USA Tax and Transatlantic Policy Advisory 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 procurement seeks advisory services related to USA tax and transatlantic policy. The contract is for a duration of two years. The specific scope of services is detailed in Schedule B of the Terms and Conditions document, which is incorporated by reference into the agreement. While the exact day-to-day activities are not itemised in the provided metadata, the title suggests a focus on expert guidance concerning the tax landscape in the United States and broader policy matters impacting transatlantic relations.

The services will be provided in accordance with the Request for Tenders (RFT), the Supplier's accepted Response, and IDA Ireland's directions. The Supplier is required to act with due care, skill, and diligence. Key obligations include:

• Providing services as detailed in the RFT and the accepted Response.
• Complying with IDA Ireland's policies and guidelines.
• Adhering to local security arrangements.
• Operating in accordance with good industry practice and all applicable laws, including environmental, social, and labour law as established by EU and national legislation, and international law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016.
• Assuming full responsibility as the prime contractor, including liability for any subcontractors.
• Ensuring all personnel engaged for the services have the necessary employment, remuneration, tax, immigration, and work permits.
• Providing services in a manner that allows IDA Ireland to benefit from them for its business purposes.

The Supplier will be responsible for ensuring that any key personnel assigned to the contract are available for the entire Term. If key personnel become unable to provide services, the Supplier must notify IDA Ireland and replace them with personnel of equivalent experience and expertise. IDA Ireland retains the discretion to approve any proposed replacement personnel.

3. Background & buyer context

IDA Ireland, the buyer, is an agency responsible for attracting foreign direct investment into Ireland. This procurement for USA Tax and Transatlantic Policy Advisory Services is likely driven by the need for expert counsel to navigate complex international tax regulations and policy environments that affect foreign investment and Ireland's economic relationships. The services are intended to support IDA Ireland's strategic objectives in promoting Ireland as a location for international business. The contract is for a two-year term, suggesting a need for ongoing, specialised advice. The specific policy or programme this fits into is not explicitly stated in the provided documents, but it aligns with IDA Ireland's core mission.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered:

• Turnover requirement: Not specified for this tender.
• Insurance:
• Employers Liability: €13,000,000 or foreign equivalent per claim or series of claims.
• Public Liability: €6,500,000 or foreign equivalent per claim or series of claims.
• Professional Indemnity: €6,500,000 or foreign equivalent on an 'each and every claim' basis and in annual aggregate.
• Cyber Insurance: €5,000,000 or foreign equivalent on an 'each and every claim' basis. Bidders must confirm they currently hold these insurances or undertake to obtain them if successful.
• 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.

Bidders are required to confirm their compliance with these minimum requirements. Evidence substantiating these confirmations must be provided within 7 days of request by IDA Ireland.

5. Award criteria & scoring

The award criteria and scoring mechanism are not detailed in the provided documents. Typically, public sector tenders in Ireland follow a Most Economically Advantageous Tender (MEAT) approach, which balances price and quality. The specific weighting between price and quality, and any sub-criteria or minimum scoring thresholds, would be detailed in the full Request for Tenders (RFT) document.

6. Submission requirements

The specific submission requirements are not fully detailed in the provided extracts. However, based on standard procurement practices and the documents available, bidders will likely need to provide:

• A comprehensive response document detailing how they will meet the RFT requirements.
• Confirmation of compliance with eligibility and selection criteria, including insurance levels.
• Pricing schedule.
• Declarations, including a "Declaration as to Personal Circumstances of Tenderer" confirming no exclusion grounds apply as per Article 57 of EU Directive 2014/24/EU.
• Details of any proposed subcontractors.
• CVs for key personnel, if specified in the full RFT.
• Any other documentation requested in the RFT to demonstrate capability and compliance.

Bidders must ensure all personal data provided in their submission is handled in accordance with the Data Protection Notice (Appendix 5).

7. Key dates & process

8. Contract terms that matter

• Term: The agreement has a duration of two (2) years from the Effective Date, with potential for lawful extension.
• Payment: Charges are detailed in Schedule C. Payment is subject to Supplier compliance with the agreement, submission of valid invoices with supporting documentation, and IDA Ireland's possession of a current Tax Clearance Certificate. Queries on invoices must be raised within 14 days. Prompt Payment legislation applies.
• Key SLAs/KPIs: Not specified in the provided extracts, but implied through the requirement for due care, skill, and diligence.
• Liquidated damages/penalties: A proportion charge of between 10% and 30% of the total contract value may apply in the event of non-observance of specific third-country subcontracting obligations under Regulation (EU) 2022/1031.
• Termination: IDA Ireland can terminate immediately without liability if the Supplier fails to comply with various conditions, including those related to exclusion grounds or confidentiality. Either party may terminate if a Force Majeure Event continues for 20 calendar days.
• IP ownership: All Intellectual Property Rights (IPR) in materials produced for the agreement vest in IDA Ireland. The Supplier assigns all IPR to IDA Ireland.
• Sub-contracting: The Supplier is the prime contractor and assumes full responsibility for subcontractors. Subcontracts must include provisions for termination if exclusion grounds apply to the subcontractor. Specific rules apply regarding subcontracting to entities originating in third countries subject to an IPI measure (Regulation (EU) 2022/1031).
• Parent-company guarantee/bond: Not specified for this tender.

9. Risks, red flags & unusuals

• Insurance Requirements: The specified insurance levels, particularly for Employers Liability (€13m) and Professional Indemnity (€6.5m), are substantial. Bidders must ensure they can meet or undertake to obtain these levels.
• Third Country Subcontracting Rules: The inclusion of specific obligations and potential penalties related to subcontracting with entities from third countries subject to an IPI measure (Regulation (EU) 2022/1031) indicates a potential focus on supply chain security and geopolitical considerations. This could limit the pool of eligible subcontractors or require careful management.
• Data Protection: The extensive Data Protection Notice (Appendix 5) highlights the importance IDA Ireland places on data privacy. Bidders must ensure their proposals and operations fully comply with GDPR and related Irish legislation.
• Confidentiality Obligations: Clause 7 of Schedule A imposes strict confidentiality requirements, including specific provisions related to the Industrial Development Act 1993, which could restrict the Supplier's ability to disclose information even after the contract ends.
• Contractual Priority: In case of conflict, the order of priority for contractual documents is: Agreement and Schedules, RFT, and then the Response. This means the RFT and the Supplier's Response hold significant weight.

10. SME fit assessment

This tender is likely best suited for established advisory firms with significant experience in international tax law and policy, particularly concerning the United States. The substantial insurance requirements (€13m Employers Liability, €6.5m Professional Indemnity) suggest a need for firms with a robust financial standing and operational scale.

• Who can credibly bid: Medium to large professional services firms, specialist tax consultancies, or law firms with dedicated US tax and international trade policy practices. Small firms may struggle to meet the insurance thresholds unless they can secure specific cover or operate as part of a consortium.
• Consortium/sub-contracting: Consortium bidding is not explicitly prohibited and may be a viable route for smaller firms to combine expertise. Subcontracting is permitted, but subject to strict conditions, particularly concerning third-country entities.
• Indicative bid-prep effort: Given the need to address complex tax and policy issues, and to satisfy potentially detailed submission requirements (not fully detailed here), bid preparation could require significant effort, potentially several weeks of dedicated work by experienced consultants and legal professionals.
• Pwin signal: The value of €650,000 over two years is moderate. The absence of specific details on award criteria and the potential complexity of the subject matter suggest that technical expertise and demonstrated experience will be critical. The specific insurance requirements are a key gate.

11. Where to dig deeper

• Source RFT filename(s): Not specified in provided metadata.
• eTenders CFT ID: Not specified in provided metadata.
• Contact email or clarification portal: [email protected] (for Data Protection Officer queries). General clarification process not specified.
• Most important attachments:
• Appendix 3 – IDA Ireland's Terms and Conditions.pdf
• Appendix 5 – IDA Ireland's Data Protection Notice.pdf