Voluntary Ex Ante Transparency (VEAT) Notice for Award of Contract to McCann Fitzgerald LLP for the provision of Legal Consultancy Services in Respect of the Dublin Waste to Energy Project

Dublin City Council gives notice to invoke Article 32.2 (b) (ii) for a derogation from public procurement whereby the works, supplies or services can be provided only by a particular economic operator as competition is absent for technical reasons. Dublin City Council intends to award a contract to McCann Fitzgerald …

CPV: 79100000 Usługi prawnicze
Miejsce wykonania:
Voluntary Ex Ante Transparency (VEAT) Notice for Award of Contract to McCann Fitzgerald LLP for the provision of Legal Consultancy Services in Respect of the Dublin Waste to Energy Project
Miejsce udzielenia zamówienia:
Dublin City Council
Numer nagrody:
1

1. Buyer

1.1 Buyer

Official name : Dublin City Council
Legal type of the buyer : Local authority
Activity of the contracting authority : General public services

2. Procedure

2.1 Procedure

Title : Voluntary Ex Ante Transparency (VEAT) Notice for Award of Contract to McCann Fitzgerald LLP for the provision of Legal Consultancy Services in Respect of the Dublin Waste to Energy Project
Description : Dublin City Council gives notice to invoke Article 32.2 (b) (ii) for a derogation from public procurement whereby the works, supplies or services can be provided only by a particular economic operator as competition is absent for technical reasons. Dublin City Council intends to award a contract to McCann Fitzgerald LLP. The maximum value of of this contract is €20,000 ex VAT. Following a public procurement competition, Dublin City Council (DCC) entered into a joint venture “Client Representative Agreement” on the 2nd of March 2001 with a number of parties, including McCann Fitzgerald acting as legal advisor for the pre-construction phase of the Dublin Waste to Energy Project. Following consultation with DCC’s Law Department, appointed McCann Fitzgerald as legal advisor to the financial close of the Dublin Waste to Energy (DWtE) Project to carry out the following: • Finalisation of the revised Project Agreement between DCC and DWtE Ltd. • Review of funding and contract documents. • Obtain the necessary consents to execute the amended Project Agreement. A Project Agreement between Dublin Waste to Energy Limited and Dublin City Council was entered into on the 4th of September 2007. The Project Agreement was amended and restated on the 19th of September 2014 and further amended and restated on the 14th of December 2017. In October 2024, Dublin City Council received a Notice of Variation to the Project Agreement and a proposed draft Deed of Variation to the Project Agreement from Dublin Waste to Energy Ltd. This Notice relates to certain required changes to the Project Agreement as a result of the amendment to the EPA Licence. McCann Fitzgerald has provided legal advice to DCC in respect of the Dublin Waste to Energy project since its inception. They have in depth knowledge and expertise in respect of the Project Agreement and are best placed to provide legal advice on the proposed Variation. Following consultation with DCC’s Law Department it is proposed that DCC engage the legal consultancy services of McCann Fitzgerald to review the Deed of Variation documents and advise accordingly. In this regard, it is proposed that DCC award the public contract by a negotiated procedure without prior publication of a contract notice due to technical reasons. The request to appoint McCann Fitzgerald as legal advisors is being made in accordance with Article 32 Section (2) (b) (ii) of Directive 2014/24/EU which provides for contracting authorities to award public contracts by a negotiated procedure without prior publication in the following case: ‘(b) where the works, supplies or services can be supplied only by a particular economic operator because… …(ii) competition is absent for technical reasons
Procedure identifier : 7474868e-5d4d-4f55-97c5-9f02f09a6483
Type of procedure : Negotiated without prior call for competition

2.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79100000 Legal services

2.1.2 Place of performance

Country subdivision (NUTS) : Dublin ( IE061 )
Country : Ireland

2.1.4 General information

Additional information : The date of conclusion of the contract is expected to be no later than 22nd February 2025 Name and Address of the contractor: McCann Fitzgerald LLP Riverside One, Sir John Rogerson’s Quay, Dublin 2, D02 X576
Legal basis :
Directive 2014/24/EU

5. Lot

5.1 Lot technical ID : LOT-0001

Title : Voluntary Ex Ante Transparency (VEAT) Notice for Award of Contract to McCann Fitzgerald LLP for the provision of Legal Consultancy Services in Respect of the Dublin Waste to Energy Project
Description : Dublin City Council gives notice to invoke Article 32.2 (b) (ii) for a derogation from public procurement whereby the works, supplies or services can be provided only by a particular economic operator as competition is absent for technical reasons. Dublin City Council intends to award a contract to McCann Fitzgerald LLP. The maximum value of of this contract is €20,000 ex VAT. Following a public procurement competition, Dublin City Council (DCC) entered into a joint venture “Client Representative Agreement” on the 2nd of March 2001 with a number of parties, including McCann Fitzgerald acting as legal advisor for the pre-construction phase of the Dublin Waste to Energy Project. Following consultation with DCC’s Law Department, appointed McCann Fitzgerald as legal advisor to the financial close of the Dublin Waste to Energy (DWtE) Project to carry out the following: • Finalisation of the revised Project Agreement between DCC and DWtE Ltd. • Review of funding and contract documents. • Obtain the necessary consents to execute the amended Project Agreement. A Project Agreement between Dublin Waste to Energy Limited and Dublin City Council was entered into on the 4th of September 2007. The Project Agreement was amended and restated on the 19th of September 2014 and further amended and restated on the 14th of December 2017. In October 2024, Dublin City Council received a Notice of Variation to the Project Agreement and a proposed draft Deed of Variation to the Project Agreement from Dublin Waste to Energy Ltd. This Notice relates to certain required changes to the Project Agreement as a result of the amendment to the EPA Licence. McCann Fitzgerald has provided legal advice to DCC in respect of the Dublin Waste to Energy project since its inception. They have in depth knowledge and expertise in respect of the Project Agreement and are best placed to provide legal advice on the proposed Variation. Following consultation with DCC’s Law Department it is proposed that DCC engage the legal consultancy services of McCann Fitzgerald to review the Deed of Variation documents and advise accordingly. In this regard, it is proposed that DCC award the public contract by a negotiated procedure without prior publication of a contract notice due to technical reasons. The request to appoint McCann Fitzgerald as legal advisors is being made in accordance with Article 32 Section (2) (b) (ii) of Directive 2014/24/EU which provides for contracting authorities to award public contracts by a negotiated procedure without prior publication in the following case: ‘(b) where the works, supplies or services can be supplied only by a particular economic operator because… …(ii) competition is absent for technical reasons
Internal identifier : 1

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79100000 Legal services

5.1.6 General information

Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : yes

5.1.7 Strategic procurement

Aim of strategic procurement : No strategic procurement

5.1.16 Further information, mediation and review

Review organisation : The High Court of Ireland
TED eSender : European Dynamics S.A.

6. Results

Value of all contracts awarded in this notice : 20 000 Euro
Direct award :
Justification for direct award : The contract can be provided only by a particular economic operator because of an absence of competition for technical reasons
Other justification : Dublin City Council gives notice to invoke Article 32.2 (b) (ii) for a derogation from public procurement whereby the works, supplies or services can be provided only by a particular economic operator as competition is absent for technical reasons. Dublin City Council intends to award a contract to McCann Fitzgerald LLP. The maximum value of of this contract is €20,000 ex VAT.

6.1 Result lot ldentifier : LOT-0001

6.1.2 Information about winners

8. Organisations

8.1 ORG-0001

Official name : Dublin City Council
Postal address : Civic Offices, Wood Quay
Town : Dublin
Postcode : D08 RF3F
Country subdivision (NUTS) : Dublin ( IE061 )
Country : Ireland
Telephone : 01 2222222
Internet address : https://www.dublincity.ie
Roles of this organisation :
Buyer

8.1 ORG-0002

Official name : The High Court of Ireland
Registration number : The High Court of Ireland
Department : The High Court of Ireland
Postal address : Four Courts, Inns Quay, Dublin 7
Town : Dublin
Postcode : D07 WDX8
Country subdivision (NUTS) : Dublin ( IE061 )
Country : Ireland
Telephone : +353 1 8886000
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : European Dynamics S.A.
Registration number : 002024901000
Department : European Dynamics S.A.
Town : Athens
Postcode : 15125
Country subdivision (NUTS) : Βόρειος Τομέας Αθηνών ( EL301 )
Country : Greece
Telephone : +30 2108094500
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : 48e36de6-cd84-4e70-b836-b091da1f3abd - 01
Form type : Direct award preannouncement
Notice type : Voluntary ex-ante transparency notice
Notice dispatch date : 22/01/2025 10:14 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00047513-2025
OJ S issue number : 16/2025
Publication date : 23/01/2025