Establishment of a Multi-Party Framework Agreement for Fitness to Practise Legal Services

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

1. At a glance

Buyer Title CPV / category Estimated value Per-year Procedure type Lots Location Contract length Submission deadline Go-live / start | :---------------------------------------- | :----------------------------------------------------------------- | :------------- | :-------------- | :------- | :------------- | :--- | :------- | :-------------- | :------------------ | :-------------- | Bord Altranais agus Cnáimhseachais na hÉireann (Nursing and Midwifery Board of Ireland) Establishment of a Multi-Party Framework Agreement for Fitness to Practise Legal Services 79100000-9 (Legal services) €18,000,000 €3,000,000 Open Procedure Not specified Ireland 2 years (extendable to 4) 2026-10-30 12:00 Not stated

2. Scope of Work

This tender seeks to establish a multi-party framework agreement for the provision of fitness to practise legal services to the Nursing and Midwifery Board of Ireland (NMBI). The framework will cover legal services related to the NMBI's statutory functions concerning the regulation of nurses and midwives. The estimated total value of the framework agreement is €18 million over its potential four-year term, with an estimated annual spend of €3 million.

The scope of services includes, but is not limited to, the following activities:

• Legal Advice and Representation: Providing legal advice and representation in relation to fitness to practise proceedings concerning registered nurses and midwives. This includes advising on investigations, hearings, appeals, and any related legal matters.
• Case Management: Managing cases from referral to conclusion, adhering to strict timelines for opening and closing inquiries.
• Straightforward cases: Defined by up to 5 witnesses, up to 200 pages of documentation, limited factual background, few disputed issues, and minimal stakeholder engagement. These cases are expected to be completed within 3 weeks of inquiry referral.
• Complex cases: Defined by more than 5 witnesses, more than 200 pages of documentation, multiple or complex factual issues, significant legal/regulatory/clinical/technical considerations, extensive stakeholder engagement, and matters involving heightened public interest or reputational sensitivity. These cases are expected to be completed within 5 weeks of inquiry referral.
• Hearings: Conducting or participating in hearings before the NMBI's Fitness to Practise Committee or other relevant tribunals. Hearings are generally expected to last 1-2 days.
• Drafting Legal Documents: Preparing legal documents, reports, and specifications as required for fitness to practise proceedings.
• Advising on Legislation and Regulation: Providing advice on relevant legislation, including the Nurses and Midwives Act 2011, and other regulatory requirements.
• Undertakings and Settlements: Advising on and facilitating the acceptance of undertakings from registrants and managing settlement agreements.
• Data Protection Compliance: Ensuring all processing of personal data complies with Data Protection Laws, including GDPR.
• Confidentiality: Maintaining strict confidentiality regarding all communications and information related to the NMBI's business.

The NMBI will drawdown services through several mechanisms:

• Direct Award: The NMBI may issue a Letter of Instruction directly to a Framework Member.
• Rotation Drawdowns: Services may be awarded to Framework Members based on a rotational system.
• Mini-Tender: The NMBI may issue a Supplementary Request for Tender (SRFT) to all Framework Members for specific services, with evaluation based on a qualitative/cost assessment.

Framework Members are appointed to the framework and are not guaranteed any specific volume of work. The NMBI reserves the right to manage cases in-house or appoint a different Framework Member.

3. Background & buyer context

The Nursing and Midwifery Board of Ireland (NMBI) is procuring these legal services to ensure the effective and efficient handling of its statutory fitness to practise functions. This procurement is driven by the need to maintain robust regulatory processes for nurses and midwives in Ireland. The legal services are essential for upholding public safety and professional standards within the nursing and midwifery professions. The establishment of a multi-party framework agreement aims to provide the NMBI with a pool of qualified legal service providers, ensuring flexibility and responsiveness in managing its caseload. The procurement follows standard EU public procurement procedures, as indicated by the reference to OJEU Notice.

4. Eligibility & selection criteria

To be considered for this framework agreement, bidders must meet the following minimum requirements:

• Turnover requirement: Bidders must demonstrate that their turnover exceeded €3,000,000 per annum in each of the last three financial years.
• Insurance: Bidders must hold the following insurances in place for the term of the Framework Agreement:
• Employer’s Liability: €13,000,000
• Public Liability: €6,500,000
• Product Liability: €6,500,000
• Professional Indemnity: €1,500,000 for each and every claim (excluding defence costs), or such other minimum amount as the Law Society/Legal Services Regulatory Authority may require, or the value of the contract if greater than €1.5 million.
• Cyber Insurance: €2,000,000
• Certifications: Not specified for this tender.
• Past experience: Tenderers must demonstrate experience necessary to supply the Services set out in the ITT, Appendix 1. This experience must relate to services delivered within the 36 months prior to the deadline for submission.
• Personnel: Bidders must demonstrate access to at least the minimum numbers of skilled personnel stated in the tender documents. Personnel must be registered on the Roll of Solicitors in the Republic of Ireland or be a barrister meeting minimum requirements and directly employed by the legal firm.
• Geographic / facility constraints: Services are to be provided within Ireland, subject to Irish law.

5. Award criteria & scoring

The award of contracts under this framework will be based on a qualitative/cost assessment. For the initial framework competition, tenderers will be ranked based on their overall scores. The highest scoring tenderer will be the First Ranked Framework Member, and so on.

The specific award criteria and scoring methodology for the initial framework competition are not detailed in the provided extract. However, for Supplementary Requests for Tender (SRFTs) issued during the framework, the evaluation will be based on a qualitative/cost assessment. The qualitative assessment score for an SRFT will be the Framework Member's qualitative score from the original competition. The NMBI may use a different qualitative/cost ratio for SRFTs, in which case the Framework Member's qualitative score will be pro-rated from the original competition.

The tender documents state that the lowest cost tender that also meets all minimum requirements of the qualitative award criteria will receive the maximum score for that criterion.

6. Submission requirements

Bidders are required to submit the following as part of their tender response:

• Tender Response: A comprehensive response to the Invitation to Tender (ITT), including any clarifications issued.
• Pricing Schedule: As per Appendix 2 Pricing Schedule (excel workbook).
• Declarations:
• European Single Procurement Document (ESPD).
• Bona Fides declarations.
• Tax clearance confirmation (Tax Clearance Access Number and Tax Reference Number).
• Conflict of Interest declarations.
• Insurance Confirmation: Evidence of insurances as specified in the tender documents.
• Personnel Information: Details of nominated contact personnel and evidence of required qualifications and experience.
• Past Experience: Documentation demonstrating relevant experience within the last 36 months.
• Framework Agreement Execution: The Framework Member must execute the Framework Agreement provided.

Specific formats, page limits, and templates for these submissions are detailed within the full tender documentation.

7. Key dates & process

8. Contract terms that matter

• Contract Length: The Framework Agreement Term is two (2) years, with an option to extend by further periods of 12 months, for a maximum of four (4) years.
• Payment Terms: Not explicitly detailed in the provided extract, but fees for work drawn down are subject to limitations imposed at Schedule 3 and Clause 7 of the Framework Agreement.
• Key SLAs/KPIs:
• Straightforward cases: Completion within 3 weeks of inquiry referral.
• Complex cases: Completion within 5 weeks of inquiry referral.
• Timely opening of a complaint at inquiry within 18 months of referral.
• Timely closing of an inquiry within 6 months of commencement.
• Failure to meet these KPIs can result in warnings or termination.
• Liquidated Damages: Not explicitly detailed, but material breaches can lead to termination.
• Termination: Either party may terminate the agreement with one (1) month's written notice. The NMBI can terminate immediately without liability for compensation or damages upon specific events (e.g., breach of contract, insolvency).
• IP Ownership: Not explicitly detailed.
• Sub-contracting: Not explicitly detailed, but sub-contractors must comply with tax clearance requirements.
• Parent Company Guarantee/Bond: Not specified for this tender.

9. Risks, red flags & unusuals

• No Guaranteed Work: The framework agreement does not guarantee any minimum level or value of services. Framework Members are appointed but may not receive any work.
• NMBI Discretion: The NMBI retains significant discretion in awarding contracts, including the choice of drawdown mechanism, the decision to award any contracts, and the ability to manage cases in-house or appoint different Framework Members.
• Mini-Tender Re-evaluation: While initial qualitative scores from the framework competition are used for SRFTs, the NMBI may use a different qualitative/cost ratio for mini-tenders, potentially altering the competitive landscape.
• Fixed Fees: For straightforward and complex cases, fixed fees apply, with NMBI having the final determination on complexity classification.
• Limited Contract Term: The initial two-year term, even with extensions, is relatively short for establishing long-term legal partnerships.

10. SME fit assessment

This tender is structured as a multi-party framework agreement, suggesting it is open to a range of legal firms.

• Who can credibly bid: Law firms with established expertise in professional regulation, disciplinary proceedings, and administrative law in Ireland are best positioned. This includes firms with solicitors and barristers registered with the Law Society of Ireland or the Bar of Ireland, respectively. The turnover requirement of €3 million per annum suggests that very small, newly established firms may find it challenging to meet this criterion. However, established sole practitioners or small partnerships with a strong track record in this specific legal area could potentially bid if they meet the turnover and insurance requirements.
• Consortium/Sub-contracting: The documents do not explicitly prohibit consortia or sub-contracting, but the emphasis on direct employment of solicitors/barristers and the requirement for the Framework Member to execute the agreement suggests a primary responsibility lies with the bidding entity. Sub-contractors must meet tax clearance requirements.
• Indicative bid-prep effort: Preparing a compliant bid for a framework agreement of this nature, including detailed insurance, personnel, and experience documentation, would likely require significant effort. A reasonable estimate for a firm with existing templates and processes would be 5-10 days of dedicated work from senior legal and administrative staff.
• Pwin signal: The tender is for a multi-party framework, indicating it is not a sole-supplier situation. The NMBI's ability to use different drawdown mechanisms (direct award, rotation, mini-tender) and its discretion in awarding work suggest a competitive environment. The ranking of tenderers implies that higher-scoring bids will have a greater chance of receiving work. There is no clear indication of an incumbent being favoured, but firms with prior experience working with regulatory bodies in Ireland would likely have an advantage in demonstrating relevant experience.

11. Where to dig deeper

• Source RFT Filename(s): [Final Appendix 4 Framework.docx]
• eTenders CFT ID: Not surfaced in the provided text.
• Contact / Clarification Portal: Not surfaced in the provided text.
• Most Important Attachments:
• Framework Agreement (Final Appendix 4 Framework.docx)
• Appendix 1A - Scope of Services (referenced)
• Appendix 2 - Pricing Schedule (referenced)