27 June 2014: Building Control (Amendment) Regulations 2014 – Changes to Capital Works Management Framework template documents

Further to the News Item of 6 March 2014: Building Control (Amendment) Regulations 2014 – Procurement Implications for Contracting Authorities and the publication of GN 1.1.1 v1.0 06/03/2014, the template documents published under the Capital Works Management Framework have now been amended to reflect the changes.

The Particulars to the Instructions to Tenders – Works, indicate that the form of contract applicable to the tender is the one published on the Construction Procurement Reform website 10 days before the latest date for the receipt of tenders.  Contracting authorities should take note of this requirement should they choose to apply the new form of contract in any current tender competition.

The revised Form of Tender and Schedule (FTS9) should be used for all Construction Service Provider tenders.

The changes made to the standard template works contractors and service providers’ documents are set out in detail below.

Pillar 1 – Public Works Contracts – Amendments to PW-CF1, PW-CF3, PW-CF5, and Schedules

Clause 1 – The Contract

Sub-clause 1.1 Definitions

The following new definitions have been included:

  • Ancillary Certificate
  • Assigned Certifier
  • Building Control Regulations – note there is a slightly different wording for PW-CF3 and PW-CF5 in recognition that the Building Control Regulations will not apply to all aspects of civil engineering projects.
  • Code of Practice for Inspecting and Certifying Buildings and Works
  • Inspection Plan
  • Inspection Notification Framework

The following existing definitions have been amended:

  • Consent – ‘Ancillary Certificate’ added to the first sentence.
  • Contractor’s Documents – ‘Consents’ added to the first sentence.
  • Employer’s Personnel – ‘Assigned Certifier’ included as the last item in the list of bullet points
  • Substantial Completion of the Works or a part of the Works [including a Section] –  ‘the details in the Certificate of Compliance on Completion of the Works or a part thereof have been included on the Register maintained under Part IV of the Building Control Regulations.’ has been added as a new point (5).

Clause 4 – Management

Sub-clause 4.8.2 – ‘[including other Consents]’ has been added at the end of point (2) – Clause 4.8 not used in PW-CF5

Sub-clause 4.8.4 – ‘and any other Consents’ has been added to the end of the last line – Clause 4.8 not used in PW-CF5

Sub-clause 4.9 – ‘having regard to the requirements of the Inspection Plan and Inspection Notification Framework’ has been added to the end of the first sentence. ‘and any Inspection Plan requirements’ has been added into the square brackets at the end of the second sentence.

Sub-clause 4.11.1 – ‘including any requirements arising from the Inspection Plan and Inspection Notification Framework’ has been added to the end of the sub-clause.

A new sub-clause 4.12.2 has been added to sub-clause 4.12 Documents.

Clause 5 – Contractor’s Personnel

Sub-clause 5.5 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

A new sub-clause 5.8 Ancillary Certificates has been added.

Clause 8 – Quality, Testing and Defects

Sub-clause 8.3.1 – ‘Assigned Certifier’ has been added into the first sentence.

Sub-clause 8.3.2 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.

Sub-clause 8.3.3 –  ‘and the Assigned Certifier’ has been added after the first reference to Employer’s Representative.

Sub-clause 8.4.1 – ‘[including the Inspection Plan]’ has been added into the first sentence. ‘and the Assigned Certifier’ has been added into the second sentence.

Clause 11 Payment

Sub-clause 11.4.1 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

Schedule

Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.

Pillar 1 – Public Works Contracts – Amendments to PW-CF2, PW-CF4, and Schedules

Clause 1 – The Contract

Sub-clause 1.1 Definitions

The following new definitions have been included:

  • Ancillary Certificate
  • Assigned Certifier
  • Building Control Regulations – note there is a slightly different wording for PW-CF4 in recognition that the Building Control Regulations will not apply to all aspects of civil engineering projects.
  • Code of Practice for Inspecting and Certifying Buildings and Works
  • Design Certificate
  • Inspection Plan
  • Inspection Notification Framework

The following existing definitions have been amended:

  • Consent – ‘Ancillary Certificate’ and ‘Design Certificate’ added to the first sentence.
  • Contractor’s Documents – ‘Consents’ added to the first sentence.
  • Contractor’s Personnel – ‘Design Certifier’ added to the first sentence.
  • Employer’s Personnel – ‘Assigned Certifier’ included as the last item in the list of bullet points
  • Substantial Completion of the Works or a part of the Works [including a Section] –  ‘the details in the Certificate of Compliance on Completion of the Works or a part thereof have been included on the Register maintained under Part IV of the Building Control Regulations.’ has been added as a new point (5).

Clause 4 – Management

Sub-clause 4.8.2 – ‘[including other Consents]’ has been added at the end of point (2)

Sub-clause 4.9 – ‘having regard to the requirements of the Inspection Plan and Inspection Notification Framework’ has been added to the end of the first sentence. ‘and any Inspection Plan requirements’ has been added into the square brackets at the end of the second sentence.

Sub-clause 4.11.1 – ‘including any requirements arising from the Inspection Plan and Inspection Notification Framework’ has been added to the end of the sub-clause.

A new sub-clause 4.12.2 has been added to sub-clause 4.12 Documents.

Clause 5 – Contractor’s Personnel

Sub-clause 5.5 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

A new sub-clause 5.8 Ancillary Certificates has been added.

Clause 8 – Quality, Testing and Defects

Sub-clause 8.3.1 – ‘Assigned Certifier’ has been added into the first sentence.

Sub-clause 8.3.2 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.

Sub-clause 8.3.3 – ‘and the Assigned Certifier’ has been added after the first reference to Employer’s Representative.

Sub-clause 8.4.1 – ‘[including the Inspection Plan]’ has been added into the first sentence. ‘and the Assigned Certifier’ has been added into the second sentence.

Clause 9 – Time and Completion

Sub-clause 9.1.1 – ‘The Contractor shall give the Employer at least 20 working days’ notice prior to the date that the Contractor intends to commence constructing the Works.’ has been added as the last line of the sub-clause.

Clause 11 Payment

Sub-clause 11.4.1 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.

Schedule

Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.

Pillar 1 – Public Works Contracts – Amendments to PW-CF6

Clause 1 – The Contract

Sub-clause 1.1

The following new definitions have been included:

  • Assigned Certifier
  • Building Control Regulations – the same definition as used in PW-CF3, PW-CF4 and PW-CF5 is used here.

Sub-clause 1.2

  • The following new condition has been included under ‘substantially complete and substantial completion’ :

‘the details in the Certificate of Compliance on Completion of the Works or a part thereof have been included on the Register maintained under Part IV of the Building Control Regulations.’

Clause 2 – The Site, starting and completing the Works

Sub-clause 2.9 – ‘and shall provide any document necessary to demonstrate compliance with the Building Control Regulations’ has been added to the end of the sub-clause.

Clause 3 – The Works

Sub-clause 3.7 – ‘Assigned Certifier’ has been added into the first sentence.

Sub-clause 3.8 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.

Pillar 1 – Public Works Contracts – Amendments to PW-CF11 Term Maintenance and Refurbishment Works

Clause 1

Sub-clause 1.2 – a definition of Building Control Regulations has been added

Sub-clause 7.3 – ‘(including Contractor’s Personnel)’ has been added after the first reference to the Contractor.  ‘in conformance with the Building Regulations’ has been added after ‘good practice’, and ‘Where requested by the Employer’s Representative, the Contractor shall provide the certification necessary to comply with the Building Control Regulations.’ has been added as a new last sentence.

Pillar 1 – Forms of Tender and Schedules FTS1 to FTS5

Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.

Pillar 2 – Standard Conditions of Engagement – Amendments to Instructions to Tenderers

 ITTS1(a); ITTS1(b); ITTS2(a); and ITTS2(b)

  • New Section 5.12 Assigned Certifier.
  • New Section 5.13 Design Certificate.
    • Additions to Particulars to indicate whether the service provider will be required to provide the Assigned Certifier role (Instructions Section 5.12) or to sign the Design Certificate (Instructions section 5.13).
  • Additional rows added for quality criteria and sub-criteria.

Pillar 2 – Standard Conditions of Engagement – Amendments to Form of Tender and Schedule (Service Providers)

FTS9 and COE1 Schedule

Schedule B

  • Two new sections added on first page to indicate whether the service provider will be appointed as Assigned Certifier or whether they will be required to sign the Design Certificate.
  • Consultants Stage Services has been updated to include all Whole Stages/Sub-stages.
  • Project Supervisor for the Design Process Service section updated to reference Safety Health and Welfare (Construction) Regulations 2013.

The proposed review of the CWMF Guidance Notes will reflect the changes above.

26 May 2014 – Revision to MF 2.2 Client Instructions – Letter of Acceptance (MF 2.2 31/03/2011)

The Client Instructions to Model Form 2.2 Letter of Acceptance (MF 2.2 31/03/2011) has been revised to reflect the following amendments:
• Reference to ‘2.7 Schedule A’, under ‘5. The Brief’; and ‘6. The Pricing Schedule’ on page 3 has been amended to read ‘1.7 Schedule A’ under both 5 and 6; and
• Footer details in the document have been amended from ‘MF2.3’ to ‘MF2.2’.

9 May 2014 – Review of Public Works Contracts

On 10 December 2013, the Minister for Public Expenditure and Reform chaired the inaugural meeting of the main stakeholder bodies in the review of the public works contracts.

Fixed-price lump-sum public works contracts were introduced in February 2007 as part of the Construction Procurement Reform Initiative.  The objectives of the Initiative are to achieve greater cost certainty, better value for money and timely and more efficient delivery of projects and the public works contracts are used for all construction projects funded under the Exchequer Capital Programme.

The Office of Government Procurement is conducting the review of the public works contracts and interested parties were invited by the Minister to make written submissions.  We wish to thank all those who made a submission and would like to extend an invitation to those involved in the delivery of public works projects to provide data on the performance of the public works contracts by completing the attached on-line questionnaire, which is the next phase of the review. Performance_of_Public_Works_Contracts_Questionnaire

We would be particularly interested in participation by design teams, main contractors and public bodies who have completed public works projects to an agreed final account stage using one of the public work contracts PW-CF1 to PW-CF5 (inclusive).  Participants should be in a position to provide comprehensive data including but not limited to contract sum, final outturn cost, values for compensation events, extensions of time, etc.

Whilst this on-line questionnaire is to be completed anonymously, in the circumstances where, in the opinion of the Office of Government Procurement, the data requires further analysis we will verify the data with the relevant contracting authority. The information supplied will only be used for the purpose of the evaluation of the performance of the public works contracts and for no other purpose.

All questions with the exception of Q. 39 in the questionnaire require an answer in order to progress through the questionnaire.  The questionnaire must be completed in full – it will not be possible to save part and return to complete it at a later stage.  A template of the questionnaire for information purposes only is available to download here.  Performance of Public Works Contracts Questionnaire Template

We intend to commence the analysis of the data at the end of June and would appreciate your response to the questionnaire before then.

If you have any questions about the questionnaire, please contact us at:

publicworkscontractsreview@per.gov.ie

6 March 2014: Building Control (Amendment) Regulations 2014 – Procurement Implications for Contracting Authorities

The Building Control (Amendment) Regulations 2014 (the Regulations) apply to all buildings and works for which a Commencement Notice is submitted after 1 March 2014. The Regulations have implications for contracting authorities when procuring service providers and works contractors for public works projects. Guidance note GN 1.1.1, published today, is drafted to provide advice to contracting authorities in procuring the new roles set out in the Regulations for projects that have yet to go to tender and for those where the design team and Contractor may already be appointed but the Commencement Notice is not yet lodged. Amendments to the template documents published under the Capital Works Management Framework will follow shortly and in the interim contracting authorities are asked to read the guidance and incorporate the suggested procedures into existing and future tender competitions.

Link To: GN 1.1.1 v1.0 06/03/2014

27 January 2014 – Revisions to Public Works Contracts Documents Works Contracts to reference the Safety, Health and Welfare at Work (Construction) Regulations 2013.

The following documents for Public Works Contracts (Pillar 1) have been revised to reference the Safety, Health and Welfare at Work (Construction) Regulations 2013. The link to the HSA website in Appendices C1 and C2 have also been updated.

Contracts:      
PW-CF1
PW-CF2
PW-CF3
PW-CF4
PW-CF5
PW-CF6 and PW-CF 6 Appointment of Project Supervisor
PW-CF 7 Appointment of Project Supervisor
PW-CF 8 Appointment of Project Supervisor
PW-CF10

Model Forms:
MF10

Instructions to Tenderers:    
ITTW1
ITTW2
ITTW3
ITTW4
ITTW5

Pillar 3 Questionnaires:
QW1 and Supplements 3.4.1 to 3.4.4
QW2 and Supplements 3.4.1 to 3.4.4
QW3 and Supplements 3.4.1 to 3.4.2
Appendices C1 (QW1-QW3)
Appendices C2 (QW1 and QW2)

13 January 2014 – Revised Capital Works Management Framework (CWMF) Arbitration Rules for use with Public Works and Construction Services Contracts (AR1)

The Arbitration Rules for use with Public Works and Construction Services Contracts (AR1) have been comprehensively revised in line with the Arbitration Act 2010.  The revised rules must be used with all applicable contracts awarded subsequent to a tender deadline date of Friday, 24 January 2014. They may be used on contracts awarded prior to that date subject to the agreement of both parties.  Some notable changes include:

  • The Department of Public Expenditure and Reform reserves the right to publish the details of arbitration awards for disputes referred under the conditions of the public works contracts.
  • The introduction of a three person arbitral tribunal by agreement between parties; or where the amount in a dispute exceeds €10m.
  • Defined time periods for parties to submit a statement of case and statement of defence where appropriate.
  • References have been included in the Rules to Sections of the Arbitration Act 2010 and Articles of the UNCITRAL Model Law.

The following documents have been revised.

Pillar 1 – Contracts:

PW-CF1 Schedule dated 1/05/2013
PW-CF2 Schedule dated 1/05/2013
PW-CF3 Schedule dated 1/05/2013
PW-CF4 Schedule dated 1/05/2013
PW-CF5 Schedule dated 18/07/2013
PW-CF7 Schedule dated 1/05/2013
PW-CF10 Schedule dated 29/08/2011

Pillar 1 – Forms of Tender and Schedules:

FTS1v1.6 dated 1/05/2013
FTS2v1.6 dated 1/05/2013
FTS3 v1.7 dated 1/05/2013
FTS4 v1.7 dated 1/05/2013
FTS5 v1.7 dated 18/07/2013
FTS7 v1.3 dated 1/05/2013
FTS11 v1.1 dated 1/06/2012

Pillar 1 – Arbitration Rules:

AR1.0 v1.0 dated 28/07/2009

Pillar 2  – Standard Conditions of Engagement:

COE1 Schedule dated 18/03/2011
COE2 Schedule dated 26/02/2013

Pillar 2  – Forms of Tender and Schedules:

FTS9 v1.3 dated 18/03/2011
FTS10 v1.2 26/02/2013

Pillar 2 – Arbitration Rules:

AR1.0 v1.0 dated 28/07/2009

The following CWMF Guidance Notes will be updated shortly to reflect the revisions.

  • GN 1.0
  • GN 1.5
  • GN 1.7
  • GN 3.1
  • GL 1.0

2 January 2014 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2014:

The EU Commission has revised the Public Procurement Directive’s thresholds resulting in an increase in the thresholds for advertising in the Official Journal of the EU which comes into effect on 1 January 2014.

Regulation (EU) No 1336/2013, revising the EU thresholds for the next two years, was adopted on 13 December 2013.

The thresholds will apply from 1 January 2014. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2014.

The following CWMF Guidance Notes will be updated shortly to reflect the EU thresholds which are effective from 1 January 2014 to 31 December 2015:

  • GN 1.4 – Procurement Process for Works Contractors (v 1.1 – 17/01/2012
  •  GN 1.5 – Public Works Contract (v1.4 – 01/05/2013)
  • GN 1.6 – Procurement Process for Consultancy Services (Technical) (v1.2 – 17/01/2012)
  • GN 1.6.1 – Suitability Assessment of Service Providers, Restricted Procedure (v1.1 – 17/01/2012)
  • GN 1.6.2 – Suitability Assessment of Service Providers, Open Procedure (v1.2 – 17/01/2012)
  • GN 1.6.3 – Suitability Assessment of Construction Service Providers – Minimum Standards for Suitability Criteria
  • GN 2.3 – Procurement Process for Works Contractors (v 1.2 – 17/01/2012)
  • GN 2.3.1 – Suitability Assessment of Works Contractors, Restricted Procedure (v1.1 – 17/01/2012)
  • GN 2.3.2 – Suitability Assessment of Service Providers, Open Procedure (v1.1 – 17/01/2012)

19 December 2013: Brendan Howlin, Minister for Public Expenditure and Reform calls for submissions in respect of the Review of Public Works Contracts

On 10 December 2013, the Minister for Public Expenditure and Reform chaired the inaugural meeting of the main stakeholder bodies in the review of the public works contracts.

The public works contracts were introduced in 2007 as part of the Construction Procurement Reform Initiative and are used for all construction projects funded under the Exchequer Capital Programme.
Speaking at the meeting Minister Brendan Howlin welcomed stakeholders input to the review process stating that ‘It is important that the review is thorough but at the same time conducted expeditiously so that we can concentrate on the business at hand; delivering much needed public facilities and infrastructure.’
The Minister reminded stakeholders that the key objectives that underlie the public works contracts: cost certainty at contract award; value for money and efficient delivery of public works projects will remain core to any revisions proposed to Government as a result of the review

The Office of Government Procurement is conducting the review of the public works contracts and interested parties are invited to make written submissions by Friday, 17 January 2014.

Submissions may be sent by email to publicworkscontractsreview@per.gov.ie or by post to Public Works Contracts Review, Office of Government Procurement, Bishop’s Square, Redmond’s Hill, Dublin 2.