Request for Tenders for the provision of external legal advisory services to support DCEE with the design and implementation of the RESS

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 tender involves providing external legal advisory services to support the Department of Climate, Energy and the Environment (DCEE) in the design and implementation of the Renewable Electricity Support Scheme (RESS). The contract is divided into two lots, each resulting in a separate contract.

• Lot 1: Development of Terms and Conditions for multiple onshore RESS auctions. This includes drafting legal frameworks and ensuring compliance with national and EU regulations.
• Lot 2: Advisory services for the delivery phase and ongoing support of RESS schemes, covering RESS 1 to RESS 5 and future auctions. This involves providing legal advice on implementation, compliance, and operational issues.

The contractor will engage in:

• Drafting and reviewing legal documents and contracts.
• Advising on regulatory compliance and legal risks.
• Supporting the DCEE in negotiations and stakeholder engagements.
• Providing ongoing legal support throughout the contract term.
• Ensuring all legal advice aligns with the latest legislative changes and policy developments.

The work requires a deep understanding of both Irish and EU law, particularly in the context of renewable energy and public procurement.

3. Background & buyer context

This procurement supports the Renewable Electricity Support Scheme (RESS), a strategic initiative to increase renewable energy production in Ireland. The scheme aligns with national climate action goals and EU energy directives. The Department of Climate, Energy and the Environment is responsible for implementing this scheme to meet Ireland's renewable energy targets. The tender aims to secure expert legal services to ensure the scheme's compliance with legal standards and facilitate its successful execution. The initiative is part of broader government efforts to transition to sustainable energy sources.

4. Eligibility & selection criteria

• Turnover requirement: Minimum annual turnover of €250,000 for each of the last three financial years.
• Insurance:
• Employer’s Liability: €12.7m per claim.
• Public Liability: €6.5m per claim.
• Professional Indemnity: €1m aggregate per insurance year.
• Certifications: Not specified for this tender.
• Past experience: At least three similar services provided in the last three years, with details of scale, dates, and client contacts.
• Personnel: Not specified for this tender.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

The evaluation follows the Most Economically Advantageous Tender (MEAT) principle, with a 70/30 quality/price split.

6. Submission requirements

• Method statement / response document: Required, no specific template or page limit stated.
• CVs: Not specified for this tender.
• Pricing schedule: Must be completed as per Appendix 2.
• Case studies: At least three, detailing similar services provided in the last three years.
• Declarations: ESPD, Tax clearance, Conflict of Interest.
• Mandatory site visit: Not applicable.
• Submission portal: eTenders, with specific format rules for electronic submission.

7. Key dates & process

8. Contract terms that matter

The contract is for three years, with a possible one-year extension. Payment terms are not specified but must comply with the Services Contract in Appendix 5. Key performance indicators and service level agreements are not detailed. Liquidated damages or penalty regimes are not mentioned. Termination clauses include a 30-day notice period. Intellectual property ownership and sub-contracting rules are not specified. No parent-company guarantee or bond requirements are stated.

9. Risks, red flags & unusuals

The tender requires a high turnover relative to the contract value, potentially limiting SME participation. The insurance requirements are substantial, which may also restrict smaller firms. The absence of detailed personnel requirements could lead to ambiguity in evaluating team capabilities. The tender's reliance on ongoing legal advisory services suggests a need for continuous engagement, which may favor incumbents familiar with the DCEE's operations.

10. SME fit assessment

This tender is suitable for medium-sized legal firms with experience in energy law and public procurement. Firms must have a robust financial standing and the ability to meet high insurance requirements. Consortium or sub-contracting is allowed, offering opportunities for smaller firms to partner with larger entities. Bid preparation is moderate, likely requiring several weeks of effort. The presence of an incumbent or firms with prior RESS experience may influence the probability of winning.

11. Where to dig deeper

• Source RFT filename: RESS Legal RfT 05.09.25 Final.pdf
• eTenders CFT ID: Not specified
• Contact email or clarification portal: Messaging facility on www.etenders.gov.ie
• Important attachments:
• Appendix 1 — Requirements and Specifications
• Appendix 2 — Pricing Schedule
• Appendix 5 — Services Contract