Ireland – Legal services – 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 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