JOINT COMMITTEE ON COMMUNICATIONS, MARINE AND NATURAL
RESOURCES
Consultancy - Request for Tender (RFT)
Terms of Reference
1.
Background
The Joint Committee on Communications, Marine and Natural Resources
agreed, at its inaugural meeting in 2002, to deal with matters within its remit
in a modular format.
In March 2004, the Joint Committee commenced its Natural Resources
module. To date, the key areas examined in the module have been –

Electricity (dominant and alternative generation)

Electricity grid

Regulation

Gas and oil peak production

Wind Energy
In that regard presentations have been made by the following:
Minister for Communications, Marine and Natural Resources, Dermot
Ahern T.D.

Commission for Energy Regulation, Gortmore Environmental Action
Group and Sustainable Energy Ireland

ESB and Eirgrid

Airtricity, Irish Wind Energy Association and Meitheal na Gaoithe

Viridian

Mr. Colin Cambell and Mr. Chris Skrebowski

An Bord Gáis.
Transcripts of the Joint Committee’s proceedings can be obtained on the
Oireachtas web site. In addition, the Joint Committee has submissions,
research papers and articles available.
Over the coming months the Joint Committee proposes hearing further
presentations to include, but not exclusively, the following;

Bord na Mona - the role and function of its future as a supplier of
indigenous energy

The benefits/problems with biomass biofuels and wave energy

Development of an all island energy policy.

Development of gas & electricity Interconnectors to UK & Europe.

Review of the extractive industries in Ireland.

Review of the oil and gas exploration industries - Irish Offshore
Operators’ Association

Recall of Commission for Energy Regulation

Review of energy policy with Minister for Communications, Marine
and Natural Resources, Noel Dempsey T.D.
On completion of this module the Joint Committee will prepare a Report for
the Houses of the Oireachtas, which will include, but not exclusively, the
following:1
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
2.
Renewable energy policy, having regard to biomass, biofuels, wind
and wave energy resources
Market and/or Governmental supports for renewable energy
The development of an all Island energy policy
Energy (gas & electricity) Interconnection to UK & Europe
The development of the energy market having regard to regulation,
competition and market liberalisation
Market, policy and regulatory supports for brown, green and renewable
energy
Energy policy within the European context including historic and
future development
European Common Energy Policy
The role and function of the regulator
Electricity – generation, transmission, distribution, retail and wholesale
market operation.
Security of supply
Energy mix
Project specifications
The Joint Committee has decided to recruit a consultant to assist in drafting
and quality proofing its Report to the Houses of the Oireachtas.
The specific duties of the consultant will be:

to review previous Joint Committee work, travel and meetings within
the Natural Resources Module

to review the transcripts, presentations, submission that the Joint
Committee have received

to review the various papers and reports which the Committee has

to attended the remaining Joint Committee meetings in the Natural
Resources Module

to quality proof the Joint Committee Report to the Houses Of The
Oireachtas.
The consultant will be required to submit a draft final report to the Joint
Committee by 10 June 2005 (or a later date is agreed by the Joint Committee)
and may be required to attend at Joint Committee meetings while the report is
being considered.
3.
Format of the Proposal:
To assist the evaluation process tenderers should structure their tenders in such
a way that to match the overall structure as set out in Appendix A – Format of
Tender. Accordingly, the tenders should address, on a point-by-point basis, the
issues and requirements in the sequence in which they appear in Appendix A –
Format of Tender.
4.
Selection Criteria
A contract will be awarded to the tenderer whose offer is the most
advantageous taking into account
4.1.
the experience of key personnel;
4.2.
the approach suggested in the proposal;
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4.3.
4.4.
4.5.
5.
proven track record in timely delivery of high-quality work in similar
areas;
competitiveness, financial considerations and guarantees offered;
price and quality.
Freedom of Information
5.1
This Office proposes that the following information relating to this
tender competition will be made available on request:
5.1.1. award criteria;
5.1.2. successful tenderer.
5.2.
The Office undertakes to hold confidential any information provided
by you in this proposal subject to:
5.2.1. disclosure of the information specified above at 5.1. as liable
for release to the public
5.2.2. the Office's obligations under law, including the Freedom of
Information Acts 1992 and 2003.
5.3.
You are asked to consider if any of the information supplied by you in
this proposal should not be disclosed because of its sensitivity. If this
is the case, then you should when providing the information, identify
same and specify the reasons for its sensitivity. This Office will
consult with you about sensitive information before making a decision
on any Freedom of Information request received.
If you consider that none of the information supplied by you is
sensitive, please make a statement to that effect. Such information
may be released in response to an FOI request.
6.
Miscellaneous
6.1.
Detailed contractual arrangements are not within the scope of this
RFT. However, the following conditions should be noted:6.1.1. Any conflicts of interest involving a contractor (or contractors
in the event of a consortium bid) must be fully disclosed to the
Office, particularly where there is a conflict of interest in
relation to any recommendations or proposals put forward by
the tenderer.
Any registerable interest involving the contractor and the
Ceann Comhairle, members of the Government, members of
the Oireachtas or employees of the Office of the Houses of the
Oireachtas or their relatives must be fully disclosed in the
response to this RFT, or should be communicated to the Office
of the Houses of the Oireachtas immediately upon such
information becoming known to the contractor, in the event of
this information only coming to their notice after the
submission of a bid and prior to the award of the contract. The
terms 'registerable interest' and 'relative' shall be interpreted as
per section 2 of the Ethics in Public Office Act, 1994.
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6.2.
6.3.
6.4.
6.5.
6.6.
6.7.
6.8.
6.9.
6.10.
6.11.
Two (2) copies of the tender in a sealed envelope, marked “Tender for
Energy Consultant” and addressed to
The Clerk to the Joint Committee on Communications, Marine and
Natural Resources.
Kildare House,
Kildare Street,
Dublin 2
Must be delivered to the Clerk not later than 3:00pm on Thursday
March 10th.
The Houses of the Oireachtas will accept no liability for any costs
incurred in preparing proposals.
The successful proposer (and agent, where appropriate) will be
required to produce, within 7 days of being requested, a current valid
Tax Clearance Certificate or, in the case of non-resident proposers, a
statement from the Irish Revenue Commissioners. In addition,
contractors must retain records of tax reference numbers for any subcontractors where payments exceed €650 (incl. VAT). Where a Tax
Clearance Certificate expires within the course of the contract the
Office of the Houses of the Oireachtas reserves the right to seek a
renewed certificate. All payments under the contract will be
conditional on the contractors being in possession of a valid certificate
at all times.
No part of the project can be used for any other purpose at any time
without the Joint Committee's consent.
The ultimate use of the project is a matter for the Joint Committee and,
if a report is published, it shall be in the Joint Committee's name with
due acknowledgements.
Security clearance will be required for any staff working on this
project.
Tenders that are delivered late will not be considered.
All queries with regard to this proposal should be directed to the Clerk
to the Joint Committee who can be contacted at 01-6183899 or by email at rlenihan@oireachtas.ie
All information provided by suppliers will be treated in strict
confidence, subject to the Freedom of Information Acts 1997 and
2003. Similarly, the Office of the Houses of the Oireachtas requires
that all information provided pursuant to this invitation to tender will
be treated in strict confidence by suppliers.
Information supplied by tenderers will be treated as contractually
binding. However, the Office of the Houses of the Oireachtas reserves
the right to seek clarification or verification of any such information.
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Appendix A
FORMAT OF TENDER
To assist the evaluation process tenderers should structure their tenders in such a way
that they match the overall structure of this Appendix. Further, the tenders should
address, on a point-by-point basis, all the issues and requirements in the sequence in
which they appear in this Appendix.
1.
General information
1.1.
Name, address, telephone, email and fax number of tenderer. Name of
person within tendering business dealing with the matter
1.2
Name, address, telephone, email and fax number of any third-parties
involved in the tender. Name of person within third-party business
dealing with the matter
1.3
Description of role or element of contract to be fulfilled by any thirdparty
1.4
Identification of party who will carry overall responsibility for the
contract
1.5
Details of the qualifications and experience of staff being assigned to
this task
1.6
Confirmation of acceptance by the tenderer and any third parties of the
conditions of tender described in this document and appendix.
2.
Reference sites
The following information must be supplied in respect of the tenderer:
2.1.
A list of names, addresses and telephone numbers of existing
customers who may be contacted for references in connection with the
proposed service.
2.2
A brief Financial Statement covering last two financial years
3.
Schedule of costs
The price quoted must be the best and final offer for the award of the contract
and must include the following information:
3.1
Schedule of costs of the tender (best and final offer).
3.2
A full breakdown of the price based on consultancy per day, per week
or other timeframe division.
3.3
An itemised breakdown of the cost of any additional services being
proposed beyond the minimum scope of the tender.
3.4
The applicable rate of VAT in respect of the service being proposed.
3.5
Details of any other costs, taxes or duties, which may be incurred.
4.
Any other information
Tenderers should provide any other information which may be relevant to this
proposal.
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Appendix B
Extract from Article 20, Paragraph 1 of EU Council Directive 93/36/EEC of 14th
June 1993 co-ordinating procedures for the award of public supply contracts:
Article 20
1.
Any supplier may be excluded from participation in the contract who:
(a)
is bankrupt or is being wound up, whose affairs are being administered
by the court, who has entered into an arrangement with creditors, who
has suspended business activities or who is any analogous situation
arising from a similar procedure under national laws and regulations;
(b)
is the subject of proceedings for a declaration of bankruptcy, for an
order for compulsory winding up or administration by the court or for
an arrangement with creditors or of any other similar proceedings
under national laws and regulations;
(c)
has been convicted of an offence concerning his professional conduct
by a judgment which has the force of res judicata;
(d)
has been guilty of grave professional misconduct proven by any means
which the contracting authorities can justify;
(e)
has not fulfilled obligations relating to the payment of social security
contributions in accordance with the legal provisions of the country in
which he is established or with those of the country of the contracting
authority;
(f)
has not fulfilled obligations relating to the payment of taxes in
accordance with the legal provisions of the country in which he is
established or those of the country of the contracting authority;
(g)
is guilty of serious misrepresentation in supplying the information
required under this Chapter.
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