MC/2026/03 Creative Strategy and Communication Services

AI-generated analysis of the documents. Check the official notice and any amendments for current submission details.

1. At a glance

2. Scope of Work

This tender seeks a contractor to provide creative strategy and communication services to Fáilte Ireland. The contract will encompass the development and execution of strategic communication initiatives aimed at promoting Irish tourism. The scope of work is defined by the Request for Tender (ITT) and the successful bidder's submission, forming the Specification.

The contractor's core responsibilities include:

• Service Provision: Delivering services according to the Specification and Fáilte Ireland's directions.
• Policy Compliance: Implementing Fáilte Ireland's policies, guidelines, and project governance protocols.
• Security: Adhering to local security arrangements as notified by Fáilte Ireland.
• Industry Standards: Providing services in line with good industry practice and all applicable laws, including:
• Safety, Health and Welfare at Work Act 2005
• Child protection legislation
• Data Protection Acts 1988 to 2018
• Freedom of Information Act 2014
• Applicable employment legislation
• Employer Responsibilities: Assuming full legal responsibility for the employment, remuneration, taxes, immigration, and work permits of all personnel engaged.
• TUPE Compliance: Complying with the European Communities (Protection of Employees' Rights on Transfer of Undertakings) Regulations 2003.
• Special Conditions: Adhering to any Special Conditions outlined in Schedule C.
• Prime Contractor Role: Acting as the prime contractor, assuming full responsibility for service delivery and the acts/omissions of any subcontractors. Subcontracting requires prior written consent from Fáilte Ireland.
• Personnel Management: Ensuring personnel are aware of and comply with the agreement's terms, Fáilte Ireland's policies, rules, and codes of conduct. The contractor is liable for damage caused by personnel's default.
• Key Personnel: Ensuring specified key personnel are available for the agreement's term and immediately notifying Fáilte Ireland if they become unable to provide services, proposing replacements of equivalent experience and expertise for Fáilte Ireland's approval.
• Deliverables: Producing reports, data, manuals, and other materials (including audio/visual recordings, transcripts, books, papers, records, notes, illustrations, photographs, diagrams, or software) as required for the agreement. All Intellectual Property Rights in these materials vest in Fáilte Ireland.
• Confidentiality: Maintaining strict confidentiality of Fáilte Ireland's confidential information.

3. Background & buyer context

Fáilte Ireland, the National Tourism Development Authority, is procuring these creative strategy and communication services. The procurement is conducted under the framework of the Award of Public Authorities' Contracts Regulations 2006 (S.I. No. 329/2006). The services are intended to support Fáilte Ireland's mandate in developing and promoting Irish tourism. The specific strategic drivers for this procurement are not detailed in the provided contract terms but relate to Fáilte Ireland's ongoing mission to enhance Ireland's tourism sector. The contract terms are Fáilte Ireland's standard terms and conditions for the supply of services.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered:

• Turnover requirement: Not specified for this tender.
• Insurance:
• Employer's Liability Insurance: €13,000,000 minimum indemnity limit.
• Public Liability Insurance: €6,500,000 minimum indemnity limit.
• Professional Indemnity Insurance: €6,500,000 minimum indemnity limit.
• Cyber Liability Insurance: €1,500,000 minimum indemnity limit.
• Note: The "for each and every claim" qualifier applies to the indemnity limits.
• Certifications: Not specified for this tender.
• Past experience: Not specified for this tender.
• Personnel: Not specified for this tender.
• Geographic / facility constraints: Not specified for this tender.

Bidders must provide supporting documentation upon request to demonstrate compliance with these requirements.

5. Award criteria & scoring

The evaluation process involves two stages: first, an assessment of minimum requirements (Pass/Fail), followed by an evaluation of weighted criteria. The specific award criteria and their weighting are not detailed in the provided contract terms. However, the tender documents state that "Each questionnaire is evaluated on the minimum requirements under the Selection Criteria below – Pass/Fail Criteria will be evaluated first followed by the Weighted Criteria." This indicates a two-tier evaluation approach. The price/quality split is not specified in the provided text.

6. Submission requirements

The submission requirements are not fully detailed in the provided contract terms. However, based on the contract structure, bidders will likely need to submit:

• A response document detailing their proposed services, aligning with the ITT and their submission.
• Details of Key Personnel and any proposed Replacement Personnel.
• A Pricing Schedule, as referenced in Schedule B.
• Declarations, including:
• Declaration as to Personal Circumstances of Tenderer (confirming no excluding circumstances under Article 45 of EU Directive 2004/18/EC).
• Tax Clearance Certificate.
• Evidence of required insurance policies.
• A Data Recovery Plan, if applicable.
• Any other documentation specified in the ITT or its schedules.

The contract states that the successful tenderer's response (Schedule F) and any clarifications will form part of the final agreement.

7. Key dates & process

The Tender Validity Period required is 12 months, commencing on the tender assessment start date.

8. Contract terms that matter

• Term & Extension: The agreement has an Effective Date and an Expiry Date, defining the Term. Fáilte Ireland reserves the right to extend the Term for specified Additional Periods.
• Payment Terms: Payment is made within 30 days of receipt of a correct and appropriately vouched invoice, provided there is no dispute. Payments are subject to the Contractor quoting a valid Purchase Order number on each invoice and possessing a current Tax Clearance Certificate. Prompt Payment of Accounts Act 1997 and European Communities (Late Payment in Commercial Transactions) Regulations 2012 apply. Professional Services Withholding Tax (PSWT) will be deducted at the standard rate.
• Key SLAs/KPIs: Not specified in the provided contract terms.
• Liquidated Damages/Penalties: Not specified in the provided contract terms.
• Termination Clauses: The agreement can be terminated in accordance with its provisions or otherwise lawfully.
• IP Ownership: All Intellectual Property Rights in materials produced for the agreement vest in Fáilte Ireland. The Contractor assigns all IPR to Fáilte Ireland.
• Sub-contracting: Sub-contracting requires prior written consent from Fáilte Ireland. The Contractor remains fully responsible for subcontractors' acts and omissions.
• Parent-Company Guarantee/Bond: Not specified in the provided contract terms.

9. Risks, red flags & unusuals

• Insurance Levels: The Professional Indemnity Insurance requirement of €6,500,000 is notably higher than the Cyber Liability Insurance (€1,500,000) and the Employer's Liability Insurance (€13,000,000). This suggests a high perceived risk associated with the professional advice and services provided, potentially favouring firms with substantial PI coverage.
• Contractual Priority: The order of priority for contract documents (Agreement/Schedules, ITT, Submission, Business Services) is clearly defined, with the main agreement and its schedules taking precedence. This means the detailed terms and conditions in Schedule A are paramount.
• No Negotiation: Fáilte Ireland states it will not enter into negotiations regarding the agreement, emphasizing that the Contractor may not amend the agreement or its schedules. This requires bidders to accept the standard terms as presented.
• PSWT Application: The mandatory deduction of Professional Services Withholding Tax (PSWT) applies to both Irish and non-resident suppliers, requiring careful financial planning and understanding of Irish tax regulations.

10. SME fit assessment

This tender is likely suitable for established small to medium-sized enterprises (SMEs) with a proven track record in creative strategy and communication services, particularly those with experience working with public sector bodies or large organisations.

• Credible Bidders: Viable bidders would possess significant experience in developing and executing integrated communication campaigns, demonstrating strategic thinking, creative execution, and project management capabilities. The high insurance requirements, especially Professional Indemnity, suggest that firms with a strong financial standing and robust risk management practices are better positioned.
• Consortium/Sub-contracting: Sub-contracting is permitted but requires Fáilte Ireland's prior written consent. This allows SMEs to partner with specialists or larger firms if needed, but the prime contractor remains fully liable. Consortium bids are not explicitly mentioned but would likely fall under the sub-contracting provisions.
• Indicative Bid-Prep Effort: Given the complexity implied by the contract structure and insurance requirements, bid preparation could require 10-20 days of effort for a dedicated team, including proposal writing, pricing, and compliance checks.
• Pwin Signal: The absence of specific award criteria or scoring details makes it difficult to assess the Pwin signal definitively. However, the clear emphasis on Fáilte Ireland's standard terms and conditions and the "no negotiation" stance suggest that adherence to these terms and a strong alignment with the implied scope of services will be critical. The high insurance levels may act as a barrier for very small or newly established firms.

11. Where to dig deeper

• Source RFT Filename(s): [Appendix 1 - Independent Data Processors Supply of Services Contract.pdf]
• eTenders CFT ID: Not specified in the provided text.
• Contact Email: [email protected]
• Most Important Attachments:
• Fáilte Ireland’s Supply of Services Contract – V1 (Schedule A, B, C, D)
• The ITT document (referenced as Schedule E)
• The Contractor's Submission (referenced as Schedule F)