30 March 2016 – Reserved Specialists documents: ITTW8 and FTS13 (both v1.0); GN 2.3.3 Specialists and the Public Works Contracts (v1.1); Model Forms MF 1.19 Reserved Specialist Performance Bond and MF 1.20 Notification to named Specialists of amounts included in Main Contract Payment Certificate for named Specialist works (all dated 30/03/2016); and link to Conditions of Sub-Contract (NN) published by the Construction Industry Federation

ITTW8
A separate Instructions to Tenderer has been developed for Reserved Specialist’s tenders.

FTS13
A separate Form of Tender and Appendix has been developed in conjunction with the Construction Industry Federation (CIF) for use with the Conditions of Sub-Contract (NN) published by the CIF. The term ‘appendix’ is used in place of ‘schedule’ in this case because this is the term used throughout the form of sub-contract. The document reference ‘FTS’ has been adopted to retain its classification as one of the suite of Forms of Tender and Schedule under Pillar 1 of the CWMF.

GN 2.3.3 Specialists and the Public Works Contracts v1.0 dated 22 January 2016 has been amended as follows:

• New Appendix IV added providing a link to the Conditions of Sub-Contract (NN) published by the Construction Industry Federation
• Section 1.6.2 – Item 3. Line added to clarify that the Reserved Specialist’s Works Requirements may be issued to main contract candidates after the bulk of the main contract tender documents where the Reserved Specialist’s Works Requirements are not finalised at the commencement of the main contract tender.
• Section 1.7.1 – Clarification that the outline programme submitted by a main contract tenderer as part of their Works Proposals must be compliant with the requirements set out in the Form of Tender and Schedule, part 1G.
MF 1.19 Reserved Specialist Performance Bond
A separate model form Performance Bond has been developed for Reserved Specialist’s tenders.

MF 1.20 Notification to named Specialists of amounts included in Main Contract Payment Certificate for named Specialist works
A separate model form has been developed to meet the requirements of the amended sub-clause 11.1.3 in PW-CF 1, PW-CF3 & PW-CF5.

Conditions of Sub-Contract (NN) published by the Construction Industry Federation
A link to the above conditions of sub-contract has been provided via the Circular Documents Page here.

21 March 2016 – Model Forms MF1.18 – Appointment of Standing Conciliator; MF1.16 Appointment of Conciliator; and MF1.17 Bond – Conciliator’s Recommendation (all dated 21 March 2016)

A new Model Form MF1.18 – Appointment of Standing Conciliator (dated 21 March 2016) has been published as part of the revision of arrangements for the procurement of public works projects (Circular 01/2016 refers). The Model Form details the terms and conditions that the Standing Conciliator shall be engaged upon by the Parties to the Contract.

It should be noted that the Standing Conciliator has application only to PW-CF1 to PW-CF4 with the cited versions 2.0 and later. MF1.18 is available via the link to Circular Documents here.

Model Forms MF1.16 Appointment of Conciliator (pre-21 March 2016) has been amended as follows:
• The reference clauses for Contract forms PW-CF6, PW-CF10 and PW-CF11 have been added.
• An explanatory note has been added to Clause 3 of the form which deals with fees and expenses. The explanatory note cross references the new Model Form MF1.18 Appointment of Standing Conciliator.

MF1.16 21/03/2016 is available under Pillar 1 Model Forms.

Model Form MF1.17 Bond – Conciliator’s Recommendation (pre-21 March 2016) has been amended as follows:
• The reference clauses for Contract forms PW-CF1 to PW-CF5 have been added, and amended where necessary for cited versions v2.0 or later.

Model Form MF1.17 21/03/2016 is available under Pillar 1 Model Forms.

20 January 2016 – Publication of the amended Public Works Contracts

The Department of Public Expenditure and Reform published Circular 01/16: ‘Construction procurement – revision of arrangements for the procurement of public works projects’ on 18 January 2016.

A review of the performance of the Public Works Contract was undertaken by the Government Contracts Committee for Construction (GCCC) in 2014. The ‘Report on the Performance Review of the Public Works Contracts’ was published by the Office of Government Procurement in December 2014, setting out a series of interim recommendations and a framework for engagement of a medium term strategy for the procurement of public works projects.

Extensive consultation was undertaken throughout 2015 by the Office of Government Procurement following the publication of its proposals to implement the interim recommendations. Work on the interim recommendations which amend the Public Works Contracts is now complete and the conditions of contract for Public Works Contracts PW-CF1 – PW-CF5, inclusive, their associated tender documents and guidance have been published.

The interim measures introduced to amend the Public Works Contracts are as follows:

1. Mandatory production of a fully measured Bill of Quantities to an approved method of measurement, and inconsistencies between the Bill of Quantities and the Works Requirements, for projects using Public Works Contracts forms PW-CF1, PW-CF3 and PW-CF5, will be a Compensation Event.

The Pricing Document for Public Works Contract Forms PW-CF1, PW-CF3 and PW-CF5 shall be a Bill of Quantities to an approved method of measurement for use with the Public Works Contracts. No other document is to be included in the Pricing Document for these forms of Contract. The Schedule to the Contract will define which approved method of measurement the Bill of Quantities must be completed in accordance with and the option to transfer, to the Contractor, the risk of quantities under Schedule Part 1K(17) has been removed. (Please refer to Guidance Note GN 1.5.3 – The Pricing Document, for full details of this interim amendment)

2. The direct tendering of Specialist works packages, by the Employer, whereupon the Contractor will enter into a sub-contract with the respective successful Specialist tenderer

For all projects designed by the Contracting Authority and carried out under PW-CF1, PW-CF3 and PW-CF5 this process allows for Specialists to tender for defined Works packages directly to the Contracting Authority, and following completion of evaluation of the tender, by the Contracting Authority, the successful Specialist and the Contractor shall enter a sub-contract for a Specialist Contract Sum, which will form part of the Contract Sum with the Contractor. The Contractor will be entitled to tender, in their tender, a percentage addition for each Specialist which will form part of their Contract with the Employer. (Please refer to Guidance Note GN 2.3.3 – Specialists and the Public Works Contract, for full details of this interim amendment)

3. (i) The introduction of an informal dispute resolution process at senior management level within the respective organisations that are Parties to the Contract.
For all projects carried out under Public Works Contract forms PW-CF1 to PW-CF4, inclusive, the Parties to the Contract may engage, without prejudice, in a dispute resolution process on certain disputes prior to reference to conciliation. The Conditions of Contract detail the Dispute Management Procedure for resolution of disputed Employer’s Representative Determinations. The procedure shall consist of meetings of the Project Board, for the purpose of reviewing disputes referred thereto with the intent of reaching a resolution. (Please refer to Guidance Note GN 3.1.1 – Dispute Resolution, for full details of this interim amendment).

3. (ii) The introduction of a Standing Conciliator for pre-dispute management purposes
For all Contracts carried out using Public Works Contract form PW-CF1 to PW-CF4, inclusive, where the anticipated Contract Sum will be in excess of €10million, a Standing Conciliator must be appointed by the Parties. Where the anticipated Contract Sum will be less than €10million, the Employer will have the option of requiring a Standing Conciliator to be appointed by the Parties. The Standing Conciliator shall fulfil the role of the Conciliator in all cases, should a dispute be referred to conciliation under sub-clause 13.2. The intention behind the introduction of the Standing Conciliator is to encourage proper engagement between the Parties to assist the Parties in the avoidance of disputes, to assist the Parties in avoidance of costly and lengthy formal dispute resolution procedures, and to assist the Parties to establish agreement upon issues before they crystallise into a dispute. (Please refer to Guidance Note GN 3.1.1 – Dispute Resolution, for full details of this interim amendment).

The arrangements to be undertaken by contracting authorities are the subject of Circular 01/16. The revised arrangements are being put in place with effect from 4 April 2016 for the procurement of public works projects using the Public Works Contracts PW-CF1 – PW-CF5, inclusive.
Contracting authorities are encouraged to adopt the amended conditions of Public Works Contract from the date of their publication, however it is recognised that the extent to which they can be adopted will depend on the scope of service under which the design team has been engaged [on Employer designed contracts].
In recognition of this the Circular sets out a derogation for projects where the design team has been engaged prior to 4 April 2016 and their scope of service does not reflect the service provision required to meet the requirements of the amended forms of contract. This derogation is available for a limited period – up to 8 January 2017 – thereafter the amended forms must be used unless written sanction is given by the GCCC following an application from the Contracting Authority concerned.

End

04 January 2016 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2016:

[:en]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 2016.

The thresholds will apply from 1 January 2016. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2016

 [:GA]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 2016.

The thresholds will apply from 1 January 2016. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2016
[:]

5 August 2015: Appendix A to Suitability Assessment Questionnaires for Service Providers QC1 and QC2 (dated 06/09/2011)5 August 2015: Appendix A to Suitability Assessment Questionnaires for Service Providers QC1 and QC2 (dated 06/09/2011)

Please note that Appendix A to Suitability Assessment Questionnaires for Service Providers QC1 and QC2 (dated 29/04/2011) were incorrectly available to download as the current versions on the Construction Procurement website. The correct current versions of Appendix A to QC1 and QC2 (dated 06/09/2011) are now available under Pillar 3 – Suitability Assessment Questionnaires. Earlier versions dated 29/04/2011 are available under Archives – Pillar 3.Please note that Appendix A to Suitability Assessment Questionnaires for Service Providers QC1 and QC2 (dated 29/04/2011) were incorrectly available to download as the current versions on the Construction Procurement website. The correct current versions of Appendix A to QC1 and QC2 (dated 06/09/2011) are now available under Pillar 3 – Suitability Assessment Questionnaires. Earlier versions dated 29/04/2011 are available under Archives – Pillar 3.

13 July 2015: Standard Conditions of Engagement for Consultancy Services (Technical) (COE1) – Schedule A and B (28 May 2015); and Form of Tender and Schedule, Consultancy Services (Technical) (FTS9 v1.6 28/05/2015)13 July 2015: Standard Conditions of Engagement for Consultancy Services (Technical) (COE1) – Schedule A and B (28 May 2015); and Form of Tender and Schedule, Consultancy Services (Technical) (FTS9 v1.6 28/05/2015)

Clause 18 ‘Insurance types, terms’ – has been amended for Professional Indemnity Insurance to reflect the guidance set out in GN 1.6.3 – Suitability Assessment of Construction Service Providers – Minimum Standards for Suitability Criteria. Link to GN 1.6.3: http://constructionprocurement.gov.ie/wp-content/uploads/GN-1.6.3-Minimum-standards-v1.0-16-07-13.pdf 

2 July 2015 – GCCC Information Sessions on the forthcoming amendments to the Public Works Contracts2 July 2015 – GCCC Information Sessions on the forthcoming amendments to the Public Works Contracts

The Government Contracts Committee for Construction (GCCC) has concluded their series of information sessions on the proposed amendments to the public works contracts.

The information sessions included an overview of the objectives that underpin the public works contracts, a summary of the review process itself, the rationale behind the interim amendments and detailed descriptions of the amended conditions of contract.  The sessions also provided an opportunity to put questions to representatives of the GCCC on the conditions of contract and other aspects covered by the Capital Works Management Framework.

Copies of the presentations from the information sessions are now available here.The Government Contracts Committee for Construction (GCCC) has concluded their series of information sessions on the proposed amendments to the public works contracts.

The information sessions included an overview of the objectives that underpin the public works contracts, a summary of the review process itself, the rationale behind the interim amendments and detailed descriptions of the amended conditions of contract. The sessions also provided an opportunity to put questions to representatives of the GCCC on the conditions of contract and other aspects covered by the Capital Works Management Framework.

Copies of the presentations from the information sessions are now available here.

26th May 2015: Amending legislation is published in response to the recent Supreme Court judgement on the Remedies Regulations26th May 2015: Amending legislation is published in response to the recent Supreme Court judgement on the Remedies Regulations

In July of last year, in response to an appeal of a High Court decision not to lift the suspension of the award of a public contract, the Supreme Court held that the Remedies Regulations* did not give the court jurisdiction to lift the suspension of a contract award in the circumstances where an unsuccessful tenderer or candidate initiates proceedings to review the decision of a contracting authority to award a public contract.  An ‘automatic suspension’ effectively applies until the High Court reaches a decision on the substantive issue.

The Remedies Regulations allow tenderers or candidates who feel that a procurement process was not carried out in an open, fair and transparent manner the option of seeking recourse from the courts.

SI 130 and 131 have been amended to give leave to contracting authorities to apply to the courts to lift the ‘automatic suspension’ and to give the High Court jurisdiction to lift an ‘automatic suspension’ should it see fit to do so.

The amending Regulations (listed below) are available under Regulations on this website and are also published on the Oireachtas website under 2015 Statutory Instruments

  • S.I. No. 192/2015 – European Communities (Public Authorities Contracts) (Review Procedures) (Amendment) Regulations 2015.
  • S.I. No. 193/2015 – European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations 2015.

*SI 130 and 131 of 2010 which transpose the Remedies Directives into Irish lawIn July of last year, in response to an appeal of a High Court decision not to lift the suspension of the award of a public contract, the Supreme Court held that the Remedies Regulations* did not give the court jurisdiction to lift the suspension of a contract award in the circumstances where an unsuccessful tenderer or candidate initiates proceedings to review the decision of a contracting authority to award a public contract. An ‘automatic suspension’ effectively applies until the High Court reaches a decision on the substantive issue.

The Remedies Regulations allow tenderers or candidates who feel that a procurement process was not carried out in an open, fair and transparent manner the option of seeking recourse from the courts.

SI 130 and 131 have been amended to give leave to contracting authorities to apply to the courts to lift the ‘automatic suspension’ and to give the High Court jurisdiction to lift an ‘automatic suspension’ should it see fit to do so.

The amending Regulations (listed below) are available under Regulations on this website and are also published on the Oireachtas website under 2015 Statutory Instruments

  • S.I. No. 192/2015 – European Communities (Public Authorities Contracts) (Review Procedures) (Amendment) Regulations 2015.
  • S.I. No. 193/2015 – European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations 2015.

*SI 130 and 131 of 2010 which transpose the Remedies Directives into Irish law

26th May 2015 – GCCC Information Sessions on the forthcoming amendments to the Public Works Contracts26th May 2015 – GCCC Information Sessions on the forthcoming amendments to the Public Works Contracts

The review of the performance of the public works contracts was published in December 2014.  Arising out of that review, a series of interim amendments are being implemented which will amend the current conditions of contract used to deliver public works projects.

The Government Contracts Committee for Construction (GCCC) is hosting a series of information sessions on the amended forms of public works contracts which are due to be published in July.

The sessions will include an overview of the objectives that underpin the public works contracts, a summary of the review process itself, the rationale behind the interim amendments and detailed descriptions of the amended conditions of contract.  The sessions will also provide an opportunity to put questions to representatives of the GCCC on the conditions of contract and other aspects covered by the Capital Works Management Framework.

The venues and dates are as follows:

1. Carlow Institute of Technology Monday 15 June 2015
2. Sligo Institute of Technology Thursday 18 June 2015
3. Galway Mayo Institute of Technology Friday 19 June 2015
4. University College Cork Monday 22 June 2015
5. Trinity College Dublin Friday 26 June 2015
6. Trinity College Dublin Monday 29 June 2015

Each date will consist of a morning and afternoon session.  The morning session, from 10.00am to 1.00pm, is for public sector officials directly involved in the delivery of public works contracts either in contract administration or contract management.  The afternoon session, from 2.00pm to 5.00pm, is primarily for contractors and consultants.

The Information Sessions are free of charge but places are limited and will be allocated on a first come, first served basis.  Admission will only be possible with a booking confirmation that will be issued by email.

Please bring a copy of your email confirmation with you on the day.

To register for one of the Information Sessions please click on the link below.

Registration for Information Sessions
The review of the performance of the public works contracts was published in December 2014. Arising out of that review, a series of interim amendments are being implemented which will amend the current conditions of contract used to deliver public works projects.

The Government Contracts Committee for Construction (GCCC) is hosting a series of information sessions on the amended forms of public works contracts which are due to be published in July.

The sessions will include an overview of the objectives that underpin the public works contracts, a summary of the review process itself, the rationale behind the interim amendments and detailed descriptions of the amended conditions of contract. The sessions will also provide an opportunity to put questions to representatives of the GCCC on the conditions of contract and other aspects covered by the Capital Works Management Framework.

The venues and dates are as follows:

1. Carlow Institute of Technology Monday 15 June 2015
2. Sligo Institute of Technology Thursday 18 June 2015
3. Galway Mayo Institute of Technology Friday 19 June 2015
4. University College Cork Monday 22 June 2015
5. Trinity College Dublin Friday 26 June 2015
6. Trinity College Dublin Monday 29 June 2015

Each date will consist of a morning and afternoon session. The morning session, from 10.00am to 1.00pm, is for public sector officials directly involved in the delivery of public works contracts either in contract administration or contract management. The afternoon session, from 2.00pm to 5.00pm, is primarily for contractors and consultants.

The Information Sessions are free of charge but places are limited and will be allocated on a first come, first served basis. Admission will only be possible with a booking confirmation that will be issued by email.

Please bring a copy of your email confirmation with you on the day.

To register for one of the Information Sessions please click on the link below.

Registration for Information Sessions