CFT for the provision of Consultancy 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 consultancy services for Taighde Éireann – Research Ireland. The total value of the contract over its maximum potential duration is approximately €1,000,000 excluding VAT. The contract will involve the provision of services as described in Appendix 1 of the Request for Tender (RFT). The specific nature, quality, time of delivery, key personnel, and functional specifications of these services will be detailed in Schedule B of the draft Services Contract.

The contractor will be required to:

• Provide services in accordance with the Specification, the Central Framework Tender (CFT), the Client’s directions, and the terms of the Agreement.
• Comply with and implement any policies, guidelines, and/or project governance protocols issued by the Client.
• Comply with all local security and health and safety arrangements as notified by the Client.
• Provide services in accordance with good industry practice.
• Comply with all applicable laws, including environmental, social, and labour law obligations established by EU law, national law, collective agreements, and international conventions listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016.
• Act as the prime contractor, assuming full responsibility for all obligations under the agreement and for its subcontractors.
• Ensure that all personnel assigned to deliver the services are those identified in the submission or are of equivalent qualifications, skills, and expertise approved by the Client.
• Ensure Key Personnel are available for the term of the agreement.
• Notify the Client of any changes to the name, contact details, and legal representative of subcontractors.
• Indemnify the Client against any claims arising from the contractor's negligence, acts, omissions, or breaches.
• Deliver all materials prepared up to the date of termination to the Client.
• Hold confidential all information received and not disclose it to third parties except as permitted.
• Comply with reasonable directions of the Client regarding the use of confidential information.
• Submit full personal details of personnel assigned to provide services for security checks if requested by the Client.
• Liaise with the Client’s Contact regularly to address issues impacting performance and agree on milestones, compliance schedules, and operational protocols.
• Maintain records and comply with reporting arrangements and protocols as required by the Client.
• Allow the Client or its authorised representative to inspect the Contractor’s premises, lands, and facilities relating solely to the agreement.

3. Background & buyer context

Taighde Éireann – Research Ireland is procuring consultancy services through this Central Framework Tender (CFT). The procurement is intended to secure expert advice and support for the organisation's operations and strategic objectives. The estimated value of the contract is €1,000,000 excluding VAT over its maximum potential duration. The tender documents incorporate by reference the Request for Tender (RFT), any clarifications issued via the eTenders messaging facility, the contractor's submission, and any written clarifications provided by the contractor. The agreement will be governed by Irish law.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered:

• Turnover requirement: Tenderers must demonstrate an average annual turnover of not less than €1,000,000 (excluding VAT) in each of the last three financial years. If the company was established more recently, this applies for the years it has been established. Failure to demonstrate this will result in disqualification.
• Insurance: The contractor must hold the following insurances for the Term of the Service Contract:
• Employer’s Liability: €10.0 million limit for any one claim or series of claims.
• Public Liability: €5 million limit for any one claim or series of claims.
• Professional Indemnity: €0.5 million for any one claim or series of claims.
• Cyber Liability: €1.0 million for any one claim or series of claims.
• Certifications: Not specified for this tender.
• Past experience: Not specified for this tender.
• Personnel: Not specified for this tender, but the contractor must ensure Key Personnel have equivalent qualifications, skills, and expertise.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

The award criteria and scoring mechanism are not detailed in the provided extract. However, the tender process will follow the standard procurement regulations, which typically involve evaluating bids based on a combination of price and quality. The contract will be awarded to the most economically advantageous tender.

6. Submission requirements

Bidders are required to submit the following:

• Tender Response Document: This will include the contractor's response to the RFT.
• Pricing Schedule: Details of the charges for the services.
• Declarations:
• Declaration in the Tender Response Document or eESPD confirming satisfaction of minimum annual turnover thresholds.
• Declaration as to Personal Circumstances of Tenderer, confirming none of the exclusion grounds listed in Regulation 57 of the Regulations apply.
• Tax Clearance Access Number and Tax Reference Number for online verification of tax status.
• Supporting Documentation: To be provided upon request to verify turnover.
• Key Personnel Details: As identified in the submission.
• Subcontractor Details: If applicable, including name, contact details, and legal representative.
• Insurance Certificates: Proof of current premiums paid and valid certificates of insurance upon request.

The submission must be made via the eTenders portal.

7. Key dates & process

8. Contract terms that matter

• Term: The agreement has an "Effective Date" and expires on a specified date unless terminated or extended. The Client reserves the right to extend the Term for a period or periods of up to a specified number of months, with a maximum number of such extensions permitted, subject to legal obligations.
• Payment terms: Charges are payable subject to contractor compliance with the agreement, submission of valid invoices within ten working days of the end of each preceding month with supporting documentation, and the Client being in possession of the Contractor’s current Tax Clearance Certificate. The European Communities (Late Payment in Commercial Transactions) Regulations, 2012 apply. Invoices will be returned for correction if incorrect, affecting the due date.
• Key SLAs/KPIs: Service levels and performance indicators are set out in Schedule D. Time of delivery is of the essence.
• Liquidated damages or penalty regimes: A "Retention Amount" of 10% may be withheld from payments if the Client is dissatisfied with performance, not exceeding 30% of the Charges at any given time. Payment of the Retention Amount is made upon remedy of the identified services or resolution of queries.
• Termination clauses: The Client can terminate with 1 month's written notice. Either party can terminate immediately for serious breach (if not remedied within 30 days), insolvency, bankruptcy, or similar events. The Client can also terminate if aware of exclusion grounds under Regulation 57 or an unresolvable conflict of interest. Force Majeure events continuing for 50 days allow termination with 14 days' notice.
• IP ownership: All Intellectual Property Rights (IPR) in reports, data, manuals, and other materials produced for the agreement vest in the Client. The Contractor assigns all IPR to the Client. The Client grants the contractor a royalty-free, non-exclusive license to use the Client’s Pre-existing IPR for the Term.
• Sub-contracting rules: The Contractor is the prime contractor and assumes full responsibility for subcontractors. The Client can require the Contractor to replace a subcontractor if exclusion grounds apply. Sub-contracts must include a right for the Contractor to terminate if exclusion grounds apply to the subcontractor.
• Parent-company guarantee or bond requirements: Not specified for this tender.

9. Risks, red flags & unusuals

• Estimated value vs. Turnover requirement: The estimated contract value is €1,000,000, while the turnover requirement is €1,000,000 annually for three years. This means a bidder's annual turnover must equal the entire contract value, which could be a significant hurdle for smaller, specialised consultancies.
• Insurance levels: The required insurance levels, particularly Professional Indemnity at €0.5 million for a €1 million contract, are standard but should be verified against the specific nature of the consultancy services.
• Contractual priority: The draft Services Contract specifies a strict order of priority in case of conflict: the Agreement and Schedules, the CFT, and then the Submission. This means the contractor's original bid, if not perfectly aligned with the CFT and contract, could be superseded.
• Termination for convenience: The Client has a broad right to terminate with 1 month's notice without liability for compensation or damages, which represents a risk for the contractor regarding investment in mobilisation and resources.
• IP Assignment: The automatic assignment of all IPR in "the Materials" to the Client is a significant point. Contractors must ensure their standard methodologies or pre-existing IPR are clearly delineated and licensed appropriately.

10. SME fit assessment

This tender is likely suitable for established consultancy firms with a proven track record in providing services to public sector bodies or research organisations.

• Who can credibly bid: A firm with an annual turnover of at least €1,000,000 and the capacity to hold the specified insurance levels (€10m EL, €5m PL, €0.5m PI, €1m Cyber) is required. Experience in managing public sector contracts and a clear understanding of Irish procurement regulations would be advantageous.
• Consortium or sub-contracting: The tender documents do not explicitly prohibit consortia or sub-contracting, but the Contractor is designated as the "prime Contractor" with full responsibility. Sub-contractors must comply with exclusion grounds and the contractor must manage them effectively.
• Indicative bid-prep effort: Given the turnover requirement and the need to align with the draft contract, bid preparation could require 10-20 days of effort for a dedicated team, including legal review of the contract terms.
• Pwin signal: The €1,000,000 estimated value and the specific insurance requirements suggest a competitive tender. The absence of explicit past experience criteria might indicate openness to new entrants, but the turnover threshold filters out very small businesses. The incumbent, if any, is not named.

11. Where to dig deeper

• Source RFT filename(s): Not specified in the provided text.
• eTenders CFT ID: Not specified in the provided text.
• Contact email or clarification portal: Via the messaging facility on www.etenders.gov.ie.
• Most important attachments:
• Appendix 6: Services Contract Template