Integrated Board Governance and Risk Management Software Solution

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 Commission for Regulation of Utilities (CRU) requires an integrated board governance and risk management software solution. This is a Software-as-a-Service (SaaS) offering. The solution is expected to support approximately 100 users overall. This comprises approximately 40 users of the board governance functionality and approximately 60 users of the risk management functionality.

The contractor will provide the Application and all associated services, functions, deliverables, and obligations related to the Application. This includes:

• Provision of the Application: Delivering a SaaS application for board governance and risk management.
• User Support: Enabling access and use by approximately 100 Authorised Users, including CRU employees, agents, independent contractors, consultants, representatives, external stakeholders, and members of the public.
• Functionality:
• Board Governance: To be used by approximately 40 users, comprising members of the Commission.
• Risk Management: To be used by approximately 60 users, including members of the Senior Leadership Team.
• Documentation: Making available user instructions and descriptions of the Application.
• Service Levels: Performing services to meet or exceed agreed Service Levels, with monthly reporting on performance.
• Maintenance: Performing planned maintenance, with mutual agreement on dates and times to minimise disruption.
• Incident Management: Investigating and rectifying Performance Failures, deploying resources, and reporting on remedial actions.
• Reporting: Providing monthly reports on performance against Service Levels, including details of any Performance Failures and Service Credits.
• Acceptance Testing: Performing pre-delivery tests on Deliverables to demonstrate compliance with Acceptance Criteria, and assisting the CRU with its re-testing.
• Cooperation: Cooperating with Third Parties designated by the CRU, including providing access to facilities, exchanging information, and resolving conflicts.
• Change Management: Responding to CRU requests for Changes in Services with technical and financial proposals, detailing impact on Fees and Services.
• Compliance: Complying with all Applicable Laws, including data protection and privacy legislation, and ensuring the Application is inclusive by design, meeting WCAG 2.2 Level AA and EN 301 549 standards.
• Business Continuity: Maintaining appropriate business continuity and disaster recovery plans.

The contract includes a maximum term of 72 months, comprising an initial 24-month term with two further 24-month extension options.

3. Background & buyer context

This procurement is for the Commission for Regulation of Utilities (CRU). The CRU is an independent, statutory body with a remit to regulate the energy and water sectors in Ireland. The need for an integrated board governance and risk management software solution is driven by the CRU's operational requirements. The tender documents do not explicitly state a specific programme or policy driving this procurement, but it aligns with general public sector requirements for efficient and effective governance and risk management. There is no mention of an incumbent supplier in the provided documentation. The strategic driver is to enhance the CRU's internal operational efficiency and compliance through a modern software solution.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered:

• Turnover requirement:
• Average annual turnover equalled or exceeded €210,000 (excl. VAT) for the provision of services.
• Alternatively, average annual turnover equalled or exceeded €250,000 (excl. VAT) for the provision of services.
• Insurance:
• Employer's Liability: €12.7 million (or €13m) in aggregate per year.
• Public Liability: €6.5 million in aggregate per year.
• Product Liability: €5 million (or €6.5m) in aggregate per year.
• Cyber Insurance: €1 million in aggregate per year.
• Professional Indemnity: €0.5 million (TBC in some extracts, but €0.5m is the lowest stated binding figure).
• 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.

5. Award criteria & scoring

The award criteria are not explicitly detailed with scoring weights in the provided contract documents. However, the tender process implies a standard evaluation of quality and price. The contract documents focus on the terms of the agreement post-award. It is assumed that the award will be based on the Most Economically Advantageous Tender (MEAT), which typically involves a balance of technical merit and cost. Specific scoring thresholds or minimum pass marks for individual criteria are not stated in the provided text.

6. Submission requirements

The provided documentation does not detail the specific submission requirements for the tender response itself. It focuses on the contractual terms once a supplier is selected. However, based on standard public procurement practices, bidders would typically be required to submit:

• A comprehensive response detailing their proposed solution, methodology, and technical capabilities.
• Pricing schedules in the format specified by the buyer.
• Details of key personnel, including CVs, demonstrating relevant experience.
• Case studies or evidence of past performance on similar projects.
• Mandatory declarations, including:
• European Single Procurement Document (ESPD) or equivalent.
• Bona Fide declarations.
• Tax clearance certificates or access numbers.
• Declarations regarding conflicts of interest.
• Confirmation of insurance coverage meeting the specified minimums.
• Details of company structure, registration, and financial standing.

The submission portal is expected to be eTenders.gov.ie. Specific templates, page limits, and format rules would be detailed in the full Request for Tender (RFT) document.

7. Key dates & process

8. Contract terms that matter

• Term: Initial term of 24 months, with two optional 24-month extensions, resulting in a maximum contract duration of 72 months.
• Payment: Fees are payable in accordance with Annex 1. Invoices are payable within 30 days of issuance, subject to compliance with the agreement, submission of valid invoices, and possession of a valid Tax Clearance Certificate. Payment is subject to CRU's rights under the agreement.
• Service Levels (SLAs): Supplier must meet or exceed Service Levels, with monthly reporting. Performance Failures trigger investigation, remedial action, and potential Service Credits as per Annex 1. Service Credits are not an exclusive remedy.
• Liquidated Damages: Not explicitly detailed as liquidated damages, but Service Credits are payable for Performance Failures.
• Termination: The CRU may terminate without penalty if Applicable Laws make the Services unlawful. Termination rights also exist for Insolvency Events and material breaches not remedied within 21 days.
• IP Ownership: The Supplier grants the CRU a non-exclusive, non-transferable right and licence to permit Authorised Users to use the Application during the Term.
• Sub-contracting: Subcontractors may be used, but the Supplier remains responsible for all obligations.
• Parent Company Guarantee/Bond: Not specified for this tender.

9. Risks, red flags & unusuals

• Turnover Requirement: The turnover requirement of €210,000 or €250,000 is relatively low for a potential 72-month contract, which might suggest a desire to encourage smaller or newer entrants, or it could be a legacy figure from a previous procurement.
• Tender Deadline: The submission deadline is over two years from the current date (assuming current date is late 2023/early 2024). This is an unusually long lead time for a software procurement and may indicate a placeholder date or a very long planning horizon.
• Lack of Detail on Award Criteria: The absence of specific award criteria and scoring weights in the provided contract documents means bidders must rely on standard procurement practices and infer the buyer's priorities for quality versus price.
• "TBC" Insurance: The Professional Indemnity insurance limit is stated as "[TBC]" in one extract, but €0.5 million is also stated as a binding requirement. Bidders should clarify this specific insurance requirement.
• Supplier Terms Precedence: The contract structure allows for "Supplier Terms" to apply, subject to CRU Terms. The order of precedence places CRU Terms above Supplier Terms in case of conflict, which is standard but requires careful review of any proposed Supplier Terms.

10. SME fit assessment

This tender appears potentially accessible to Small and Medium-sized Enterprises (SMEs) due to the moderate estimated value and the relatively low turnover requirement (€210,000-€250,000 average annual turnover). The core requirement is for an integrated board governance and risk management software solution, suggesting a need for specialised software development or integration capabilities.

• Viable Bidder Profile: A credible bidder would be a software vendor with a proven SaaS platform for governance and risk management. They would need to demonstrate experience in integrating with public sector systems (though not explicitly required here) and a strong understanding of compliance and security standards. The insurance requirements are standard for this type of service.
• Consortium/Sub-contracting: The contract documents mention "Subcontractor" and "Supplier Personnel" which implies that subcontracting is permitted. Bidders could form consortia or use specialist subcontractors to meet requirements.
• Indicative Bid-Prep Effort: Given the need to detail a software solution, service levels, and potentially adapt to CRU-specific processes, bid preparation could range from 15 to 30 working days for a focused SME, depending on the maturity of their existing proposal materials.
• Pwin Signal: The long lead time to the deadline and the moderate value suggest a standard competitive process. There is no clear indication of an incumbent or a sole-supplier framework. The relatively low turnover requirement may encourage SME participation.

11. Where to dig deeper

• Source RFT Filename(s): [011-03-641 Appendix 4 CRU Contract.docx]
• eTenders CFT ID: Not specified in provided documents.
• Contact / Clarification Portal: www.etenders.gov.ie (messaging facility)
• Most Important Attachments:
• [011-03-641 Appendix 4 CRU Contract.docx] (CRU Contract Terms)
• Annex 1 (Service Levels and Fees - not provided)
• RFT Document (not provided)