Framework Agreements — Employment Law in Ireland

FMS Wertmanagement AöR

FMS Wertmanagement AöR (FMS-WM) was founded in 2010 as the German federal government's winding-up institution for taking over risk positions and non-strategic operations from Hypo Real Estate Holding AG and its downstream group companies (HRE Group) and unwinding them at the lowest possible loss. For further information on FMS-WM reference is made to the download center at www.fms-wm.de.
FMS-WM is the sole shareholder of DEPFA Bank plc (DEPFA) which is a licensed bank based in Dublin and regulated by the Central Bank of Ireland. DEPFA has several subsidiaries, some of them being regulated banks as well. In order to fulfill its mission to wind-down DEPFA in a profit oriented way FMS-WM needs to manage its shareholding in DEPFA.
As a consequence FMS-WM has a demand for legal advice on Irish Employment Law, especially on drafting, review, interpretation and negotiation of employment contracts considering the existing legal frameworks (including internal policies) as well as rendering legal advice with regards to employment law related proceedings.
To meet this demand, FMS-WM intends to conclude up to six framework agreements for the provision of legal services in Irish Employment Law.

Deadline

Die Frist für den Eingang der Angebote war 2016-04-08. Die Ausschreibung wurde veröffentlicht am 2016-03-17.

Anbieter

Die folgenden Lieferanten werden in Vergabeentscheidungen oder anderen Beschaffungsunterlagen erwähnt:

Wer? Wie?
Geschichte der Beschaffung
Datum Dokument
2016-03-17 Auftragsbekanntmachung
2016-03-31 Ergänzende Angaben
2016-08-23 Bekanntmachung über vergebene Aufträge
Auftragsbekanntmachung (2016-03-17)
Objekt
Umfang der Beschaffung
Titel: Rechtsberatung
Menge oder Umfang:
Non-exclusive framework agreements concerning the provision of legal advisory services on labour and employment related matters according to Irish law. Neither a minimum level of services to be purchased nor a maximum amount for revenues to be expected by the parties to the framework agreement will be fixed.
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Metadaten der Bekanntmachung
Originalsprache: Englisch 🗣️
Dokumenttyp: Auftragsbekanntmachung
Art des Auftrags: Dienstleistungen
Verordnung: Europäische Union, mit GPA-Beteiligung
Gemeinsames Vokabular für öffentliche Aufträge (CPV)
Code: Rechtsberatung 📦

Verfahren
Verfahrensart: Offenes Verfahren
Angebotsart: Angebot für alle Lose
Vergabekriterien
Wirtschaftlichstes Angebot

Öffentlicher Auftraggeber
Identität
Land: Deutschland 🇩🇪
Art des öffentlichen Auftraggebers: Einrichtung des öffentlichen Rechts
Name des öffentlichen Auftraggebers: FMS Wertmanagement AöR
Postanschrift: Prinzregentenstr. 56
Postleitzahl: 80538
Postort: Munich
Kontakt
Internetadresse: http://www.fms-wm.de 🌏
E-Mail: legal.labourlawirish@fms-wm.de 📧
Telefon: +49 899547627644 📞
Fax: +49 8995476277644 📠

Referenz
Daten
Absendedatum: 2016-03-17 📅
Einreichungsfrist: 2016-04-08 📅
Veröffentlichungsdatum: 2016-03-19 📅
Kennungen
Bekanntmachungsnummer: 2016/S 056-094364
ABl. S-Ausgabe: 56
Zusätzliche Informationen
1. The contract will be awarded according to German law. The services for which tenders are invited are subject to category 21 of Annex I Part B of VOF [German Procedures for the Award of Contracts for Independent Professional Services]. The award process will thus be based on section 97 para. 6 GWB [German Act Against Restraints on Competition], section 5 para. 1 sentence 1 no. 2 VgV [German Procurement Regulation], section 1 para. 3 sentence 1 VOF in conjunction with the sections referred to therein and with the general principles of public procurement law. The present document constitutes a voluntary notice. The contracting authority has opted for this course of action to facilitate a maximum degree of transparency and competition. The contracting authority shall not be subject to any provisions of public procurement law going beyond those indicated above. 2. When compiling the tender documents attention should be paid to the completeness of the records and to their well-arranged layout. Bidders are requested to use the numbers shown in the text of the notice and in the forms. 3. Questions regarding the requirements defined in this notice and the additional procurement documents should be sent promptly, no later, however, than by 31.3.2016, to the following e-mail address: legal.labourlawirish@fms-wm.de. The contracting authority reserves the right not to respond to questions received later than that. Questions received in due course will be collected and an anonymised question and answer catalogue will be sent out to all bidders as soon as possible. The questions and relevant answers will be incorporated into the procurement documents and render them more precisely, as applicable. 4. The bid shall be signed by hand and be submitted in writing to the address indicated in section I.1). Electronic transmission or transmission by fax shall be impermissible and result in exclusion. The bid is to be submitted prior to the final deadlines indicated in section IV.3.4). The postage risk of timely receipt lies with the bidder. 5. The bid is to be submitted complete with all pertinent records in a sealed envelope/parcel and be clearly labelled as follows: ‘Tender Documents in the Award Procedure “Framework Agreements — Employment Law in Ireland” — Do not open before the tender period has expired! — Personally and unopened for the attention of Dr. Rüdiger Hansel’ If the bid is not labelled accordingly and if the envelope/the parcel is opened prior to the time limit for the receipt of tenders for this reason, this may lead to the bidder's exclusion from the procedure. 6. Bidders are requested to submit, in addition to the paper version with the bidder's signature by hand (original), a paper copy thereof as well as a CD-ROM / DVD with the scanned bid in the pdf format. If there are any differences and/or inconsistencies on points of substance between the documents, the original will always prevail. 7. Bidders who do not submit the declarations and documentary evidence requested herein together with the bid may be excluded from the procedure. The contracting authority reserves the right to subsequently request missing declarations and documentary evidence. The bidders have no claim to such subsequent request. 8. Only one bid per bidder will be permitted. Multiple bids will lead to being excluded from the award procedure. 9. No compensation will be granted for participation in this tender. Documents submitted will not be returned. 10. In the event that this notice or the other procurement documents contain any ambiguities or contradictions or if they violate applicable law in the bidder's view, the bidders shall report this to the contracting authority in textual form without delay. 11. Foreign bidders are expected to provide equivalent evidence and to make equivalent declarations. To the extent that pieces of evidence and declarations are not written in the German or English language, an ordinary translation into the German or English language should be attached.
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Objekt
Umfang der Beschaffung
Kurze Beschreibung:
FMS Wertmanagement AöR (FMS-WM) was founded in 2010 as the German federal government's winding-up institution for taking over risk positions and non-strategic operations from Hypo Real Estate Holding AG and its downstream group companies (HRE Group) and unwinding them at the lowest possible loss. For further information on FMS-WM reference is made to the download center at www.fms-wm.de.
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FMS-WM is the sole shareholder of DEPFA Bank plc (DEPFA) which is a licensed bank based in Dublin and regulated by the Central Bank of Ireland. DEPFA has several subsidiaries, some of them being regulated banks as well. In order to fulfill its mission to wind-down DEPFA in a profit oriented way FMS-WM needs to manage its shareholding in DEPFA.
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As a consequence FMS-WM has a demand for legal advice on Irish Employment Law, especially on drafting, review, interpretation and negotiation of employment contracts considering the existing legal frameworks (including internal policies) as well as rendering legal advice with regards to employment law related proceedings.
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To meet this demand, FMS-WM intends to conclude up to six framework agreements for the provision of legal services in Irish Employment Law.
Dauer: 48 Monate
Ort der Leistung
Hauptstandort oder Erfüllungsort: Dublin, Ireland.

Rechtliche, wirtschaftliche, finanzielle und technische Informationen
Bedingungen für die Teilnahme
Befähigung zur Berufsausübung:
General notes concerning the suitability assessment which will apply to all information to be provided pursuant to sections III.2.1) to III.2.3) of this notice:
The contract for which tenders are invited herein will be awarded to reliable (section III.2.1), capable (section III.2.2) and expert (section III.2.3) bidders. Whether the criteria of reliability, capability and expertise are met will be verified on the basis of the declarations and documentary evidence requested below.
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For the purposes of the declarations and evidence referred to above bidders are requested to use the forms (hereinafter labelled ‘forms’) which will be made available by the contracting authority to prospective bidders at the contact address indicated in section I.1) of this notice.
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The requested declarations and documentary evidence shall be submitted together with the bid. If necessary, additional information may be provided on separate pages conforming to the schematic layout of the relevant form. References to other contents in the tender documents or references to literature or brochures are no substitute for incomplete information on the forms.
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To ensure that the deadline fixed for the submission of bids is met the requested declarations and pieces of evidence may also be submitted as copies without original signatures; however, in this case the original shall be submitted promptly thereafter. The contracting authority generally reserves the right to subsequently request, at short notice, such declarations and pieces of evidence as have not been submitted prior to the expiry of the tender period. This shall, expressly, also apply in the event that bids submitted are not duly made, including cases where details on forms are missing or contradictory.
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Failure to submit the requested declarations and documentary evidence shall — subject to the contracting authority's decision on a subsequent request to be made at the contracting authority's sole discretion — result in the exclusion of the bid from the award procedure. The bidders are therefore requested to prepare their tender documents with particular care.
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The following declarations and documentary evidence shall be submitted together with the bid:
1. Self-declaration concerning the bidder (name, legal form, address, contact details, contact persons) including submission of an excerpt from the commercial register or similar document of the country where the bidder is domiciled (not older than six months, copy sufficient) (form).
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2. Self-declaration concerning reliability, by which it is affirmed that none of the reasons for exclusion defined in sec. 4 paragraphs 6 and 9 of the German Procedures for the Award of Contracts for Independent Professional Services [Vergabeordnung für freiberufliche Leistungen — VOF] exist (form).
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Wirtschaftliche und finanzielle Leistungsfähigkeit:
3. Self-declaration concerning the existence of a business liability insurance policy with a minimum cover for financial losses of 5 000 000 EUR per event insured (form). Such insurance policy should have a term being at least equal to the term of the contract, e.g. indefinite term, term automatically extended or the like.
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Mindeststandards:
If the bidder has no adequate liability insurance, the bidder has to affirm in its tender documents in a binding manner that it will take out an adequate insurance if the contract is awarded to it.
Technische und berufliche Fähigkeiten:
4. Self-declaration concerning the average number of professionals employed in the fiscal years 2015, 2014 and 2013 (form).
5. Self-declaration concerning references as to the (present or former) provision of services in the area of employment law carried out in Ireland during the last three years prior to the expiry of the tender period (form).
Mindeststandards:
In relation to No. 4: The average number of professionals employed in each of the the fiscal years 2015, 2014 and 2013 shall be at least 10.
In relation to No. 5: The bidder should, as a minimum, provide three references as to present or former engagements in Irish Employment Law with a contract value in excess of 10 000 EUR. The bidder should, as a minimum, provide 3 references as to present or former engagements in Irish Employment Law with a focus on the legal advice of board members and/or senior management. Such references may in each case also serve to meet both of the 2 minimum requirements.
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Auftragsausführung
Die Ausführung der Dienstleistung ist einem besonderen Berufsstand vorbehalten: Admission to the Roll of Solicitors in the Republic of Ireland.
Namen und berufliche Qualifikationen des Personals

Verfahren
Höchstzahl der Wirtschaftsteilnehmer der Rahmenvereinbarung: 6
Laufzeit der Rahmenvereinbarung in Monaten: 48
Gültigkeitsdauer des Angebots: 2016-06-30 📅
Sprachen
Sprache: Deutsch 🗣️
Englisch 🗣️

Öffentlicher Auftraggeber
Kontakt
Kontaktperson: FMS Wertmanagement AöR
Dr Rüdiger Hansel

Referenz
Zusätzliche Informationen
1. The contract will be awarded according to German law. The services for which tenders are invited are subject to category 21 of Annex I Part B of VOF [German Procedures for the Award of Contracts for Independent Professional Services]. The award process will thus be based on section 97 para. 6 GWB [German Act Against Restraints on Competition], section 5 para. 1 sentence 1 no. 2 VgV [German Procurement Regulation], section 1 para. 3 sentence 1 VOF in conjunction with the sections referred to therein and with the general principles of public procurement law. The present document constitutes a voluntary notice. The contracting authority has opted for this course of action to facilitate a maximum degree of transparency and competition. The contracting authority shall not be subject to any provisions of public procurement law going beyond those indicated above.
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2. When compiling the tender documents attention should be paid to the completeness of the records and to their well-arranged layout. Bidders are requested to use the numbers shown in the text of the notice and in the forms.
3. Questions regarding the requirements defined in this notice and the additional procurement documents should be sent promptly, no later, however, than by 31.3.2016, to the following e-mail address: legal.labourlawirish@fms-wm.de. The contracting authority reserves the right not to respond to questions received later than that. Questions received in due course will be collected and an anonymised question and answer catalogue will be sent out to all bidders as soon as possible. The questions and relevant answers will be incorporated into the procurement documents and render them more precisely, as applicable.
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4. The bid shall be signed by hand and be submitted in writing to the address indicated in section I.1). Electronic transmission or transmission by fax shall be impermissible and result in exclusion. The bid is to be submitted prior to the final deadlines indicated in section IV.3.4). The postage risk of timely receipt lies with the bidder.
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5. The bid is to be submitted complete with all pertinent records in a sealed envelope/parcel and be clearly labelled as follows: ‘Tender Documents in the Award Procedure “Framework Agreements — Employment Law in Ireland” — Do not open before the tender period has expired! — Personally and unopened for the attention of Dr. Rüdiger Hansel’
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If the bid is not labelled accordingly and if the envelope/the parcel is opened prior to the time limit for the receipt of tenders for this reason, this may lead to the bidder's exclusion from the procedure.
6. Bidders are requested to submit, in addition to the paper version with the bidder's signature by hand (original), a paper copy thereof as well as a CD-ROM / DVD with the scanned bid in the pdf format. If there are any differences and/or inconsistencies on points of substance between the documents, the original will always prevail.
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7. Bidders who do not submit the declarations and documentary evidence requested herein together with the bid may be excluded from the procedure. The contracting authority reserves the right to subsequently request missing declarations and documentary evidence. The bidders have no claim to such subsequent request.
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8. Only one bid per bidder will be permitted. Multiple bids will lead to being excluded from the award procedure.
9. No compensation will be granted for participation in this tender. Documents submitted will not be returned.
10. In the event that this notice or the other procurement documents contain any ambiguities or contradictions or if they violate applicable law in the bidder's view, the bidders shall report this to the contracting authority in textual form without delay.
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11. Foreign bidders are expected to provide equivalent evidence and to make equivalent declarations. To the extent that pieces of evidence and declarations are not written in the German or English language, an ordinary translation into the German or English language should be attached.
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Ergänzende Informationen
Körper überprüfen
Name: Die Vergabekammern des Bundes
Postanschrift: Villemombler Str. 76
Postort: Bonn
Postleitzahl: 53123
Land: Deutschland 🇩🇪
E-Mail: vk@bundeskartellamt.bund.de 📧
Telefon: +49 2289499-0 📞
Fax: +49 2289499-163 📠
Informationen zu Fristen für Nachprüfungsverfahren:
Reference is made to the following section of the German Act Against Restraints on Competition [GWB] regarding the lodging of appeals (Section 107 para. 3 Sentence 1 No. 1 to 4 GWB):
The application is inadmissible if:
1. the applicant became aware of the violation of public procurement provisions during the award procedure, but did not complain to the contracting entity without undue delay,
2. violations of public procurement provisions which become apparent from the tender notice are not notified to the contracting entity by the end of the period for the submission of a tender or application specified in the notice,
3. violations of public procurement provisions which only become apparent from the award documents are not notified to the contracting entity by the end of the period for the submission of a tender or application specified in the notice,
4. more than 15 calendar days have expired since receipt of notification from the contracting entity that it is unwilling to redress the complaint.
Quelle: OJS 2016/S 056-094364 (2016-03-17)
Ergänzende Angaben (2016-03-31)
Objekt
Metadaten der Bekanntmachung
Dokumenttyp: Ergänzende Angaben

Referenz
Daten
Absendedatum: 2016-03-31 📅
Einreichungsfrist: 2016-04-19 📅
Veröffentlichungsdatum: 2016-04-05 📅
Kennungen
Bekanntmachungsnummer: 2016/S 066-115090
Verweist auf Bekanntmachung: 2016/S 056-094364
ABl. S-Ausgabe: 66
Quelle: OJS 2016/S 066-115090 (2016-03-31)
Bekanntmachung über vergebene Aufträge (2016-08-23)
Objekt
Metadaten der Bekanntmachung
Dokumenttyp: Bekanntmachung über vergebene Aufträge

Verfahren
Angebotsart: Entfällt

Referenz
Daten
Absendedatum: 2016-08-23 📅
Veröffentlichungsdatum: 2016-08-27 📅
Kennungen
Bekanntmachungsnummer: 2016/S 165-298124
ABl. S-Ausgabe: 165
Zusätzliche Informationen
1. The contract will be awarded according to German law. The services for which tenders are invited are subject to category 21 of Annex I Part B of VOF (German Procedures for the Award of Contracts for Independent Professional Services). The award process will thus be based on section 97 para. 6 GWB (German Act Against Restraints on Competition), section 5 para. 1 sentence 1 no 2 VgV (German Procurement Regulation), section 1 para. 3 sentence 1 VOF in conjunction with the sections referred to therein and with the general principles of public procurement law. The present document constitutes a voluntary notice. The contracting authority has opted for this course of action to facilitate a maximum degree of transparency and competition. The contracting authority shall not be subject to any provisions of public procurement law going beyond those indicated above. 2. When compiling the tender documents attention should be paid to the completeness of the records and to their well-arranged layout. Bidders are requested to use the numbers shown in the text of the notice and in the forms. 3. Questions regarding the requirements defined in this notice and the additional procurement documents should be sent promptly, no later, however, than by 31.3.2016, to the following e-mail address: legal.labourlawirish@fms-wm.de The contracting authority reserves the right not to respond to questions received later than that. Questions received in due course will be collected and an anonymised question and answer catalogue will be sent out to all bidders as soon as possible. The questions and relevant answers will be incorporated into the procurement documents and render them more precisely, as applicable. 4. The bid shall be signed by hand and be submitted in writing to the address indicated in section I.1) Electronic transmission or transmission by fax shall be impermissible and result in exclusion. The bid is to be submitted prior to the final deadlines indicated in section IV.3.4) The postage risk of timely receipt lies with the bidder. 5. The bid is to be submitted complete with all pertinent records in a sealed envelope/parcel and be clearly labelled as follows: ‘Tender Documents in the Award Procedure, “Framework Agreements — Employment Law in Ireland” — Do not open before the tender period has expired — Personally and unopened for the attention of Dr Rüdiger Hansel’. If the bid is not labelled accordingly and if the envelope/the parcel is opened prior to the time limit for the receipt of tenders for this reason, this may lead to the bidder's exclusion from the procedure. 6. Bidders are requested to submit, in addition to the paper version with the bidder's signature by hand (original), a paper copy thereof as well as a CD-ROM / DVD with the scanned bid in the pdf format. If there are any differences and/or inconsistencies on points of substance between the documents, the original will always prevail. 7. Bidders who do not submit the declarations and documentary evidence requested herein together with the bid may be excluded from the procedure. The contracting authority reserves the right to subsequently request missing declarations and documentary evidence. The bidders have no claim to such subsequent request. 8. Only 1 bid per bidder will be permitted. Multiple bids will lead to being excluded from the award procedure. 9. No compensation will be granted for participation in this tender. Documents submitted will not be returned. 10. In the event that this notice or the other procurement documents contain any ambiguities or contradictions or if they violate applicable law in the bidder's view, the bidders shall report this to the contracting authority in textual form without delay. 11. Foreign bidders are expected to provide equivalent evidence and to make equivalent declarations. To the extent that pieces of evidence and declarations are not written in the German or English language, an ordinary translation into the German or English language should be attached.
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Verfahren
Vergabekriterien
Kriterium: 1. Quality (60)
2. Price (40)

Auftragsvergabe

1️⃣
Datum des Vertragsabschlusses: 2016-07-25 📅
Name: McCann FitzGerald
Postort: Dublin
Land: Irland 🇮🇪

2️⃣
Name: Dillon Eustace Solicitors

3️⃣
Name: Matheson

4️⃣
Name: William Fry
Informationen über Ausschreibungen
Anzahl der eingegangenen Angebote: 4

Referenz
Kennungen
Nummer der Bekanntmachung im Amtsblatt S: 2016/S 66-115090

Ergänzende Informationen
Körper überprüfen
Postanschrift: Villemombler Str 76
Informationen zu Fristen für Nachprüfungsverfahren:
Reference is made to the following section of the German Act Against Restraints on Competition (GWB) regarding the lodging of appeals (Section 107 para. 3 Sentence 1 No. 1 to 4 GWB):
1. The applicant became aware of the violation of public procurement provisions during the award procedure, but did not complain to the contracting entity without undue delay;
2. Violations of public procurement provisions which become apparent from the tender notice are not notified to the contracting entity by the end of the period for the submission of a tender or application specified in the notice;
3. Violations of public procurement provisions which only become apparent from the award documents are not notified to the contracting entity by the end of the period for the submission of a tender or application specified in the notice;
4. More than 15 calendar days have expired since receipt of notification from the contracting entity that it is unwilling to redress the complaint.
Quelle: OJS 2016/S 165-298124 (2016-08-23)