Section I: Contracting authority

I.1) Name, addresses and contact point(s)

Internet address(es):

General address of the contracting authority: URL: http://www.rte.ie

Electronic access to information: URL: http://www.rte.ie/about/tenders/niproject/

Further information can be obtained from:The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:The above mentioned contact point(s)

Tenders or requests to participate must be sent to:The above mentioned contact point(s)

I.2) Type of the contracting authority

Body governed by public law

I.3) Main activity

Recreation, culture and religion

I.4) Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1) Description

II.1.1) Title attributed to the contract by the contracting authority:

The provision of multiplexing and distribution services and/or broadcast transmission services for Northern Ireland.

II.1.2) Type of contract and location of works, place of delivery or of performance

Services

Service category No 5: Telecommunications services

Main site or location of works, place of delivery or of performance: Northern Ireland.

NUTS codeUKN0

II.1.3) Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract

II.1.4) Information on framework agreement

II.1.5) Short description of the contract or purchase(s)

In February 2010, the UK and Irish Governments signed a memorandum of understanding which gives effect to terms of the Belfast and St. Andrews agreements with respect to the extension of coverage of TG4, and latterly RTÉ One and RTÉ Two, throughout Northern Ireland.

RTÉ(acting on behalf of a joint venture company (Northern Ireland (N.I.) Multiplex Company Ltd.) to be established by RTÉ and TG4, Ireland's public service broadcasters) wishes to enter into a competitive dialogue procedure with interested and suitably qualified companies for the supply, installation, operation, support and maintenance of broadcasting, distribution and transmission services of RTÉ One, RTÉ Two and TG4 within Northern Ireland over a twelve (12) year period. There may be a requirement for carriage of a radio service and a further television service.

The requirements under this procurement will be split into the following 2 lots:

— Lot 1:

—— Multiplexing and distribution,

—— Creation of a multiplex including RTÉ One, RTÉ Two, and TG4 with distribution to 2 transmission sites in Northern Ireland. There may be a requirement for carriage of a radio service and a further television service.

— Lot 2:

—— Broadcast transmission,

—— Broadcast transmission of a multiplex from 3 sites (one relay) in Northern Ireland.

II.1.6) Common procurement vocabulary (CPV)

64200000 , 64228000 , 64228100 , 32210000 , 32220000 , 32270000 , 32500000

II.1.7) Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8) Lots

This contract is divided into lots: yes

Tenders may be submitted for one or more lots

II.1.9) Information about variants

Variants will be accepted: yes

II.2) Quantity or scope of the contract

II.2.1) Total quantity or scope:

II.2.2) Information about options

Options: no

II.2.3) Information about renewals

This contract is subject to renewal: no

II.3) Duration of the contract or time limit for completion

Duration in months: 144 (from the award of the contract)

Information about lots

Lot No: 1

Lot title: Multiplexing and distribution services

1) Short description

Creation of a multiplex of RTÉ One, RTÉ Two and TG4 with distribution to 2 transmission sites in Northern Ireland. There may be a requirement for carriage of a radio service and a further television service.

2) Common procurement vocabulary (CPV)

64200000 , 32210000 , 32270000 , 32500000

3) Quantity or scope

4) Indication about different date for duration of contract or starting/completion

Duration in months: 144 (from the award of the contract)

5) Additional information about lots

Lot No: 2

Lot title: Broadcast transmission services

1) Short description

Broadcast transmission of a multiplex from 3 sites (one relay) in Northern Ireland.

2) Common procurement vocabulary (CPV)

64200000 , 64228000 , 64228100 , 32210000 , 32220000 , 32270000

3) Quantity or scope

4) Indication about different date for duration of contract or starting/completion

Duration in months: 144 (from the award of the contract)

5) Additional information about lots

Section III: Legal, economic, financial and technical information

III.1) Conditions relating to the contract

III.1.1) Deposits and guarantees required:

The Contracting Authority may require collateral warranties, parent company guarantees and/or performance bonds (as applicable) to be entered into by other involved economic operators.

III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Subject to the status and involvement of the parties, the Contracting Authority may require parties to commit to joint and several liability. Alternatively, the Contracting Authority may expect the lead operator to take total responsibility or require the consortium to form a single legal entity before entering into the contract.

III.1.4) Other particular conditions

The performance of the contract is subject to particular conditions: no

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 the requirements are met: Full details including memorandum of information and pre-qualification questionnaire available at the following address: URL: www.rte.ie/about/tenders/niproject/
.

III.2.2) Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Full details including memorandum of information and pre-qualification questionnaire available at the following address: URL: www.rte.ie/about/tenders/niproject/
.

Minimum level(s) of standards possibly required: Economic operators must have a minimum turnover of 3 000 000 GBP per lot (or equivalent in other currency) in each of the last three (3) consecutive years. In the case of a consortium bid, the combined annual turnover of the economic operator in each of the last three (3) consecutive years must be no less than 3 000 000 GBP per lot (or equivalent in other currency) and the minimum annual turnover of at least one of the consortium members must be no less than 1 000 000 GBP (or equivalent in other currency) in each of the last three (3) consecutive years.

Economic operators must have the following minimum levels of insurance per lot (or provide confirmation from their current insurance broker that they are capable of obtaining the insurance to the values stipulated per lot):

— Minimum level of public liability insurance of not less than 5 000 000 GBP (or equivalent in other currency) per incident,

— Minimum level of employer's liability insurance of 10 000 000 GBP (or equivalent in other currency) per incident,

— Minimum level of products liability insurance of not less than 5 000 000 GBP (or equivalent in other currency) per incident.

III.2.3) Technical capacity

Information and formalities necessary for evaluating if the requirements are met:

Full details including memorandum of information and pre-qualification questionnaire available at the following address: URL: www.rte.ie/about/tenders/niproject/
.

Minimum level(s) of standards possibly required:

RTÉ will require economic operators to satisfy minimum standards of technical capacity or professional ability. These are described in detail in the pre-qualification questionnaire and can be summarised as:

— Demonstration of health and safety and policies,

— Environmental management compliance,

— Compliance with equality and unlawful discrimination legislation; and

— Confirmation of no pending litigation, related litigation, or other legal dispute(s) which would affect the delivery of the services required under this tender competition.

The requirements are set out in full in the pre-qualification questionnaire.

III.2.4) Information about reserved contracts

III.3) Conditions specific to services contracts

III.3.1) Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2) Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1) Type of procedure

IV.1.1) Type of procedure

competitive dialogue

IV.1.2) Limitations on the number of operators who will be invited to tender or to participate

Envisaged number of operators: 8

Objective criteria for choosing the limited number of candidates: Candidates will be chosen in accordance with the pre-qualification evaluation exercise as set out in the memorandum of information and pre-qualification questionnaire.

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 no

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) Information about electronic auction

An electronic auction will be used: no

IV.3) Administrative information

IV.3.1) File reference number attributed by the contracting authority:

IV.3.2) Previous publication(s) concerning the same contract

no

IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 9.12.2011

IV.3.4) Time limit for receipt of tenders or requests to participate

16.12.2011 - 12:00

IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates

13.1.2012

IV.3.6) Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7) Minimum time frame during which the tenderer must maintain the tender

IV.3.8) Conditions for opening tenders

Section VI: Complementary information

VI.1) Information about recurrence

This is a recurrent procurement: no

VI.2) Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3) Additional information

RTÉ will not be responsible for any costs, charges or expenses incurred by candidates participating in this tender competition.

The Republic of Ireland Freedom of Information Acts 1997 and 2003 apply to RTÉ with regard to its function as a body outlined in SI115 of 2000.

The dates given in Sections IV.3.3, IV.3.4 and IV.3.5 are a best estimate at time of despatch. For the avoidance of doubt the documents referred to at Section IV.3.3 are the memorandum of information and the pre-qualification questionnaire.

Further to section IV.1.2 above and for the avoidance of any doubt, the number of economic operators who will be invited to participate in dialogue with the Contracting Authority will be restricted to 4 economic operators per lot.

Five copies of responses to the pre-qualification questionnaire should be submitted.

Full details including memorandum of information and pre-qualification questionnaire are available at the following address: URL: www.rte.ie/about/tenders/niproject/
.

VI.4) Procedures for appeal

VI.4.1) Body responsible for appeal procedures

VI.4.2) Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Contracting Authority will incorporate a standstill period at the point information on contract award is communicated to tenderers. The notification will provide full information on the award decision. The standstill period, which will be for a minimum of 16 calendar days provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into. The Public Contracts Regulations (SI 2006 No.5) (as amended) provides for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (Northern Ireland).

VI.4.3) Service from which information about the lodging of appeals may be obtained

VI.5) Date of dispatch of this notice:

15.11.2011