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IRL-Naas: legal services

Request For Proposals

General Information
Country:   Ireland
City/Locality:   NAAS
Notice/Contract Number:   eu:318325-2009
Publication Date:   Nov 17, 2009
Deadline:   Dec 21, 2009
Buyer:   HEALTH SERVICE EXECUTIVE
Original Language:   English

Contact Information
Address:   HEALTH SERVICE EXECUTIVE
NAAS, IRELAND
Ireland
Web Site:   http://www.hse.ie

Goods, Works and Services

 

Summary

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Notice Type: 2240 - Contract notice
Regulation of Procurement: European Communities
EU Official Journal Publication: 221/2009, #318325-2009
Referenced Document Number: 212691-2009
Contract Nature: Service contract
Procedure Type: Negotiated procedure
Type of Bid Required: Global tender
Awarding Criteria: The most economic tender

Original Text

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CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): Health Service Executive, Head
Office, Oak House, Limetree Avenue, Millennium Park, Co. Kildare, Contact:
Assistant National Director, Commercial & Support Services, Attn: Mr Sean
Bresnan, IRL-Naas. Tel. +353 45880400. E-mail: sean.bresnan@hse.ie. Fax
+353 1890200893.
Internet address(es):
General address of the contracting authority: http://www.hse.ie.
Address of the buyer profile: http://www.etenders.gov.ie/search/
Search_AuthProfile.aspx?ID=AA7381.
Further information can be obtained at: Health Service Executive, Office
of National Directorate of Commercial & Support Services, 2/3 Parnell
Square East, Contact: Assistant National Director, Commercial & Support
Services, Attn: Mr Sean Bresnan, IRL-Dublin 1. Tel. +353 18717013. E-mail:
sean.bresnan@hse.ie. Fax +353 18870058. URL: http://www.hse.ie.
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
Health Service Executive, Office of National Directorate of Commercial &
Support Services, 2/3 Parnell Square East, Contact: Assistant National
Director, Commercial & Support Services, Attn: Mr Sean Bresnan, IRL-Dublin
1. Tel. +353 18717013. E-mail: sean.bresnan@hse.ie. Fax +353 18870058.
URL: http://www.hse.ie.
Tenders or requests to participate must be sent to: Health Service
Executive, Office of National Directorate of Commercial & Support
Services, 2/3 Parnell Square East, Contact: Assitant National Director,
Commercial & Support Services, Attn: Mr Sean Bresnan, IRL-Dublin 1. Tel.
+353 18717013. E-mail: sean.bresnan@hse.ie. Fax +353 18870058. URL:
http://www.hse.ie.
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Body governed by public law.
Health.
SECTION II: OBJECT OF THE CONTRACT
II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority:
Legal Services.
II.1.2) Type of contract and location of works, place of delivery or of
performance: Services.
Service category: No 21.
Main place of performance: To numerous service user sites throughout the
Republic of Ireland.
NUTS code: IE.
II.1.3) The notice involves: A public contract.
II.1.5) Short description of the contract or purchase(s): The HSE is
committed to implementing a national strategic programme to deliver and
manage legal services across the HSE. The The objective of this
procurement is to achieve best value for money in the provision of legal
services for the HSE by delivering "more for less" through a competitive
tendering exercise and in doing so.
a. Ensure that expenditure on legal services is done so in a controlled
and managed fashion and realises value for money.
b. Provide discipline and consistency to the provision of legal services
c. Improve operational efficiency and reduce costs
d. Rationalise existing service provider base without compromising quality
of service
e. Ensure continuity and consistency of legal advice
In summary the proposed contracting approach will be based on a
concessionary type approach where the successful service provider will be
paid by HSE, an agreed amount on a monthly basis, for the delivery of the
required services. The agreed amount will be based on the HSE stating the
value of the book of business.
It is expected that the contract will deliver.
a. a significant reduction in the cost of actual legal services;
b. high quality legal advice and representation at all times and on all
issues;
c. predictability of price and visibility of costs and;
d. consistency and continuity of service.
The required services are Annex IIB services and, accordingly, only
Articles 23 and 35(4) the Consolidated Public Procurement Directive
2004/18/EC for the award of public service contracts, as amended apply to
the award of the Contract(s).
Note: To register your interest in this notice and obtain any additional
information please visit the eTenders Web Site at
http://www.etenders.gov.ie/Search/Search_Switch.aspx?ID=86334.
II.1.6) Common procurement vocabulary (CPV): 79100000.
II.1.8) Division into lots: No.
II.1.9) Variants will be accepted: Yes.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope: The HSE requires a comprehensive range
of legal services covering all aspects of the functions of the Service.
There are two principal requirements under which legal services can be
scoped, namely; National Requirements (corporate legal services) and Local
Requirements (operational legal services). Details of the estimated value
of the legal service requirement can be found in the Preliminary
Specification of Requirements.
II.2.2) Options: Yes.
Description of these options: HSE reserves the right to extend the
contract term for a period of 24 months.
Provisional timetable for recourse to these options: in months: 36 (from
the award of the contract).
II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION: Starting:
1.1.2011. Completion: 31.12.2013.
SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION
III.1) CONDITIONS RELATING TO THE CONTRACT
III.1.1) Deposits and guarantees required: If required, will be contained
in any subsequent Invitation to Negotiate and/or Invitation to Tender
documents.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions regulating them: Will be contained in
any subsequent Invitation to Negotiate and/or Invitation to Tender
documents.
III.1.4) Other particular conditions to which the performance of the
contract is subject: Yes.
The contract will be subject to agreed performance measurements. These
measures will be agreed between HSE and the successful service provider.
III.2) CONDITIONS FOR PARTICIPATION
III.2.1) Personal situation of economic operators, including requirements
relating to enrolment on professional or trade registers: Information and
formalities necessary for evaluating if requirements are met: (1) All
candidates will be required to produce a certificate or declaration
demonstrating that they are not bankrupt or the subject of an
administration order, are not being wound-up, have not granted a trust
deed, are not the subject of a petition presented for sequestration of
their estate, have not had a receiver, manager or administrator appointed
and are not otherwise apparently insolvent.
(2) All candidates will be required to produce a certificate or
declaration demonstrating that the candidate, their directors, or any
other person who has powers of representation, decision or control of the
candidate has not been convicted of conspiracy, corruption, bribery, or
money laundering. Failure to provide such a declaration will result in the
candidate being declared ineligible and they will not be selected to
participate in this procurement process.
(3) All candidates will be required to produce a certificate or
declaration demonstrating that they have not been convicted of a criminal
offence relating to the conduct of their business or profession.
(4) All candidates will be required to produce a certificate or
declaration demonstrating that they have not committed an act of grave
misconduct in the course of their business or profession.
(5) All candidates must comply with the requirements of the State in which
they are established, regarding registration on the professional or trade
register.
(6) Any candidate found to be guilty of serious misrepresentation in
providing any information required, may be declared ineligible and not
selected to continue with this procurement process.
(7) All candidates will have to demonstrate that they are licensed, or a
member of the relevant organisation, in the State where they are
established, when the law of that State prohibits the provision of the
services, described in this notice, by a person who is not so licensed or
who is not a member of the relevant organisation.
(8) All candidates will be required to produce a certificate or
declaration demonstrating that they have fulfilled obligations relating to
the payment of social security contributions under the law or of the
relevant State in which the candidate is established
(9) All candidates will be required to produce a certificate or
declaration demonstrating that they have fulfilled obligations relating to
the payment of taxes under the law or of the relevant State in which the
economic operator is established.
The format of certification is described in the Pre-Qualification
Competition Documents.
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating if requirements are met: (1) All candidates will
be required to provide a reference from their bank.
(2) All candidates will be required to provide evidence of relevant
professional risk indemnity insurance.
The format of declaration is described in the Pre-Qualification
Competition Documents.
Minimum level(s) of standards possibly required: 1. To be considered for
inclusion as a Lead Provider, Candidates must confirm by way of letter,
signed by the Candidate’s Authorised Representative that the annual
turnover of the Candidate in each of the previous three financial years is
equal to or exceeds 20 000 000 EUR exclusive of VAT. Candidates should
note that there is no requirement to declare the actual turnover. In the
case of a group of firms competing for Lead Providers, the combined
turnover of the group of firms must be equal to or exceed the threshold of
20 000 000 EUR.
2. To be considered for inclusion as in the Operational Panel, Candidates
must confirm by way of letter, signed by the Candidate’s Authorised
Representative that the annual turnover of the Candidate in each of the
previous three financial years is equal to or exceeds 500 000 EUR
exclusive of VAT. Candidates should note that there is no requirement to
declare the actual turnover.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
(1) A statement of the candidate's average annual number of staff and
managerial staff over the previous 3 years.
(2) Details of the educational and professional qualifications of their
managerial staff; and those of the person(s) who would be responsible for
providing the services or carrying out the work or works under the
contract;
(3) A statement of the principal goods sold or services provided by the
supplier or the services provider in the past 3 years, detailing the dates
on which the goods were sold or the services provided; the consideration
received; the identity of the person to whom the goods were sold or the
services were provided.
(4) A check may be carried out by the contracting authority or by a
competent official body of the State in which the candidate is
established, to verify the technical capacity of the candidate; and if
relevant, on the candidates study and research facilities and quality
control measures;
(5) A statement of the candidate's technical facilities; measures for
ensuring quality; and their study and research facilities;
(6) A statement of the technicians or technical services available to the
candidate to carry out the work under the contract; or be involved in the
production of goods or the provision of services under the contract;
particularly those responsible for quality control, whether or not they
are independent of the candidate.
The format in which the Candidates technical capacity is to be
demonstrated is described in the Pre-Qualification Competition Documents.
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1) Execution of the service is reserved to a particular profession:
Yes.
Solicitors Act 1954 (as amended).
III.3.2) Legal entities should indicate the names and professional
qualifications of the staff responsible for the execution of the service:
Yes.
SECTION IV: PROCEDURE
IV.1) TYPE OF PROCEDURE
IV.1.1) Type of procedure: Negotiated.
Candidates have already been selected: no.
IV.1.2) Limitations on the number of operators who will be invited to
tender or to participate: Envisaged minimum number: 3. Maximum number: 5
Objective criteria for choosing the limited number of candidates: As
described in the Selection Criteria Document.
IV.1.3) Reduction of the number of operators during the negotiation or
dialogue: Recourse to staged procedure to gradually reduce the number of
solutions to be discussed or tenders to be negotiated yes.
IV.2) AWARD CRITERIA
IV.2.1) Award criteria: The most economically advantageous tender in
terms of the criteria stated in the specifications, in the invitation to
tender or to negotiate or in the descriptive document.
IV.2.2) An electronic auction will be used: No.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1) File reference number attributed by the contracting authority:
HSE/PS/01/09.
IV.3.2) Previous publication(s) concerning the same contract: Prior
information notice
Notice number in OJ: 2008/S 251-336301 of 23.12.2008.
Other previous publications
Notice number in OJ: 2007/S 21-025033 of 29.1.2007.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
21.12.2009 - 12:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to
selected candidates: 21.1.2010.
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up: English.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1) THIS IS A RECURRENT PROCUREMENT: Yes.
Estimated timing for further notices to be published: Either 36, 48 or 60
months after the date of contract award.
VI.3) ADDITIONAL INFORMATION: At dialogue/tender stage of the procurement
each bidding consortium who will be required to sign a certificate of
non-collusion. For the purposes of preparing a bid, tenderers may enter
into exclusive arrangements with other firms in order to form a
Consortium. Any exchange of commercially confidential information with any
other bidder (other than a member of its own Consortium) may result in the
exclusion of individual members or the consortium responsible for the
inappropriate exchange of information from further participation in the
tender process. It is understood that, within a Consortium, there will be
a need to exchange pricing and other confidential information in
preparation of the bid. The HSE reserves to itself the entitlement to
indicate at an early stage to a Consortium’s any particular inadequacies
in the consortium make up.
In order to obtain the Competition Documents for this procurement you are
requested to download the Letter of Invitation associated with this
Contract Notice and complete the attached Request for Documents Form. You
should then return the Request for Documents Form to the individual
nominated at Annex A II) in this Notice after which the Competition
Documents will be issued to you.
As this procurement is reserved for a specific profession, issue of the
Competition Documents is confined to practising solicitors and or/ law
firms who declare a bona fide interest in participating in the process.
(ET Ref:86334).
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: High Court, Chief
Registrar, Four Courts, Inns Quay, IRL-Dublin. URL: www.courts.ie.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 16.11.2009.
Please note that this notice is for your information only.
We try our best to have the most accurate and up-to-date information available on our web site, but we cannot guarantee that all of the information provided is error-free.
If you have any suggestions for updates/corrections for this notice, please let us know.