Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2023-09-04
Buyer: The Sustainable Energy Authority of Ireland
Country: IE
Contract type: Services
Procedure: Open procedure
CPV classification: 71313440 | 73112000 | 90711000 | 90711400 | 90712000
EU fund: ERDF

Technical requirements: Strategic Environmental Assessment (SEA) and Appropriate Assessment for Offshore Renewable Energy Development Plan 2
provision of Appropriate Assessment and Strategic Environmental Assessment (SEA) for Offshore Renewable Energy Development Plan 2
Suitably qualified and experienced environmental & planning consultants for the following: (a) Appropriately scaled Strategic Environmental Assessment (SEA) of the OREDP II which fully complies with the principles and requirements of Directive 2001/42/EC and of the Council of 27 June 2001 & the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. 435 of 2004), as amended; (b) Screening for Appropriate Assessment (AA) of OREDP II which fully complies with the principles and requirements of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora & the European Communities (Birds and Natural Habitats) Regulations 2011 – 21, (S.I. 477 of 2011, as amended) (c) Subject to the screening at (b), an AA of the OREDP II which fully complies with the principles and requirements of (b) above.
Strategic Environmental Assessment (SEA) and Appropriate Assessment for Offshore Renewable Energy Development Plan 2
Suitably qualified and experienced environmental & planning consultants for the following: (a) Appropriately scaled Strategic Environmental Assessment (SEA) of the OREDP II which fully complies with the principles and requirements of Directive 2001/42/EC and of the Council of 27 June 2001 & the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. 435 of 2004), as amended; (b) Screening for Appropriate Assessment (AA) of OREDP II which fully complies with the principles and requirements of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora & the European Communities (Birds and Natural Habitats) Regulations 2011 – 21, (S.I. 477 of 2011, as amended) (c) Subject to the screening at (b), an AA of the OREDP II which fully complies with the principles and requirements of (b) above.
This modification notice concerns a contract for the provision of an Appropriate Assessment (AA) and Strategic Environmental Assessment (SEA) for the Offshore Renewable Energy Development Plan 2 (OREDP II) that was awarded by SEAI in December 2021. A core element of the OREDP II development process was an extensive year-long review of relevant marine data held across state bodies. Following the completion of the review, it became clear that a reorientation of the OREDP II policy approach was needed. The management of this policy reorientation created additional work for the SEA/AA contractors that was not foreseen at the outset of the project and necessitated a de minimis modification to the contract. Further changes to the scope of the original contract have also arisen as a result of the 8-week public consultation commissioned by the Department of Environment, Climate and Communications (DECC) on the draft OREDP II and its associated environmental assessment reports (SEA and AA). The OREDP II has also been impacted by the rapidly evolving legal and policy landscape underpinned by the Maritime Area Planning Act and Climate Action Plan 2022. A significant change to the policy and legal landscape came about as a result of the Sectoral Emission Ceiling Agreement in 2022. This agreement added an additional 2GW offshore renewable energy capacity to be underway by 2030 (Phase 3) which now has to be underpinned by OREDP II. The Phase 2 Policy Statement brought forward the transition to the plan-led regime; and the design of the Future Framework which includes the development of the Hydrogen Policy, Interconnector Policy and Economic Assessment. This acceleration means that the National Spatial Strategy for Offshore Renewable Energy (formerly titled the Offshore Renewable Energy Development Plan II [OREDP II]) is required as a matter of urgency. For these reasons, the original OREDP II proposed approach has been reframed from identifying BAIs (Broad Areas of Interest) to an approach based on principles and policies for future spatial planning.
Having completed all initial work for this project since their appointment in 2021, the existing SEA/AA contractors have acquired a detailed and in-depth knowledge of the complex and quickly evolving regulatory landscape. The significant “knowledge transfer” that would be required if a new contractor were appointed would result in substantial duplication of cost. Furthermore, the time required for such a “knowledge transfer” coupled with the minimum three-month period which would be required to appoint any new contractor pursuant to a new tender process would also cause significant delay. Transitioning to a new contractor would not only introduce duplication of cost and cause significant inconvenience, it would also introduce a risk that the delivery of this essential project would not be achieved on time which would have knock on impacts in terms of developing the Designated Maritime Area Plans (DMAPs) which is a key requirement to enable development of Ireland’s Offshore Wind sector.


Winner: ClearLead Consulting Limited