Legal Services Framework with Local Authorities and Transport Infrastructure Ireland acting as Client

Transport Infrastructure Ireland (TII)

TII is procuring legal services under a Framework that are associated with the design, construction, operation, maintenance, and all other aspects of roads projects nationwide. The users of the Framework are TII and Local Authorities. This competition contains six lots relating to specific LAs and specific services to be provided within those areas. The services required for each lot are general legal advisory services in relation to construction projects, including (but not limited to):
Lots 1-3:
— general legal services in relation to the performance of statutory functions,
— general legal services and representation,
— advice in relation to CPO, EIS, environmental issues, and procurement issues,
— commercial and contract law issues,
— health and safety issues.
Lots 4-6:
— provision of all advice and representation in respect of procurement, contractual & dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation.

Deadline

The time limit for receipt of tenders was 2018-09-04. The procurement was published on 2018-07-23.

Suppliers

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

Who?

• Transport Infrastructure Ireland (TII)

What?

• Legal services › Legal advisory and information services
• Legal services › Legal advisory and representation services
• Legal services › Legal documentation and certification services

Where?

• Éire/Ireland

Procurement history

Date	Document
2018-07-23	Contract notice
2019-01-11	Contract award notice

Contract notice (2018-07-23)
Object
Scope of the procurement
Title: Legal services
Reference number: TII114
Short description:

TII is procuring legal services under a Framework that are associated with the design, construction, operation, maintenance, and all other aspects of roads projects nationwide. The users of the Framework are TII and Local Authorities. This competition contains six lots relating to specific LAs and specific services to be provided within those areas. The services required for each lot are general legal advisory services in relation to construction projects, including (but not limited to): Lots 1-3: — general legal services in relation to the performance of statutory functions, — general legal services and representation, — advice in relation to CPO, EIS, environmental issues, and procurement issues, — commercial and contract law issues, — health and safety issues. Lots 4-6: — provision of all advice and representation in respect of procurement, contractual & dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation.

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 and representation services 📦
Place of performance
NUTS region: Éire/Ireland 🏙️

Procedure
Procedure type: Open 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: Transport Infrastructure Ireland (TII)
Postal address: Parkgate Business Centre, Parkgate Street
Postal code: D08 DK10
Postal town: Dublin
Contact
Internet address: http://www.tii.ie 🌏
E-mail: chris.bradish@tii.ie 📧
Phone: +353 16463452 📞
URL for documents: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=132717&B=ETENDERS_SIMPLE 🌏
URL for participation: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=132717&B=ETENDERS_SIMPLE 🌏

Reference
Dates
Date dispatched: 2018-07-23 📅
Submission deadline: 2018-09-04 📅
Publication date: 2018-07-26 📅
Identifiers
Notice number: 2018/S 142-324754
OJ-S issue: 142
Additional information

Tenderers will need to register on the etenders government website to download the tender documents.

Object
Scope of the procurement
Short description:

Lots 1-3:

— general legal services in relation to the performance of statutory functions,

— general legal services and representation,

— advice in relation to CPO, EIS, environmental issues, and procurement issues,

— commercial and contract law issues,

— health and safety issues.

Lots 4-6:

— provision of all advice and representation in respect of procurement, contractual & dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation.

Estimated total value: 5 000 000 EUR 💰
Maximum number of lots per tenderer: 6
Title of the lot: Lot 1 (Phases 0-4)
Lot number: 1
Short description:

Lot 1: phases 0-4 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo.

Duration: 48 months
Description of renewals: Legal services required each year.
Description of options:

The Framework Agreement will have a fixed duration of 2 years, the Framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this Agreement would otherwise have expired, by notice in writing by TII to the Law Firm.

Additional information:

Tenderers will need to register on the etenders government website to download the tender documents.

Title of the lot: Lot 2 (Phases 0-4)
Lot number: 2
Short description:

Lot 2: phases 0-4 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.

Title of the lot: Lot 3 (Phases 0-4)
Lot number: 3
Short description:

Lot 3: phases 0-4 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath.

Title of the lot: Lot 4 (Phases 5-7)
Lot number: 4
Short description:

Lot 4: phases 5-7 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo.

Title of the lot: Lot 5 (Phases 5-7)
Lot number: 5
Short description:

Lot 5: phases 5-7 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.

Title of the lot: Lot 6 (Phases 5-7)
Lot number: 6
Short description:

Lot 6: phases 5-7 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath.

Place of performance
Main site or place of performance:

Ireland

Ireland.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity: Selection criteria as stated in the procurement documents.

Procedure
Legal basis: 32014L0024
Number of participants to be contemplated: 42
Time of receipt of tenders: 12:00
Languages in which tenders or requests to participate may be submitted: English 🗣️
Tender validity period: 2019-04-06 📅
Tender opening date: 2018-09-04 📅
Tender opening time: 12:00

Contracting authority
Identity
National registration number: 9510201H
Contact
Contact point: Chris Bradish
Internet address: www.tii.ie 🌏
Address of the buyer profile: https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/120261 🌏
Documents URL: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=132717&B=ETENDERS_SIMPLE 🌏

Reference
Additional information
Estimated timing for further notices: Every 4 years.

The “42” stated in IV.1.3 refers to the maximum number of participants which is 7 tenderers by 6 lots. For each lot, the tenders will be ranked from highest to lowest number of marks. The top 7 ranked tenders in each lot will be appointed to the Framework Agreement for that lot (provided there are sufficient suitable tenders; the Authority reserves the right to appoint less than 7 tenderers to any lot where less than 7 suitable tenders have been received). TII will not be liable for any participant’s costs arising in connection with participating in the competition, irrespective of the outcome of the competition, or if the competition is cancelled or postponed:

— TII has the right at any time and without notice to:

(i) terminate the competition (or part of it);

(ii) change the competition’s basis or procedures;

(iii) procure the framework by other means,

(iv) negotiate with one or more parties at any time;

(v) reject any, or all, of the applications / tenders;

(vi) not furnish a candidate or tenderer with additional information.

Or to do any combination of the foregoing or anything else deemed appropriate. In no instance will TII be required to give any reason for any alteration or termination of the process,

— if any past or future frameworks or other documents are summarised or described in this document, or in other information given to Candidates, the summary or description must not be taken as comprehensive, or as a substitute for reading the framework or other document itself when it becomes available,

— award of framework will be subject to the approval of TII,

— award of framework may be subject to successful interview,

— interested parties are advised that TII is subject to the Freedom of Information Act 2014 (together with other legislation governing access to information). If a candidate / tenderer considers that any information supplied as part of this procurement procedure should not be disclosed because of its commercial sensitivity, confidentiality or otherwise, they must, when providing this information, clearly identify the specific information they do not wish to be disclosed and clearly specify the reasons for its sensitivity. Please note, it is not sufficient to include a statement of confidentiality encompassing all the information provided in the response,

— an RFT and an ESPD are available on the etenders Website at http://www.etenders.gov.ie

Interested parties wishing to participate should ensure that the RFT and the ESPD are completed and returned in accordance with the requirements set out in the RFT document.

Complementary information
Review body
Name: High Court of Ireland
Postal address: Four Courts, Inns Quay,
Postal town: Dublin
Postal code: D7
Country: Ireland 🇮🇪
Phone: +353 18886087 📞
E-mail: highcourtcentraloffice@courts.ie 📧
Internet address: www.courts.ie 🌏
Source: OJS 2018/S 142-324754 (2018-07-23)

Contract award notice (2019-01-11)
Object
Scope of the procurement
Short description:

TII is procuring legal services under a framework that are associated with the design, construction, operation, maintenance, and all other aspects of roads projects nationwide. The users of the framework are TII and local authorities. This competition contains 6 lots relating to specific LAs and specific services to be provided within those areas. The services required for each lot are general legal advisory services in relation to construction projects, including (but not limited to): Lots 1–3 — general legal services in relation to the performance of statutory functions, — general legal services and representation, — advice in relation to CPO, EIS, environmental issues, and procurement issues, — commercial and contract law issues, — health and safety issues. Lots 4–6 — provision of all advice and representation in respect of procurement, contractual and dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation.

Total value of the procurement: 8 000 000 EUR 💰
Notice metadata
Document type: Contract award notice

Procedure
Type of bid: Not applicable
Award criteria
Lowest price

Contracting authority
Identity
Postal town: Dublin,

Reference
Dates
Date dispatched: 2019-01-11 📅
Publication date: 2019-01-15 📅
Identifiers
Notice number: 2019/S 010-019497
Refers to notice: 2018/S 142-324754
OJ-S issue: 10
Additional information

Tenderers will need to register on the etenders. Government website to download the tender documents.

Object
Scope of the procurement
Short description:

Lots 1–3

Lots 4–6

— provision of all advice and representation in respect of procurement, contractual and dispute-related issues, with particular emphasis on conciliation, arbitration, adjudication, other forms of ADR, and litigation.

Lot 1 - phases 0-4 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo

Additional information:

Tenderers will need to register on the etenders.

Government website to download the tender documents.

Short description:

Lot 2 — phases 0-4 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.

Description of options:

The Framework Agreement will have a fixed duration of 2 years, the framework duration may, at the discretion of TII, be extended for up to a further 2 years, at 12-monthly intervals, from the date when this agreement would otherwise have expired, by notice in writing by TII to the Law Firm.

Short description:

Lot 3 — phases 0-4 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath.

Lot 4 — phases 5-7 inclusive for TII and local authorities in the following: Clare, Cork, Galway, Kerry, Limerick, Mayo, Roscommon and Sligo.

Lot 5 — phases 5-7 inclusive for TII and local authorities in the following: Carlow, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow.

Lot 6 - phases 5-7 inclusive for TII and local authorities in the following: Cavan, Donegal, Leitrim, Longford, Louth, Meath. Monaghan and Westmeath,

Award of contract
Date of contract conclusion: 2018-12-10 📅
Name: Byrne Wallace
Postal address: 88 Harcourt Street, Dublin 2, D02 DK18
Postal town: Dublin
Country: Ireland 🇮🇪
Name: Mason Hayes and Curran
Postal address: South Bank House, Barrow Street, Dublin 4, D04 TR29
Name: Comyn Kelleher Tobin
Postal address: 2 George’s Quay, Cork, T12 TR2A
Postal town: Cork
Name: Eversheds Sutherland
Postal address: One Earlsfort Centre, Earlsfort Terrace, Dublin 2
Name: Michael Houlihan and Partners
Postal address: 9-11 Bindon Street, Ennis, Co. Clare
Postal town: Ennis
Name: McCann FitzGerald
Postal address: Riverside One, 37 — 42 Sir John Rogerson's Quay, Dublin
Name: VP McMullin, Solicitors
Postal address: Donegal Street, Ballybofey, Co. Donegal
Postal town: Ballybofey
Total value of the procurement: 8 000 000 EUR 💰
Postal address: Riverside One, 37 - 42 Sir John Rogerson's Quay, Dublin
Name: Regan McEntee
Postal address: High Street, Trim, Co Meath
Postal town: Trim
Name: Regan McEntee and Partners
Philip Lee
Postal address: 7/8 Wilton Terrace, Dublin 2, D02 KC57
Name: Ronan Daly Jermyn
Postal address: 2 Park Place, City Gate, Mahon, Cork
Postal town: Mahon
Name: Smyth and Son Solicitors
Postal address: Rope Walk, Drogheda, Co Louth
Postal town: Drogheda
Name: Quigg Golden
Postal address: 31 Waterloo Road, Ballsbridge, Dublin
South Bank House9-11 Bindon Street, Ennis, Co. Clare, Barrow Street, Dublin 4, D04 TR29
Postal code: D4
Information about tenders
Number of tenders received: 14

Reference
Additional information

The "42" stated in IV.1.3 refers to the maximum number of participants which is 7 tenderers by 6 lots. For each lot, the tenders will be ranked from highest to lowest number of marks. The top 7 ranked tenders in each lot will be appointed to the Framework Agreement for that lot (provided there are sufficient suitable tenders; the Authority reserves the right to appoint less than 7 tenderers to any lot where less than 7 suitable tenders have been received). TII will not be liable for any participant’s costs arising in connection with participating in the competition, irrespective of the outcome of the competition, or if the competition is cancelled or postponed.

(v) reject any, or all, of the applications/tenders;

(vi) not furnish a candidate or tenderer with additional information

Or to do any combination of the foregoing or anything else deemed appropriate. In no instance will TII be required to give any reason for any alteration or termination of the process.

— If any past or future frameworks or other documents are summarised or described in this document, or in other information given to Candidates, the summary or description must not be taken as comprehensive, or as a substitute for reading the framework or other document itself when it becomes available,

— Award of framework will be subject to the approval of TII,

— Award of framework may be subject to successful interview,

— Interested parties are advised that TII is subject to the Freedom of Information Act 2014 (together with other legislation governing access to information). If a candidate/tenderer considers that any information supplied as part of this procurement procedure should not be disclosed because of its commercial sensitivity, confidentiality or otherwise, they must, when providing this information, clearly identify the specific information they do not wish to be disclosed and clearly specify the reasons for its sensitivity. Please note, it is not sufficient to include a statement of confidentiality encompassing all the information provided in the response,

— An RFT and an ESPD are available on the etenders Website at http://www.etenders.gov.ie. Interested parties wishing to participate should ensure that the RFT and the ESPD are completed and returned in accordance with the requirements set out in the RFT document.

Complementary information
Review body
Postal address: Four Courts, Inns Quay
Source: OJS 2019/S 010-019497 (2019-01-11)

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