External Legal Advisory services for SRESS-2

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1. At a glance

2. Scope of Work

The Department of Climate, Energy and the Environment (DCEE) requires external legal advisory services to support the development of the Small Scale Renewable Electricity Support Scheme - 2 (SRESS-2). This procurement is conducted under an open procedure. The contract is anticipated to run until the end of 2026, with an option for a single extension of up to one year. The estimated value for the services over the term and any extension is €60,000, excluding VAT.

The core activities for the successful tenderer will involve providing expert legal advice to the DCEE. While specific day-to-day tasks are not detailed, the scope implies the need for legal interpretation, drafting, and guidance related to the establishment and operation of the SRESS-2 scheme. This would typically include:

• Scheme Design and Development: Providing legal input on the structure, eligibility criteria, and operational framework of SRESS-2.
• Regulatory Compliance: Advising on compliance with relevant EU and national legislation pertaining to renewable energy, state aid, and public procurement.
• Contractual Advice: Assisting with the drafting and review of any contractual documentation associated with the scheme, including agreements with participants or service providers.
• Policy Interpretation: Offering legal interpretation of policy documents and government decisions related to renewable energy support.
• Risk Assessment: Identifying and advising on potential legal risks associated with the scheme's implementation and operation.
• Stakeholder Engagement: Providing legal support for engagement with stakeholders, if required.
• Dispute Resolution: Advising on potential legal disputes or challenges that may arise.

The services are to be delivered to the Department of Climate, Energy and the Environment. The estimated value of €60,000 suggests a focused, project-based engagement rather than a continuous, high-volume legal support function. The specific nature of SRESS-2, a scheme for small-scale renewable electricity, indicates a need for expertise in energy law, environmental law, and potentially administrative law.

3. Background & buyer context

This procurement is driven by the Department of Climate, Energy and the Environment's (DCEE) initiative to develop the Small Scale Renewable Electricity Support Scheme - 2 (SRESS-2). The scheme aims to support the deployment of small-scale renewable electricity generation. The DCEE is the contracting authority for this competition. The procurement is being conducted under an open procedure, adhering to the European Union (Award of Public Authority Contracts) Regulations 2016. The estimated contract value of €60,000 suggests a focused legal advisory role rather than a broad legal services framework. The policy context is the government's commitment to increasing renewable energy generation and supporting SMEs in this sector, as indicated by the encouragement for SME participation.

4. Eligibility & selection criteria

Tenderers must meet the following minimum requirements to be considered for evaluation:

• Turnover requirement: Not specified for this tender.
• Insurance:
• Employer's Liability: €12.7m for any one claim or series of claims arising out of a single occurrence. (Note: Not required if self-employed).
• Public Liability: €6.5m limit for any one claim or series of claims arising out of a single occurrence.
• Product Liability: Not specified for this tender.
• Professional Indemnity: €1m limit in the aggregate per insurance year.
• 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.

Tenderers must also declare, via the electronic Single Procurement Document (eESPD), that no mandatory grounds for exclusion apply, or if they do, that sufficient measures demonstrate their reliability. They must also satisfy the selection criteria outlined in Part 3.2 of the RFT.

5. Award criteria & scoring

Criterion Weight (%) Sub-criteria