Ireland – Legal services – Voluntary Ex Ante Transparency (VEAT) Notice the Provision of Legal Consultancy Services in respect of Proposed Contractual Transactions Associated with the Dublin Waste to Energy Project.

Dublin City Council gives notice to invoke Article 32.2(b) (ii) for use of the negotiated procedure without prior call for publication whereby the works, supplies or services can be provided only by a particular economic operator as (ii) competition is absent for technical reasons. Dublin City Council intends to award a contract to McCann Fitzgerald LLP To provide legal consultancy services to Dublin City Council (DCC) for the total sum of €450K (Ex-VAT) in respect of the following proposed contractual transactions ‘Project Atlas’ and ‘Project Croke’: 1. Project Atlas – This relates to a consent request that was received by DCC from Dublin Waste to Energy Limited (DWtEL) for the purposes of the Project Agreement between the parties and in connection with: a) the proposed sale of the entire issued share capital of the Operator; and b) the proposed amendment and restatement of the Operation and Maintenance (O&M) Contract, including to facilitate upgrade works to the Facility via a subcontracting arrangement; and c) the provision of a replacement guarantee by the new Operator, the novation of obligations to the new Operator under the O&M Contractor Collateral Warranty, the O&M Contract Funder Direct Agreement and the Interface Agreement. 2. Project Croke – This relates to a refinancing notice that was received by DCC from DWtEL for the purposes of the Project Agreement between the parties. An estimate of fees for providing legal consultancy services for a period of one year in respect of ‘Project Atlas’ and ‘Project Croke’ totalling €450,000.00 (Ex- VAT) was received from McCann Fitzgerald LLP. This estimate has been reviewed and is considered reasonable owing to the complexity of the projects and in-depth knowledge and expertise required