Reference clauses for Irish Request for Tender (RFT) documents. Use as a starting point, adapt to your contract, sector and risk profile, and have your legal advisor review before publication.
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Tax clearance
Standard suitability criterion under Reg 57 of S.I. 284/2016. Tax clearance is mandatory for any public contract above €10,000 (incl. VAT).
Eligibility
Tenderers must hold a valid Tax Clearance Certificate from the Revenue Commissioners and remain compliant for the duration of the contract. The successful tenderer will be required to provide their Tax Reference Number to enable verification through Revenue's eTax Clearance facility prior to contract award and at any point during the contract term as requested by the Contracting Authority.
Insurance minimums (services)
Adjust amounts to risk profile. Public works contracts have separate, higher minimums under the PWC suite.
Eligibility
The Tenderer shall hold and maintain for the duration of the Contract:
(a) Public Liability Insurance of not less than €6,500,000 per occurrence;
(b) Employers Liability Insurance of not less than €13,000,000 per occurrence;
(c) Professional Indemnity Insurance of not less than €1,000,000 in the aggregate.
Evidence of cover (broker letter or certificate of insurance) shall be provided within five (5) working days of a written request and prior to contract signature.
Minimum annual turnover
Per Reg 58 of S.I. 284/2016, the required turnover may not exceed twice the estimated contract value, save in exceptional cases that must be justified.
Eligibility
Tenderers must demonstrate a minimum average annual turnover of €[VALUE] over the last three (3) financial years, of which at least €[VALUE] relates to the activities to which the contract relates. Where a tenderer is a consortium, the requirement applies to the group on a combined basis. New entities formed within the past three years should provide such evidence as is available, including pro-forma accounts.
MEAT award criteria block
State weightings as percentages totalling 100%. Make sub-criteria explicit if used. Avoid undisclosed sub-criteria.
Evaluation
The contract will be awarded to the Most Economically Advantageous Tender (MEAT) assessed against the following published award criteria:
• Quality of proposed methodology, 35%
• Experience of named team, 20%
• Quality of relevant case studies, 15%
• Sustainability and social value, 10%
• Price, 20%
Each quality criterion will be scored on a 0–5 scale per the published Scoring Matrix (Appendix [X]). Price will be scored using the lowest-price-divided-by-tender-price method.
Standstill period notice
Mandatory above EU thresholds (Reg 84 of S.I. 284/2016). Standard period is 14 calendar days where notice is given electronically.
Process
Following the award decision, all tenderers will be notified in writing of the Contracting Authority's decision. The Authority will observe a mandatory standstill period of fourteen (14) calendar days from the date the decision notice is sent (or sixteen (16) days where notice is sent by post) before any contract is concluded. This period allows unsuccessful tenderers to seek further information or to challenge the decision in accordance with the Remedies Regulations (S.I. No. 130 of 2010, as amended).
Conflicts of interest declaration
Each panel member should sign before bids are opened. Required by Reg 24 of S.I. 284/2016.
Process
Tenderers must declare any actual or potential conflict of interest, including any relationship between the tenderer (or its officers, employees, advisers, or sub-contractors) and any officer or employee of the Contracting Authority involved in the procurement or in the performance of the resulting contract. The Authority reserves the right to exclude a tenderer where a conflict of interest cannot be remedied by less intrusive measures, in accordance with Regulation 24 of S.I. 284/2016.
Sub-contracting permitted
Use this where you want to enable SME participation. The 30% trigger is from Reg 71 of S.I. 284/2016.
Commercial
Tenderers may sub-contract elements of the Contract subject to the following conditions:
(a) The Tenderer remains the principal contracting party and accepts full responsibility for performance;
(b) Sub-contractors comprising 30% or more of the Contract value (or such other proportion as may be specified by the Authority) must be identified at tender stage with the same selection-criteria evidence as the Tenderer;
(c) Any change of sub-contractor during the Contract requires prior written approval, which shall not be unreasonably withheld;
(d) Payment terms passed to sub-contractors shall not be less favourable than the Authority's terms to the Tenderer.
Consortium / group bids
Encourage consortia explicitly. Specify whether a single legal vehicle is required pre- or post-award.
Eligibility
Tenders may be submitted by a group of economic operators acting jointly (a "consortium"). The consortium must nominate a Lead Member to act as the single point of contact and to bind all members. Each member of the consortium must satisfy the suitability criteria relating to grounds for exclusion. Economic and financial capacity, technical and professional capacity may be demonstrated on a combined basis. The Contracting Authority does not require the consortium to take a specific legal form to submit a tender, but reserves the right to require this for the proper performance of the contract following award (per Reg 19 of S.I. 284/2016).
GDPR — data processing
Use where the contract involves processing of personal data on behalf of the Authority. Annexe a Data Processing Agreement.
Compliance
Where the performance of the Contract involves the processing of personal data, the parties shall comply with the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018. The Contractor shall act as Data Processor on behalf of the Contracting Authority (Data Controller) and shall comply with the Data Processing Agreement at Schedule [X], including the requirement to implement appropriate technical and organisational measures, to assist with data subject rights requests, and to notify the Authority of any personal data breach without undue delay and in any event within 24 hours of becoming aware.
Social and environmental value
Increasingly weighted. Be specific about what counts so it is scored consistently and is not just a marketing exercise.
Evaluation
The Contracting Authority will evaluate tenderers' contribution to social and environmental value, including (without limitation):
• Local employment, apprenticeships and training opportunities created;
• Sub-contracting opportunities offered to Irish SMEs;
• Carbon and waste reduction commitments specific to the Contract;
• Inclusion and diversity in the delivery team;
• Alignment with the Authority's published sustainability strategy.
Tenderers should provide measurable, contract-specific commitments rather than generic policy statements. Commitments will be incorporated into the Contract as Service Levels.
Contract modifications
Cap at the directive limits to avoid having to re-tender (Reg 72 of S.I. 284/2016).
Commercial
Modifications during the Contract term are permitted in the circumstances set out in Regulation 72 of S.I. 284/2016, including (a) modifications provided for in clear, precise and unequivocal review clauses in the Contract, (b) additional works, services or supplies that have become necessary and where a change of contractor is impractical, and (c) where the value of the modification is below both 10% (services/supplies) or 15% (works) of the original contract value and below the relevant EU threshold. Substantial modifications, including any that materially extend the scope or alter the economic balance in the contractor's favour, will require a new procurement procedure.
Late bids
Be unambiguous. Late bids are normally inadmissible.
Process
Tenders received after the deadline stated in the Contract Notice will not be considered, regardless of the cause of the delay. The eTenders platform timestamps submissions automatically and this timestamp is conclusive. It is the Tenderer's sole responsibility to ensure their submission is uploaded in full and confirmed before the deadline. Tenderers are strongly advised to upload at least 24 hours in advance.
Disclaimer
These clauses are reference text, not legal advice. Statutory references reflect Irish and EU procurement law as at the page date. Always have your legal advisor or procurement officer review the final RFT before publication. Where the OGP publishes a standard form (e.g. the Public Works Contracts), use that form rather than these reference clauses.