# T09208 Call Off Contract drawn from Consumer Communications Services FWA.pdf
# Tender: ComReg-Brand-LOST

CALL-OFF CONTRACT ref ComReg T09208/ RFT 230022 drawn from Multi Supplier Framework Agreement for the Provision of Consumer 
Communications Services to Commission for Communications Regulation
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CONTRACT DRAWDOWN FORM
CALL-OFF CONTRACT

This Call-Off Contract is made between:

(1) the Commission for Communications Regulation established in accordance with the 
Communications Regulation Acts 2002 as amended and having its offices at One Dockland 
Central, Guild Street, Dublin 1, D01 E4X0 ("the ComReg") of the one part, 

and

(2) Marketing Network, a company established under Irish law with company registration number 
111462 and its registered office at Argyle Square, Morehampton Road, Dublin 4, (the "Service 
Provider" which expression includes its successors as permitted assigns) of the second part.

Lot Name and number: Lot 1: Consumer Communications - Specialist Consultancy Services

Arranged by: Mini competition

Date: 27 March 2023

Duration of the Services: Until completion of services, provision to satisfaction of ComReg

1. ComReg hereby accepts the tender proposal submitted by the Service Provider by the response 
deadline 10 February 2023 and reference ComReg T09208 ("Tender") to perform the Services 
set out in Appendix 1 (the "Services") on the basis set out below.

2. Unless and except to the extent that this Contract Drawdown Form expressly states otherwise, 
the terms and conditions of the Framework Agreement entered into between ComReg, and the 
Service Provider dated 15 January 2019 shall be construed together with this Contract 
Drawdown Form and shall together constitute the "Call-Off Contract". By executing this form, 
ComReg and the Service Provider shall be deemed to have executed the Call-Off Contract.

3. The Service Provider is hereby appointed to perform the Services on the basis of the terms and 
conditions set out in the Call-Off Contract. In consideration of the payments to be made by 
ComReg to the Service Provider in respect of the Services, the Service Provider hereby 

covenants to ComReg to perform and complete the Services in conformity in all respects with 
the provisions of the Call-Off Contract.

4. The fees payable to the Service Provider in respect of the Services shall be calculated on the 
basis of the hourly rates set out in Appendix 2. The Service Provider will be entitled to claim 
payment from ComReg in respect of properly vouched expenses incurred in the delivery of the 
Services. However, expenses incurred by the Service Provider in respect of travel, travel time 
and subsistence will not be recoverable from ComReg unless previously agreed in writing by 
ComReg.

5. The Service Provider warrants, represents, agrees and confirms that it has no actual or potential 
Conflict of Interest or Bias in respect of any aspect of the Services and/or this Call-Off Contract 
and/or the subject matter of either of them except to the extent otherwise expressly set out in 
Appendix 3. The Service Provider will, among others, put in place any measures, procedures 
and protocols set out in Appendix 3 in order to address any Conflict of Interest or Bias identified 
in Appendix 3 (but the Service Provider acknowledges that ComReg's rights, as set out in the 
Framework Agreement and in this Call-Off Contract, remain reserved). During the term of this 
Call-Off Contract, the Service Provider will inform ComReg immediately of any previously 
undisclosed actual or potential Conflict of Interest or Bias that arises for the Service Provider in 
respect of the Services.

6. With effect from the date of this Call-Off Contract, the Service Provider will, at its cost and 
expense, effect and maintain for the benefit of ComReg for the duration of the Services, and 
such further period as may be required or ought prudently to be effected and maintained after 
the expiration or termination of the Services, insurance cover with reputable insurers, 
acceptable to ComReg to cover its Liabilities that may arise under or in connection with the CallOff Contract including, without limitation:

(a) public liability insurance with minimum cover of €1,000,000 for each and every claim;

(b) employer's liability insurance with minimum cover of €1,000,000 for each and every 
claim; and 

(c) professional indemnity insurance with minimum cover of €100,000 for each and every 
claim (which professional indemnity insurance will be kept in place for at least seven (7) 
years from the expiration or termination of the Call-Off Contract)

7. This Contract Drawdown Form shall prevail in the event of any ambiguity in the terms and 
conditions of the Framework Agreement or in the event of any conflict between the Contract 
Drawdown Form and the Framework Agreement.

8. The Service Provider may, from time to time, be required to perform additional services 
incidental to the Services but not falling within the scope of the Services (referred to herein as 
"Additional Services"). Such Additional Services may only be provided by the Service Provider 
pursuant to an express request in writing made by ComReg's contact person (as identified in 
Schedule 2, Part 1 of the Framework Agreement). The identity of ComReg's contact person may 

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change from time to time. Any such change will be notified in writing by ComReg to the Service 
Provider. The fees applicable in respect of any Additional Services shall be calculated by 
reference to the hourly rates set out in Appendix 2.

9. This Contract Drawdown Form may be executed in any number of counterparts, each of which 
when executed and delivered will be a duplicate original and all of which when taken together 
will constitute the one agreement. The Parties acknowledge and agree that:

a) this Contract Drawdown Form may be executed by any form of electronic signature, 
which shall be considered as an original signature for all purposes and shall have the same 
force and effect as an original signature; and

b) transmission of an executed counterpart of the Contact Drawdown Form (but for the 
avoidance of doubt not just a signature page) by email (in PDF, JPEG or other agreed format) 
shall take effect as delivery of an executed counterpart of the Contract Drawdown Form. No 
counterpart shall be effective until each Party has executed and delivered at least one 
counterpart

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APPENDIX 1

The Services

PART A: THE SERVICES

The Services comprise The Services required under the ITP and the Call-Off Contract (as supplemented 
by the Tender attached at Appendix 4). In the event of any conflict, the ITP and this Call-Off Contract 
shall take precedence over the Tender save and to the extent that the Tender provides for a higher 
level of service in which case the relevant provisions of the Tender shall take precedence. 

If The Services start later than the timeline outlined in the ITP, the duration of services may be 
extended accordingly. 

The Services include (but are not limited to) the provision by the Service Provider of the following 
specific requirements:

The Communications Consultant will be responsible for the development of graphic design assets. To 
this end, the work will include:

(i) Proposing and designing elements for publication via the web, social media, and in 
print, liaising closely with the Product Safety Manager and the Public Affairs Office 
on best regulatory practice;

(ii) Assets to be developed include (but are not limited to):

a. Design templates to upgrade the ComReg Product Safety webpage, to position it 
as a cutting-edge information portal providing ease of access to information for 
stakeholders;

b. Media campaigns designed by the CC, approved by the Commission and 
launched by the Public Affairs Office, which utilise all aspects of 
communications, including social media, to engage with the diverse range of 
stakeholders.

Specification of required service

As the designted Market Surveillance Authority ("MSA") for the Euroepan Union (Radio Equipment)
Regulations 2017, S.I. No. 248 of 2017 ("RE Regulations") and the European Communities 
(Electromagentic Compatibility) Regulations 2017, S.I. 69 of 2017 ("EMC Regulations") in Ireland, 
ComReg is required to undertake market surveillance on products to ensure that non-compliant 
products are identified, tested, seized and either removed from sale or, in the alternative, are not 
placed on the market. Market surveillance is an essential component for the smooth functioning of 
the EU Single Market. It helps protect End Users from unsafe products and general non-compliance, 
while defending businesses from unfair competition by those who ignore the rules. 

ComReg is tasked with the significant responsibility to, amongst other things: 

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• protect the End-User and inform them of the risks presented by purchasing non-compliant 
products and make them aware of ComReg's role in this regard;

• engage with the relevant Economic Operator(s) (e.g.: manufacturers, importers, distributors, 
retailers) to bring about timely and effective compliance, such as requiring corrective action, 
product withdrawls, product recalls etc..

• develop and maintain relationships with relevant stakeholders such as the Competition and 
Consumer Protection Commission (CCPC) and other relevant authorities in Ireland and other 
Member States, including Revenue (Customs) authorities, Economic Operators and industry; 
and

• take a risk based approach to ComReg's Market Surveillance obligations and prioritise 
accordingly. 

ComReg's MSA role in respect of the RE Regulations and EMC Regulations requires consideration of 
the broad church of all legal persons in the state, as the equipment in scope is used for a variety of 
purposes and across a miscellany of settings, be that business, industrial or private. Product Safety 
also carries with it a serious 'safety of life' dimension and demands appropriate care and attention, 
taking full account of the broad scope of the remit, the newness of the responsibility, the challenges 
in preventing non-compliant products entering the European market, and ComReg's conservative risk 
appetite. 

It will be apparent that ComReg's communications could positively or negatively impact safety of life. 
Consequently, there can be no confusion in our communications, all of which must be clear, concise, 
accurate, coherent and consistent, and with a particularly strong focus on the key stakeholder groups 
of Economic Operators and End Users, many of whom will be unaware of ComReg, let alone their own, 
in the case of Economic Operators, or ComReg's obligations with regard to product safety.

In light of ComReg's broad remit and the need to communicate with such diverse stakeholder groups, 
the need for appropriate, professional communications advice is a very clear one; indeed to not do so 
would be an unnecessary risk for ComReg, its reputation and most importantly those stakeholders 
who are dependent on ComReg's advice and protection as the designated MSA for the RE Regulations 
(noting its interplay with Low Voltage Directive¹
) and EMC Regulations, particularly given the notable 
safety of life facet that this role entails. 

This document relates to the work requirement for the Communications Consultant ("CC") for the 
Product Safety Unit communications Project Phase 2. 

PART B: POSSIBLE ADDITIONAL SERVICES

The Service Provider may, from time to time, be required to perform additional services incidental to 
the Services but not falling within the scope of the Services (referred to herein as "Additional 
Services"). Such Additional Services may only be provided by the Service Provider pursuant to an 
express request in writing made by ComReg's designated contact person (currently Joan Killeen). The 

¹ https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0035

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identity of ComReg's contact person may change from time to time. Any such change will be notified 
in writing by ComReg to the Service Provider. The fees applicable in respect of any work falling within 
the scope of this Part B of Appendix 1 shall be calculated by reference to the daily rates set out in 
Section 1.3 of Appendix 2. 

PART C: ASSISTANCE IN THE EVENT OF LEGAL CHALLENGE

The Service Provider agrees that, if requested to do so by ComReg, it will assist ComReg in the event 
of legal proceedings being instituted against ComReg following the adoption of a final decision in 
connection with the Services. The Service Provider agrees to render to ComReg all necessary 
assistance, support and the full benefit of its expertise in defending any such legal proceedings. The 
fees applicable in respect of any work falling within the scope of this Part C shall be calculated by 
reference to the daily rates set out in Section 1.3 of Appendix 2. The provision of any services falling 
within the scope of this Part C shall otherwise be on the same terms and conditions as contained in 
the Call-Off Contract. 

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APPENDIX 2

Fees And Service Provider's Personnel

1. Fees

1.1. Fees for the Services

The unconditional fixed price lump sum fee (the "Fees") in euros, excluding VAT, which will apply for 
the delivery of the Services is:

Unconditional Fixed Price Lump Sum Fee in 
euros (excluding VAT) includes all expenses.
€60,000

The maximum sum payable by ComReg in respect of expenses, per tender application, incurred by the 
Service Provider in the delivery of the Services shall be Zero. The Service Provider will be entitled to 
claim payment from ComReg in respect of properly vouched expenses, the maximum included in 
Tender Application (Cost Evaluation) incurred in the delivery of the Services up to this maximum sum. 
Any expenses incurred by the Service Provider in excess of this maximum sum shall not be payable by 
ComReg.

1.2. Payment of Fees

The Fees shall be payable in accordance with Clause 7 of the Framework Agreement. The Service 
Provider may be required to provide a detailed written breakdown of the time and work done. 

1.3. Fees for services under Part B or Part C of Appendix 1

The following daily rates will apply for any services delivered under Part B or Part C of Appendix 1:

Service Provider's Personnel             Daily Rate (excl. VAT)
                                       Euro (€)
                                       Based on 7.5 hours per day

Padraig Smith                          800
Kieran Killeen                         800
Robert Doran                           800
Valda Boardman                         800
Linda Collins                          650
Denise Callan                          650

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Paul Lucaci                            650
Alan Ruane                             650
Renata Dias                            500

2. Method of Payment

Payment shall be by electronic funds transfer in to the Service Provider's bank account.

3. Service Provider's Personnel

The Service Provider's Personnel shall be as set out in the Tender (subject to the requirements of the 
ITP). The Service Provider will provide a high quality solution to ComReg delivered by an experienced 
team comprising the following persons:

Service Provider Personnel    Contract-Specific Role        Grade

Padraig Smith               Communications Consultant       Grade 1
Kieran Killeen             Managing Director              Grade 1
Robert Doran               Digital Director               Grade 1
Valda Boardman             Planner & PR Lead              Grade 1
Linda Collins              Account Manager                Grade 2
Denise Callan              Digital Account Manager        Grade 2
Paul Lucaci                Digital Designer               Grade 2
Alan Ruane                 Senior Graphic Designer        Grade 2
Renata Dias                Graphic Designer               Grade 4

[IF SUB-CONTRACTORS ARE BEING USED]:- 

Service Provider SubContractor:[INSERT NAME OF SUB-CONTRACTOR]

Sub-Contractor Personnel    Contract-Specific Role        Grade

N/A                        N/A                           N/A

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The Service Provider may not replace any of the Designated Team except in accordance with Clause 6 
of the Framework Agreement. 

The Service Provider may not add any members to the Designated Team without the prior written 
consent of ComReg. If the Service Provider wishes to add a member to the Designated Team, it shall 
submit a request in writing to ComReg identifying the name and proposed role of each proposed new 
team member. For the purposes of the hourly rates tendered by the Service Provider in its Application, 
the request should also clearly state the specific "grade" to which each proposed new member 
belongs. The request should contain a curriculum vitae for each proposed new member (including 
qualifications, training and experience and relevant corresponding dates) which clearly demonstrates 
that the proposed new member satisfies the requirements of the RFT and ITP (as appropriate). Any 
proposed new member will not be deemed to have been added to the Designated Team unless he or 
she has been approved in writing by ComReg. 

APPENDIX 3

Conflicts of Interest and Bias

The only actual or potential Conflict of Interest or Bias which the Service Provider or the 
Service Provider's Personnel has in respect of any aspect of the Services and/or the Call-Off 
Contract and any of their subject matter as at the date of this Contract Drawdown Form is 
exhaustively set out below:

N/A

The Service Provider will, among others, put in place the following measures, procedures 
and protocols in order to address any Conflict of Interest or Bias identified in this Appendix 
3 (but acknowledges that ComReg's rights, as set out in the Framework Agreement and in 
this Call-Off Contract, remain reserved): 

N/A

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APPENDIX 4

Call-Off Contract Documents

The following documents form part of this Call-Off Contract:-

1. The ITP

2. The Tender

In the event of any conflict between the ITP and the Application, the ITP shall take precedence. 

Signed/ e-signed for and on behalf of the Commission by:

Signed: 

Name:

Title:

Duly authorised on behalf of the Commission

Signed/ e-signed for and on behalf of the Service Provider by:

Signed:

Name:

Title:

Company Address:

Duly authorised on behalf of the Service Provider

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