Single member framework agreement for legal support to SEM Committee

The RAs c/o Commission for Energy Regulation

In November 2004, the Department of Enterprise, Trade and Investment (DETI) and the Department of Communications Marine and Natural Resources (DCMNR) together with the Northern Ireland Authority for Utility Regulation (Utility Regulator, UR) and the Commission for Energy Regulation (CER) published a development framework for an All Island Energy Market, setting out the dates by which they expect to achieve these unified markets.
On 1.11.2007 the Single Electricity Market (SEM) went live, commencing the trading of wholesale electricity in Ireland and Northern Ireland on an All-Island basis. The Commission and the Utility Regulator jointly regulate the Single Electricity Market (“the SEM”) through the SEM Committee. The duties of the SEM Committee are set out in separate legislation in Northern Ireland and in the Republic of Ireland.
The regulatory authorities now invite tenders from suitably qualified and experienced firms in order to establish a single-member framework agreement for a maximum duration of 4 years, subject to annual renewal for the provision of appropriate legal services across a range of specialist areas to the SEM Committee.
Note: To register your interest in this notice and obtain any additional information please visit the eTenders web site at http://www.etenders.gov.ie/Search/Search_Switch.aspx?ID=369352. />The awarding authority has indicated that it will accept electronic responses to this notice via a "Tender Submission Postbox" facility. Further details of this facility are available at http://www.etenders.gov.ie/PostBox/Postbox_Explain.aspx?ID=369352. />Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems. The postbox closes precisely at the time stated.

Deadline

The time limit for receipt of tenders was 2012-02-28. The procurement was published on 2012-01-19.

Suppliers

The following suppliers are mentioned in award decisions or other procurement documents:

• Shepherd And Wedderburn Llp

Who?

• The RAs c/o Commission for Energy Regulation

What?

Where?

• Éire/Ireland

Procurement history

Date	Document
2012-01-19	Contract notice
2012-07-24	Contract award notice

Contract notice (2012-01-19)
Object
Scope of the procurement
Title: legal advisory services
Quantity or scope:

The successful tenderer is to work with the SEM Committee and the regulatory authorities to support and deliver legal expertise on SEM Matters. The key (though not exhaustive) areas that the SEM Committee requires expert legal advice on are:— Constitutional and administrative law underpinning various statutory bases for SEM Committee activities in Northern Ireland and Ireland,— Issues arising from the market monitoring function of the SEM Committee and adherence to the Bidding Code of Practice (including competition law, enforcement, due process),— Code and licence modifications and breaches of licence conditions,— Regulatory and energy law – including treatment of market operator and system operator regulation,— The treatment and facilitation of renewable energy in the SEM – having particular regard to the natural tensions between All-island policies and EU Member State legal requirements,— Contract Law including adherence to contractual obligations, code obligations and requirements,— EU Law including EC directives and regulations underpinning the legislative changes and proposed amendments to legislation,— Company and Corporate Law in relation to (but not limited to) transactions such as acquisitions in both jurisdictions,— The use of SEM Committee competition law powers – (noting the prospect of Northern Ireland Law and Irish Law distinctions),— SEM Committee objectives and functions, governance and rules and procedures,— Other Legal Services as and when the regulatory authorities elect to so procure through the framework (which may include litigation).

Notice metadata
Original language: English 🗣️
Document type: Contract notice
Nature of contract: Services
Regulation: European Union, with participation of GPA countries
Common procurement vocabulary (CPV)
Code: Legal advisory services 📦

Procedure
Procedure type: Open procedure
Type of bid: Submission for all lots
Award criteria
The most economic tender

Contracting authority
Identity
Country: Ireland 🇮🇪
Awarding authority type: Body governed by public law
Awarding authority name: The RAs c/o Commission for Energy Regulation
Postal address: The Exchange, Belgard Square North
Postal code: Dublin 24
Postal town: Tallaght
Contact
Internet address: http://www.cer.ie 🌏
E-mail: procurement@cer.ie 📧
Phone: +353 14000800 📞
Fax: +353 14000850 📠

Reference
Dates
Date dispatched: 2012-01-19 📅
Submission deadline: 2012-02-28 📅
Publication date: 2012-01-21 📅
Identifiers
Notice number: 2012/S 14-022407
OJ-S issue: 14
Additional information

Please see the "Conditions of Tender" and "Instructions to Tenderers" sections of the attached RFT document (available to download from www.etenders.gov.ie) for all additional information. The Commission for Energy Regulation is procuring this service on behalf of the, the Northern Ireland Authority for Utility Regulation (“the Authority”) and the Commission for Energy Regulation (“the Commission”) (together “the Regulatory Authorities - RAs. (ET Ref:369352).

Object
Scope of the procurement
Short description:

On 1.11.2007 the Single Electricity Market (SEM) went live, commencing the trading of wholesale electricity in Ireland and Northern Ireland on an All-Island basis. The Commission and the Utility Regulator jointly regulate the Single Electricity Market (“the SEM”) through the SEM Committee. The duties of the SEM Committee are set out in separate legislation in Northern Ireland and in the Republic of Ireland.

The regulatory authorities now invite tenders from suitably qualified and experienced firms in order to establish a single-member framework agreement for a maximum duration of 4 years, subject to annual renewal for the provision of appropriate legal services across a range of specialist areas to the SEM Committee.

Note: To register your interest in this notice and obtain any additional information please visit the eTenders web site at http://www.etenders.gov.ie/Search/Search_Switch.aspx?ID=369352.

The awarding authority has indicated that it will accept electronic responses to this notice via a "Tender Submission Postbox" facility. Further details of this facility are available at http://www.etenders.gov.ie/PostBox/Postbox_Explain.aspx?ID=369352.

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems. The postbox closes precisely at the time stated.

Quantity or scope:

— Constitutional and administrative law underpinning various statutory bases for SEM Committee activities in Northern Ireland and Ireland,

— Issues arising from the market monitoring function of the SEM Committee and adherence to the Bidding Code of Practice (including competition law, enforcement, due process),

— Code and licence modifications and breaches of licence conditions,

— Regulatory and energy law – including treatment of market operator and system operator regulation,

— The treatment and facilitation of renewable energy in the SEM – having particular regard to the natural tensions between All-island policies and EU Member State legal requirements,

— Contract Law including adherence to contractual obligations, code obligations and requirements,

— EU Law including EC directives and regulations underpinning the legislative changes and proposed amendments to legislation,

— Company and Corporate Law in relation to (but not limited to) transactions such as acquisitions in both jurisdictions,

— The use of SEM Committee competition law powers – (noting the prospect of Northern Ireland Law and Irish Law distinctions),

— SEM Committee objectives and functions, governance and rules and procedures,

— Other Legal Services as and when the regulatory authorities elect to so procure through the framework (which may include litigation).

Reference number: 011-03-233
Place of performance
Main site or place of performance: Dublin & Belfast.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity:

Please refer to Section 4.1 of the Request for Tender document available to download from www.etenders.gov.ie.

Economic and financial standing:

Please refer to Section 4.1 of the Request for Tender document available to download from www.etenders.gov.ie.

Technical and professional ability:

Please refer to Section 4.1 of the Request for Tender document available to download from www.etenders.gov.ie.

Contract execution
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Tenderers should note that the Commission and the Utility Regulator will bear the costs of the consultancy in the following proportions: 50 % to the Commission and 50 % to the Utility Regulator.

All fees and expenses shall have to be invoiced separately to the Commission and the Utility Regulator in these proportions.

All invoices issued to the Commission will be in Euro and subject to Irish VAT and withholding tax.

All invoices issued to the Utility Regulator will be in sterling and subject to Northern Ireland VAT.

The liability of the Commission and the Utility Regulator for the payment of all fees and expenses shall be severable, not joint and severable. On no account will either the Commission or the Utility Regulator be accountable for any fees and expenses incurred by the other.

Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

A grouping if successful must be prepared to contract as a single entity having joint and several liability.

Execution of the service is reserved to a particular profession:

The regulatory authorities require suitably qualified and experienced legal professionals.

Names and professional qualifications of the staff ✅

Procedure
Duration of the framework agreement in years: 4
Languages
Language: English 🗣️
Irish 🗣️

Contracting authority
Identity
Awarding authority name: Northern Irish Authority for Utility Regulation
Contact
Contact point: Siobhan Keating
Address of the buyer profile: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA01831 🌏

Reference
Identifiers
Reference number attributed by the contracting authority: 011-03-233
Additional information

Please see the "Conditions of Tender" and "Instructions to Tenderers" sections of the attached RFT document (available to download from www.etenders.gov.ie) for all additional information.

The Commission for Energy Regulation is procuring this service on behalf of the, the Northern Ireland Authority for Utility Regulation (“the Authority”) and the Commission for Energy Regulation (“the Commission”) (together “the Regulatory Authorities - RAs.

(ET Ref:369352).

Complementary information
Review body
Name: The High Court
Postal address: Four Courts, Inns Quay
Postal town: Dublin 7
Country: Ireland 🇮🇪
Source: OJS 2012/S 014-022407 (2012-01-19)

Contract award notice (2012-07-24)
Object
Notice metadata
Document type: Contract award notice

Procedure
Type of bid: Not applicable

Contracting authority
Identity
Postal address: The Exchange, Belgard Square North, Dublin 24

Reference
Dates
Date dispatched: 2012-07-24 📅
Publication date: 2012-07-26 📅
Identifiers
Notice number: 2012/S 142-236848
Refers to notice: 2012/S 14-022407
OJ-S issue: 142
Additional information
(ET Ref:471852).

Procedure
Award criteria
Criterion: 1. Understanding of the pertinent issues & approach to likely assignments (15)
2. Service level commitments & value added services (15)
3. Technical merit of the human resources proposed (40)
4. Ultimate cost of providing the service (30)

Award of contract
Date of contract conclusion: 2012-06-26 📅
Name: Shepherd And Wedderburn Llp
Postal address: 1 Exchange Crescent, Conference Square
Postal town: Edinburgh
Postal code: EH3 8UL
Country: United Kingdom 🇬🇧
Internet address: www.shepwedd.co.uk 🌏
Information about tenders
Number of tenders received: 2

Contracting authority
Identity
Awarding authority name: Northern Irish authority for utility regulation
Source: OJS 2012/S 142-236848 (2012-07-24)

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