A new framework agreement has been developed for use with the Term Maintenance and Refurbishment Contract (PW-CF11). PW-CF11 may be used to address urgent maintenance requirements or where certain types of planned maintenance and refurbishment are envisaged, in a way that is cost effective, provides value for money and does not involve a new procurement process each time unscheduled or certain types of planned maintenance and refurbishment works have to be carried out.
The contract (regardless of whether a Standard or Framework Agreement is used) expires once the aggregate value of Task Orders awarded under the contract reaches the Maximum Sum of €2m or the maximum term of 2 years is reached – whichever is reached first. Lower limits may be incorporated should the Contracting Authority so wish. The aggregate value of Task Orders is the aggregate value awarded to all framework participants and does not mean that each framework participant can be awarded up to €2m of Task Orders.
Prior to the development of the framework agreement, PW-CF11 operated as a single-participant framework. The new framework agreement allows the contract to operate as a multi-participant framework providing greater flexibility to contracting authorities to award works off the framework but also to allow smaller contractors to tender for such works. For this reason we have added an Instructions to Tenderers for an open procedure to the suite of documents.
It is recommended that those interested in using the PW-CF11 first read the revised Note to Employer which may be found by clicking on (more…) which is located beside the listing for PW-CF11 under Pillar 1 – Contracts.
The introduction of the framework agreement has resulted in a number of additional documents being added to the suite of documents associated with PW-CF11 which include:
ITT W7 v1.0 – Instructions to Tenderers (Open Procedure) – The open procedure may be used regardless of whether PW-CF11 is to be awarded in conjunction with the Framework Agreement or as a standalone contract however it must be used where PW-CF11 is to be used in conjunction with a multi-participant framework.
This is a new document, up to the date of its publication there was no provision for the award of PW-CF11 through an open procedure. It follows the same format as the ITT W6.
PW-CF11 FA-ITT v1.0 – Invitation to tender for a Task Order under the Framework Agreement – This document sets out the tender rules for mini-competitions to be run under the framework options A, B1 and B2.
PW-CF11 FA v1.0 – Framework Agreement – This document sets out certain amendments to PW-CF11 to facilitate the framework operation. Framework rules are also included.
In addition to this some changes have been made to existing documents and these changes include:
PW-CF11 v1.1 – Term Maintenance and Refurbishment Contract – Amendments include:
Clause 1 – This Contract – New clauses 1.12, 1.13 and 1.14
Clause 4 – Completing Tasks – Clause 4.4 has been enlarged to include the concept of an insolvency event as defined therein.
Clause 8 – Contractor’s Personnel – New clause 8.5 which indemnifies the Employer against claims by employees or former employees of the Contractor. New clause 8.6 requiring the Contractor to provide details (to the extent allowed by the law) of those employed in conjunction with the Contract.
FTS 12 v1.1 – Form of Tender and Schedule – amended to include drop down menu option for Framework and Standard Agreements. The Framework Agreement should be used where PW-CF11 is to be used as a multi-participant or single-participant framework. The Standard Agreement must be used where PW-CF11 is used as a standalone contract.
Maximum default period of 2 years included under the ‘Term’ section of the Schedule
Maximum Sum defaults to €2m if ‘Maximum Sum’ section of the Schedule is left blank or exceeds €2m.
ITT W6 v1.1 – Instructions to Tenderers (Restricted Procedure) – In the case where PW-CF11 is to be used as a standalone document or where a single participant framework is to be set up and it is envisaged that the aggregate value of Task Orders to be awarded will exceed €250,000 then the contracting authority may consider the use of the Restricted Procedure.
This version updates the document generally to eliminate unused sections. Unused sections were included in v1.0 to maintain consistency with ITT W1 and ITT W2. As bespoke ITTs for different contracts have been developed it was decided to discontinue this practice commencing with the publication of ITT W4 v1.1 in April 2013.
Section 1 – Introduction –
· Provision for Lots added.
Section 2 – Communications –
· No change.
Section 3 – Candidates –
· Option for joint ventures added.
Section 4 – Requirements for Tenders (formerly section 5) – Section 4 was not used in v1.0.
· Addition of a description of tender documents which refers to Appendix 1.
· Section on deposits removed.
Section 5 – Non-compliant tenders (formerly section 7) – Section 6 was not used in v1.0.
· No change of substance.
Section 6 – Corrections, unbalanced and abnormal tenders and rates (formerly section 8) –
· No change.
Section 7 – Assessment of Tenders (formerly section 9) –
· Option provided to allow either a lowest price or MEAT award section 7.1.
· Clarification of Notional Tender Total included in section 7.4
Section 8 – Award Process (formerly section 10) –
· Reference to new notification letters in sections 8.1 and 8.2.
· Reference to Standard Agreement and Framework Agreement included in section 8.4 and removal of option for contract to be executed under seal.
· Removal of requirement to publish an award notice.
Appendices adjusted and new appendix added to include award criteria and weightings.
PW-CF11 SA v1.1 – Standard Agreement – This has been amended to remove the option to seal the Agreement and to remove the title ‘Deed’ from the head of the document.
PW-CF11 TO v1.1 – Task Order form – Change to footer details. This form must be completed as appropriate and issued by the Employer prior to Contractor undertaking any work. The Employer has no obligation under PW-CF11 to make any payment in the absence of a valid Task Order.
Note to Employer v1.1 – Revised to provide guidance on the use of PW-CF11 as a standalone, single-participant or multi-participant framework.