Multi Supplier Framework Agreement for Legal 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 tender seeks to establish a multi-supplier framework agreement for the provision of legal services to the Commission for Communications Regulation (ComReg). The framework will cover a range of legal assistance required by ComReg. The estimated total value for services under this framework is €15.5 million (excluding VAT) over its four-year term.

The services are divided into three main lots, with Lot 3 further subdivided into specialist areas:

• Lot 1: Corporate Law Services
• Provision of legal advice and support on corporate law matters relevant to ComReg's operations.
• Lot 2: General Circuit Court and District Court Litigation
• Representation and legal services for litigation proceedings in the Circuit Court and District Court.
• Lot 3: Core Regulatory and Legal Services
• This lot encompasses core regulatory legal services and includes several specialist sub-lots:
• Lot 3.1: Electronic Communications
• Legal services related to electronic communications regulation.
• Lot 3.2: Cybersecurity and Resilience
• Legal advice and support concerning cybersecurity and resilience matters.
• Lot 3.3: E.U. Data Act
• Legal services pertaining to the EU Data Act.
• Lot 3.4: eIDAS
• Legal expertise related to the eIDAS (electronic identification and trust services) Regulation.
• Lot 3.5: Postal Law
• Legal services concerning postal sector regulation.
• Lot 3.6: AI Act and Product Safety
• Legal advice on the AI Act and product safety regulations.

Framework members will be appointed to one or more lots. ComReg will award specific call-off contracts under each framework agreement through mini-competitions, as detailed in the framework agreement. The framework agreement itself does not guarantee the award of any call-off contracts.

3. Background & buyer context

The Commission for Communications Regulation (ComReg) is procuring these legal services to establish a multi-supplier framework agreement. The current framework for legal services was put in place in 2022 and expires on 28 September 2026. This procurement process is designed to ensure continuity and access to specialist legal expertise for ComReg's regulatory functions. The services are essential for ComReg to fulfil its statutory obligations and to navigate the evolving legal landscape in the communications, data, and technology sectors. The estimated expenditure of €15.5 million reflects ComReg's anticipated ongoing need for legal support across its diverse regulatory remit.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered for this tender:

• Turnover requirement:
• For Lot 3 only: Tenderers must demonstrate a minimum average annual turnover of €8.5 million for each of the last three financial years. Audited accounts are required as evidence.
• Insurance:
• Public Liability Insurance: Minimum cover of €6,500,000 for each and every claim.
• Employer's Liability Insurance: Minimum cover of €12,700,000 for each and every claim.
• Professional Indemnity Insurance:
• For Lots 1 and 2: Minimum cover of €1,500,000 for each and every claim.
• For Lot 3 (including sub-lots): Minimum cover of €5,000,000 for each and every claim.
• For all lots, cover should be proportionate to the contract value and risks, with a minimum of €50,000. Insurance must be maintained for at least six years from the expiration or termination of a services contract.
• Certifications: Not specified for this tender.
• Past experience: Not specified as a minimum number of projects, but Tenderers must demonstrate relevant experience in their bid.
• Personnel: Not specified as minimum years of experience for named roles, but Tenderers must propose personnel with appropriate qualifications and experience. Replacement team members must have at least the same qualifications.
• Geographic / facility constraints: Not specified.

5. Award criteria & scoring

The award of the framework agreement will be based on the principle of the Most Economically Advantageous Tender (MEAT). The tender evaluation will consider both qualitative and quantitative aspects. While specific scoring weights are not detailed in the provided extract, the evaluation will be based on the Selection Criteria (eligibility) and Award Criteria. Tenderers must respond to each element as set out in the RFT. The Framework Agreement and Call-Off Contract terms are non-negotiable, and tenderers must confirm their acceptance.

6. Submission requirements

Tenders must be submitted electronically via the eTenders.gov.ie portal. The submission must be a single complete document (or zip file), excluding the e-ESPD which is uploaded separately. The document must follow the RFT's structure and respond to each element in order.

Key submission components include:

• Section 1: Compliance
• Tenderer’s Statement (Appendix 3)
• e-ESPD (uploaded separately)
• Details of Registrable Interest (if applicable)
• Details of Conflicts of Interest (if applicable)
• Section 2: Selection Criteria
• Banker's Letter
• Evidence of Turnover (for Lot 3 only)
• Details of Previous Experience
• Section 3: Tender
• Responses to Award Criteria
• Completed Pricing Schedule (Appendix 2)

Tenderers must ensure documents are text-searchable (not scanned images) and compatible with Microsoft Word or PDF readers. Tenders for multiple lots must be separate, bespoke submissions for each lot.

7. Key dates & process

These dates are indicative and subject to change at ComReg's discretion.

8. Contract terms that matter

The framework agreement will have a term of four years. Call-off contracts will be awarded under the framework according to rules specified within the framework agreement. Tenderers must accept the terms of the Framework Agreement and Call-off Contract as provided in Appendix 5 without amendment. Pricing submitted will represent maximum prices, which may be reduced in future call-off contracts. Hourly rates for personnel are fixed for the duration of the framework agreement and are not subject to inflationary increases. Any legal proceedings arising from a call-off contract will require the framework member to provide assistance, with fees calculated at the lowest of the agreed call-off rate or the maximum tender rate. Tenderers must comply with all applicable environmental, social, and labour laws.

9. Risks, red flags & unusuals

• Lot-Specific Turnover: The €8.5 million annual turnover requirement is exclusively for Lot 3. Bidders targeting only Lots 1 or 2 are not subject to this specific turnover threshold, which could limit the pool of bidders for Lot 3.
• No Minimum Call-Off Guarantee: ComReg explicitly states it is under no obligation to purchase any minimum value of services under the framework agreement and reserves the right to procure services outside the framework. This means framework members have no guaranteed income.
• Fixed Pricing: Maximum hourly rates are fixed for the duration of the framework agreement, with no provision for inflation. This places the risk of cost increases on the service provider.
• Non-Negotiable Contract Terms: Tenderers must accept the Framework Agreement and Call-off Contract terms without amendment, limiting negotiation flexibility.
• Potential for Mini-Competitions: While a framework is established, individual call-off contracts will be awarded via mini-competitions among framework members, meaning appointment to the framework does not guarantee work.

10. SME fit assessment

This tender is structured as a multi-supplier framework with three distinct lots, including specialist sub-lots.

• Who can credibly bid:
• Lots 1 & 2: Smaller to medium-sized firms with demonstrated expertise in corporate law or general litigation, respectively, can potentially bid. The absence of a specific turnover requirement for these lots makes them more accessible.
• Lot 3: This lot has a significant €8.5 million annual turnover requirement for the last three years, making it accessible primarily to larger, established legal firms with substantial regulatory and specialist expertise in areas like electronic communications, data law, and AI.
• Consortium/Sub-contracting: The RFT states "NOT USED" for section 2.5.1 regarding consortia and subcontractors, implying they are not permitted.
• Indicative bid-prep effort: Preparing a compliant tender for multiple lots, especially Lot 3, will require significant effort. This includes compiling detailed responses to award criteria, gathering financial evidence, and ensuring compliance with all submission requirements. A reasonable estimate for a comprehensive bid would be 10-20 days of dedicated work for a small team.
• Pwin signal: The explicit mention of a turnover requirement for Lot 3 suggests a focus on established players. The fixed pricing and non-negotiable contract terms indicate a standard public sector procurement process. The expiry of the current framework in September 2026 suggests a need for continuity, potentially favouring incumbent providers if they re-bid successfully.

11. Where to dig deeper

• Source RFT Filename: T21680 RFT to establish Multi Supplier Framework Agreement - Legal Service.pdf
• eTenders CFT ID: Not explicitly stated in the provided text.
• Contact/Clarification Portal: Messaging facility on www.etenders.gov.ie.
• Key Attachments:
• Appendix 1: Description of the Services – Specification Requirements
• Appendix 2: Pricing Schedule
• Appendix 5: Framework Agreement (including Call-off Contract)