Procurement of an Enforcement Service Provider for Electronic Tolling

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1. At a glance

2. Scope of Work

This tender seeks an Enforcement Service Provider (ESP) to manage and deliver services related to the recovery of unpaid tolls and associated fines for tolled facilities in Ireland. The contract will initially focus on the M50 motorway's barrier-free tolling system, known as "eFlow," with the potential to expand to other TII-operated toll facilities. The ESP will be responsible for a range of enforcement and legal debt collection actions.

The scope of work is divided into three main phases:

• Phase 1 – Start-up, Mobilisation and Transition Management Services: This phase involves managing contract award, including legal and tax clearance requirements. It includes programme and project management for all workstreams, devising and testing business procedures, preparing project documentation, recruiting and training personnel, and preparing, testing, and implementing necessary infrastructure, systems, and communications links. A period of shadow running or other operational readiness evidence will be required, culminating in commissioning and go-live. This phase also covers managing the migration of employees (if applicable), data, and ongoing enforcement actions from the incumbent.

• Phase 2 - Operational Services: This is the core operational phase, encompassing:

• General Services: Contract management, accountability reporting, attendance at meetings, change management, performance monitoring, commercial management, reporting (operational, financial, business intelligence), evolving services based on customer behaviour, technology, and legislation, and regular engagement with stakeholders including the Toll Operator, Court Services, and Sheriffs. Data integrity and quality through a two-way interface with the Toll Operator are critical.

• Enforcement and Legal Debt Collection Services: This includes collecting and reviewing "Evidence Packs" from the Toll Operator, which contain evidential images and data. The ESP will issue Toll Violation Notices (TVNs) to owners who have not paid within 56 days of a Unpaid Toll Notice (UTN). Registered Customer Demand Letters will be issued to account holders with outstanding amounts. Non-legal enforcement letters, such as Draft Claims Notices, will be sent to selected owners. The ESP will conduct formal criminal and civil legal proceedings within the Republic of Ireland, appearing in court and coordinating the appearance of Toll Operator staff. Legal debt collection procedures will be carried out post-court judgments, including facilitating direct enforcement services. Secure payment processes compliant with PCI-DSS standards will be provided for online, telephone, and postal payments, accommodating bank transfers, credit/debit cards, digital wallets, and cheques into a dedicated ESP bank account. Consolidation and reconciliation of payments, secure transfer of funds to TII, and management of customer queries and complaints are required. Audits of services and support for TII's additional legal actions are also part of this phase.

• Indicative Volumes (2026 Average):

• Legal demand letters (TVNs): 18,000 per month

• Draft Claims Notices (pre-legal): 2,000 per month

• Demand letters (registered customers): 300 per month

• Civil Claims Notices Issued: 600 per month

• Criminal Summons Issued: 50 per month

• Court Sessions: 10 per annum

• Calls In: 3,000 per month

• Calls Out: 5,000 per month

• Additional activities may include handling Notices of Intention to defend, judgments, Sheriff actions, registered judgments, judgment mortgages, and Judicial Reviews. Volumes may vary significantly in December and January.

• Phase 3 – Contract Termination and Handover: An Exit Management Plan will be required to manage the end of the contract term, ensuring the orderly provision of services by TII or a replacement provider.

The ESP must manage and store all data, record all actions, and establish electronic systems for this purpose. Integration with the eFlow Operator's system is mandatory for a two-way interface. Data security, compliance with GDPR and ISO 27001, and robust business continuity and disaster recovery processes are essential. Public-facing services must be available in Irish and English, with translation capabilities for other European Member States' official languages. Facilities used must be secure and subject to periodic inspection.

3. Background & buyer context

Transport Infrastructure Ireland (TII), formerly the National Roads Authority, is the statutory agency responsible for ensuring a safe and efficient national road network, including toll roads. TII introduced barrier-free tolling on the M50 motorway in 2008, branded as "eFlow," to alleviate congestion. This system uses electronic toll collection, eliminating the need for vehicles to stop. TII currently contracts a "Toll Operator" to collect these tolls. The current ESP contract is for enforcement and legal debt recovery services supporting the eFlow operation. The current Toll Operator contract expires in 2031, with a potential extension to 2035. The ESP contract commencing in 2028 will not include the processing of grant schemes, which will be procured separately. Tenderers should consider the possibility of transitioning to a new Toll Operator during the contract term. The procurement is conducted under the restricted procedure, with a pre-qualification stage followed by a tender stage for shortlisted candidates.

4. Eligibility & selection criteria

Candidates must meet the following minimum criteria to be considered for pre-qualification:

• Declaration of Eligibility: Candidates must not be subject to mandatory exclusion grounds under Regulation 57 of the European Union (Award of Public Authority Contracts) Regulations 2016 or Article 57 of Directive 2014/24/EU. Candidates may be excluded if discretionary grounds apply. Self-cleaning grounds can be presented.
• Turnover Requirement:
• The candidate’s overall annual turnover must equal or exceed €6 million, excluding VAT, in each of the three preceding financial years.
• The candidate’s annual turnover in legal debt collection services must equal or exceed €2 million, excluding VAT, in each of the three preceding financial years.
• Insurance:
• Professional Indemnity Insurance: Limit of Indemnity €6,500,000 any one claim and in the aggregate.
• Employer’s Liability Insurance: Limit of Indemnity €13,000,000 any one accident/unlimited any one period.
• Public Liability Insurance: Not specified for this tender.
• Product Liability Insurance: Not specified for this tender.
• Cyber and Network Security Insurance: Mentioned as a requirement, but specific limits are not stated in the provided text.
• Motor Insurance: Not specified for this tender.
• General Note: A maximum excess of €6,500 applies to Professional Indemnity and Employer's Liability Insurance.
• Certifications:
• A valid, current ISO 9001:2015 Certificate (or latest revision) issued by an accredited body is required.
• Alignment with the principles of ISO 9001 (or equivalent) appropriate to the scope of services is also mentioned.
• Compliance with PCI-DSS standards is required for payment processing.
• Compliance with GDPR and ISO 27001 is required for data security.
• Past Experience: Candidates must achieve a minimum score of 60% in each sub-criterion under the "Candidates Experience Criterion" to be shortlisted. The specific number and nature of comparable projects are detailed in Section 4.6 of the full PQQ document, which is not fully provided here.
• Personnel: Specific roles and minimum years of experience are not detailed in the provided extract but will be specified in the Invitation to Tender.
• Geographic / Facility Constraints: No personal data shall be transferred outside the European Economic Area without prior written consent from the Authority, which may include entering into model clauses approved by the European Commission. Facilities used must be safe and secure, subject to periodic inspection.

5. Award criteria & scoring

The pre-qualification stage involves passing minimum criteria and achieving a score in the top four under the Candidates Experience Criterion, with a minimum score of 60% attained in each sub-criterion. The Authority anticipates shortlisting the four highest-ranking candidates.

The contract, if awarded, will be awarded to the tenderer submitting the most economically advantageous tender (MEAT). The specific award criteria and scoring methodology will be detailed in the Invitation to Tender, which will be circulated to shortlisted candidates. The PQQ document states that "The only criterion scored is the Candidates’ previous experience" for the shortlisting stage.

Criterion Weight (%) Sub-criteria