Multi-Party Framework for the provision of Barrister Services to the SFPA

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

The Sea-Fisheries Protection Authority (SFPA) seeks to establish a multi-party framework for barrister services. This framework will facilitate the provision of legal representation and advice in various legal matters related to the SFPA's functions. The contract is expected to cover a range of legal services, including but not limited to:

• Legal Representation: Providing representation in court for cases involving fisheries law, regulatory compliance, and enforcement actions.
• Legal Advice: Offering expert legal opinions on matters related to fisheries legislation, EU regulations, and national laws.
• Drafting Legal Documents: Preparing legal documents such as pleadings, motions, and other necessary filings.
• Consultation Services: Engaging in consultations with SFPA staff to ensure compliance with legal standards and best practices.
• Training and Workshops: Conducting training sessions for SFPA personnel on relevant legal issues and updates in fisheries law.

The SFPA intends to contract a minimum of three providers of services to each of the lots detailed in the tender documents but reserves the right to contract any number of providers in each lot where it is deemed operationally efficient to do so.

3. Background & buyer context

The procurement of barrister services is aligned with the SFPA's ongoing commitment to uphold and enforce fisheries laws effectively. This initiative is part of a broader strategy to enhance legal compliance and operational efficiency within the authority. The SFPA has historically engaged external legal counsel for specific cases, and the establishment of a framework aims to streamline these processes. The current tender reflects the SFPA's strategic drivers to ensure robust legal support in its regulatory functions.

4. Eligibility & selection criteria

Bidders must meet the following eligibility and selection criteria:

• Turnover requirement: Minimum average annual turnover of €100,000 in legal services over the last three years.
• Insurance:
• Employer’s Liability: €2.6 million limit for any one claim.
• Public Liability: €2.6 million limit for any one claim.
• Professional Indemnity: €6.5 million limit for any one claim.
• Certifications: Not specified for this tender.
• Past experience: Minimum of 3 comparable projects in the last 5 years, each valued at €50,000 or more.
• Personnel: At least one barrister with a minimum of 5 years' experience in fisheries law.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

Bids will be evaluated based on the following criteria:

There is no minimum scoring threshold specified for individual criteria or overall.

6. Submission requirements

Bidders must submit the following documents:

• Method statement / response document: A detailed response using the provided template, with a maximum of 10 pages.
• CVs: CVs for key personnel, limited to 2 pages each.
• Pricing schedule: A completed pricing schedule using the specified template.
• Case studies: At least 2 case studies demonstrating relevant experience, each valued at €50,000 or more.
• Declarations: Including ESPD, Bona Fides, Tax clearance, and Conflict of Interest declarations.
• Mandatory site visit: Not applicable.
• Submission portal: All submissions must be made through eTenders, adhering to specified format rules.

7. Key dates & process

8. Contract terms that matter

The contract will have a term of 36 months, with the possibility of one 12-month extension. Payment terms will be based on the submission of valid invoices, which must be accompanied by supporting documentation. Key performance indicators (KPIs) will include response times for legal inquiries and the quality of legal representation. Liquidated damages may apply for failure to meet specified service levels. The SFPA reserves the right to terminate the contract with 14 days' notice for any serious breach or insolvency of the contractor.

9. Risks, red flags & unusuals

Potential risks and concerns include:

• The turnover requirement of €100,000 may limit participation from smaller firms, potentially favouring larger incumbents.
• The lack of specified geographic constraints may open the bidding to a wider range of firms, but could also lead to challenges in service delivery.
• The absence of minimum scoring thresholds may create uncertainty in the evaluation process, potentially disadvantaging bidders with strong proposals but lower pricing.

10. SME fit assessment

This tender is open to small and medium-sized enterprises (SMEs) with experience in legal services, particularly in fisheries law. Viable bidders should have the necessary insurance coverage and meet the turnover requirement. Consortium bidding is permitted, allowing smaller firms to collaborate. Preparation for the bid may require approximately 10-15 days of effort, including document preparation and case study compilation. The presence of established firms in the sector may indicate a competitive landscape, but the SFPA's intent to engage multiple providers could create opportunities for SMEs.

11. Where to dig deeper

• Source RFT filename: Service Contract - Template for RFT.pdf
• eTenders CFT ID: not specified
• Contact email: not specified
• Important attachments: Appendix B2 — Suitability Assessment, Mandatory Requirements Schedule.