News Archive – 2010

22 Dec 2010 – Revisions Guidance Note 2.3 – Procurement Process for Works (dated 28 July 2009 v.1.0)

Amendments have been made to timeframes for the tendering period under Section 3.2 Advertising and Timeframes for the Tender.

30 Nov 2010 – Revisions to Letter of Undertaking from Surety Company regarding Bond (Appendix I of QW1, QW2 & Appendix Q of GN 2.3.1.2)

The amount of the bond in the letter has been changed from a monetary amount to a percentage figure.

Also, the note has been revised for clarification.

29 Nov 2010 – Revisions to MF1.3 – Letter of Intent – Below EU Threshold – No Cross Border Interest (dated 28/07/2009) & Employers Instructions & MF1.4 Employers Instructions

MF1.3 – Letter of Intent & Employers Instructions have been revised with the addition of a footnote for clarification.

MF1.4 Employers Instructions – footnote has been added for clarification.

1 Nov 2010 – Revisions to MF1

Arising out of the introduction to the Remedies Directive 2007/66/EC the following letters have been drafted:

  • MF 1.2(e) – Letter to Successful Tenderer – Below EU Threshold – Corss Border Interest
  • MF 1.2(f) – Letter to Unsuccessful Candidate – Above EU Threshold where letter is issued at same time as letters to successful and unsuccessful tenderers – Standstill Period
  • MF 1.2(g) – Letter to Unsuccessful Candidate – Above EU Threshold – where letter is issued before the Standstill Period
  • MF 1.2(h) – Letter to Unsuccessful Candidate – Below EU Threshold Cross-Border Interest
  • MF 1.2(i) – Letter of Disqualification to Successful Candidate

12 October 2010 – Revisions to FTS 4 (version 1.3 dated 20 March 2010).

The option ‘is not’ is now included in the drop-down menu of Schedule Part E Performance Bond as it was inadvertently omitted in previous version.

08 Oct 2010 – Revision to ITT-W1, Instruction to Tender for Works, Restricted Procedure (dated 16 April 2010 v1.3)

The ITT-W1 has been amended to align with requirements set out in circular 10/10.

08 Oct 2010 – Revision to QW1, Works Contractor, Restricted Procedure (dated 7 September 2010 v1.2)

The reference to Appendix ‘G’ in Supplement 3.4.2 has been changed to Appendix ‘H’.

06 Oct 2010 – GN 2.3.1.3 Minimum Standards for Suitability Criteria for Works Contractors

This document sets out the task of establishing Minimum Standards for Suitability Criteria for Works Contractors. The template is based on the selection criteria as set out in EU Directives. Its objective is to ensure that thresholds for Suitability Assessments are set proportionate to the size, nature and complexity of a project.

05 Oct – Revision to QW1, Works Contractor, Restricted Procedure (dated 7 September 2010 v1.2)

The instruction boxes at the end of each criterion in QW1 Questionnaire and Supplements 3.4.1 & 3.4.2 have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.

30 Sept 2010 – Revision to GN 2.3.1.2 Suitability Criteria for Contractors, Submission of Evidence and Procurement Threshold (6 September v1.0) & GN 2.3.1.2.1 Reconciliation of Appendices in GN 2.3.1.2 and QW1, QW2 and QW3

Three new Appendices, Q, R & S, have been added to Guidance Note 2.3.1.2 & Guidance Note 2.3.1.2.1.

27 Sep 2010 – Revision to QW3, Works Specialist for Specialist Area of Works (dated 14 January 2010 v1.1)

The QW3 Questionnaire and attached Appendices and Supplements have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.

20 Sep 2010 – Revision to QW2, Works Contractor, Open Procedure (dated 14 January 2010 v1.1)

The QW2 Questionnaire and attached Appendices and Supplements have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.

7 Sept 2010 – Revision to QW1, Works Contractor, Restricted Procedure (dated 14 January 2010 v1.1) & GN 2.3.1.2.1 Reconciliation of Appendices in GN 2.3.1.2 with Appendices in QW1, QW2 and QW3

The QW1 Questionnaire and attached Appendices and Supplements have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.

This guidance note has been created to reconcile Appendices in GN 2.3.1.2 and QW1, QW2 and QW3.

06 Sep 2010 – Revision to GN 2.3.1.2 Suitability Criteria for Contractors, Submission of Evidence and Procurement Threshold (13 Aug 2010 v1.0)

Two new Appendices, O & P, in relation to meeting the minimum health and safety standards in regard to educational and professional qualifications have been added to Guidance Note 2.3.1.2. Also a few minor amendments have been made.

18 Aug 2010 – Circular 10/10 – Facilitating SME Participation in Public Procurement

The Department of Finance issued on 13 August 2010 Circular 10/10 and accompanying guidance documents on measures to help improve SME participation in public procurement. Circular 10/10 sets out the positive measures that Government requires contracting authorities to follow so as to promote SME involvement in a manner that is consistent with the principles and rules of the existing public procurement regulatory regime.

18 Aug 2010 – GN 2.3.1.2 – Suitability Criteria for Contractors, Submission of Evidence and Procurement Threshold

The new Guidance note 2.3.1.2 that is included in the Capital Works Management Framework aims to assist contracting authorities structure and run their competitive processes for public contracts in a manner that facilitates increased participation by SMEs, while they continue to ensure that all public sector purchasing is carried out in a manner that is legal, transparent, and secures optimal value for money for the taxpayer.

27 Jul 2010 – Revisions to MF1.2 – Letter to Apparently Unsuccessful Tenderer (28 Jul 2009)

Arising out of the introduction to the Remedies Directive 2007/66/EC the following letters have been drafted and are included in Model Form 1.2:

  • MF 1.2(a) – Letter to Unsuccessful Tenderer – Procurement Above EU Threshold
  • MF 1.2(b) – Letter to Unsuccessful Tenderer – Below EU Threshold – Cross-Border
  • MF 1.2(c) – Letter to Unsuccessful Tenderer – Below EU Threshold and no Cross-Border Interest
  • MF 1.2(d) – Letter to Successful Tender – Procurement Above EU Threshold

12 Jul 2010 – Revisions to ITT-S2 Instruction to Tender for Services, Open Procedure (15 Feb 2010 v.1.1)

In relation to ITT-S2, this document has been amended and is now split into two documents, ITT-S2(a) & ITT-S2(b) and are identified as version 1.2. The ITT-S2(a) can be used where hourly rates for extra services need to be identified. These rates are a formula in ITT-S2(a). The ITT-S2(b) can be used where tendered hourly rates for extra services need to be identified.

10 Jun 2010 – Circular 7/10 – Construction Procurement Reform – Construction Contracts and Conditions of Engagement Approval

The Department of Finance Circular 7/10, issued on 3 June 2010, should be read in conjunction with the Department’s Circulars 40/02, 33/06, 04/08 & 06/10. Circular 7/10 deals with the approval of construction contracts and conditions of engagement for publicly funded projects which are not one of the standard forms included in the Capital Works Management Framework.

10 Jun 2010 – Circular 40/02 – Public Procurement Guidelines – revision of existing procedures for approval of certain contracts in the Central Government sector

Circular 40/02 sets out revised reporting procedures in relation to Public Sector contracts and the role of the GCC which is separated into 2 distinct entities, 1) dealing with construction procurement and 2) dealing with non-construction supplies and services procurement.

02 Jun 2010 – Revisions to Model Form 1.12 Collateral Warranty (dated 28 Jul 2009)

Model Form 1.12 Collateral Warranty has been amended to include form fields in relation to sub-clauses 1.2a; 1.2b; 2.1a; 2.1b; 3.1; and 3.2. Sub-clauses 1.2a and 1.2b; and 2.1a and 2.1b are alternatives. Footnotes are included which deal with default text where both the alternative sub-clauses have been left in or deleted. Arising out of the Land and Conveyance Law Reform Act 2009 the need for individuals to seal contracts as a deed is no longer required. The signature block in relation to the seal regarding individuals in the Model Form has been amended accordingly.

31 May 2010 – Revisions to COE1 Schedule (version 2.d 22 Dec 2009) and FTS9 (version 1.1 22 Dec 2009)

Text is now included under ‘Management Services’ in Schedule B to deal with: (i) Changes to Key Team Members during a commission under ‘Reporting’ and (ii) how Conflict of Interest will be dealt with under ‘Alerts, Follow Up’.

13 May 2010 – Revision to Guidance Note 1.6 – Procurement Process for Consultancy Services (v1.0 28 Jul 2009)

This document has been amended in relation to Section 9.5 – Quality Assessment in the Instruction to Tenderers for Services, the rules have been modified

05 May 2010 – Circular 06/10 – The new Capital Works Management Framework

The Department of Finance Circular 06/10, issued on 5 May 2010, in relation to the CWMF should be read in conjunction with the Department’s Circulars 33/06 & 04/08. Circular 06/10 relates to the introduction of further Government Reform Measures in connection with Public Sector Construction Procurement. This Circular can be accessed through the link to Circulars on the navigation menu.

28 Apr 2010 – Revisions to QW3 (v1.1 14 Jan 2010)

Requirement/ Criterion 3.4g, Technicians or Technical Bodies, under Qualitative Assessment – Weighting in Section 3 has been deleted.

22 Apr 2010 – Revisions to ITT-S1 Instruction to Tender for Services, Restricted Procedure (15 Feb 2010 v.1.1)

In relation to ITT-S1, this document has been amended and is now split into two documents, ITT-S1(a) & ITT-S1(b) and are identified as version 1.2. The ITT-S1(a) can be used where hourly rates for extra services need to be identified. These rates are a formula in ITT-S1(a). The ITT-S1(b) can be used where tendered hourly rates for extra services need to be identified.

16 Apr 2010 – Revisions to ITT-W1 (v1.2 04 Nov 2009), & ITT-W2 (v1.1 04 Nov 2009)

Minor changes have been made to Appendix 5 of both ITT-W1 & ITT-W2 in relation to tendered hourly rates to co-inside with the changes made to the Schedule Forms of Contract. Minor modifications have also been made to Section 1.2. Section 9a has been added to ITT-W1 to allow for the use of negotiated procedure in exceptional circumstance as permitted under EU Procurement Directives.

16 Apr 2010 – Public procurement Remedies Regulations

Public Procurement Remedies Regulations transposing Directive 2007/66/EC were made by the Minister for Finance on 25 March 2010. SI 130 of 2010, covering public sector remedies, can be accessed in a new section ‘Regulations’ which has been set up under ‘Information’ on the Construction Procurement website. SI 131 of 2010, covering utilities sector remedies, can also be accessed under ‘Regulations’.

15 Apr 2010 – Revisions to PW-CF 9 Public Works Framework Agreement (v1.0 28 Jul 2009)

References to the ‘Short Contract for Public Building and Civil Engineering Works’ in Section 2.2 (Works Contracts) of the Agreement and Section 3.1 (Call off by Competition) of the Framework Rules are now form fields, which will allow a Contracting Authority to insert the relevant Public Works Contract/s for their Public Works Framework Agreement.

13 Apr 2010 – Revisions to QW1, QW2 & QW3 (v1.1 14 Jan 2010)

The Supplements & Appendices have been updated to take into account the new link to the FAQ’s on the Health & Safety Authorities’ website. No version or date change.

8 Apr 2010 – Revisions to FTS 1-5 – Schedule (v1.2 22 Dec 2009)

Changes have been made to the text in italics in Schedule Part 2D in relation to tendered hourly rates.

31 Mar 2010 – Revisions to MF1 – Model Form Consortium & MF 1.6 – Performance Bond

The provision in the Performance Bond for Surety to name an agent has been converted to form fields so that text under clause 14 can be deleted if the Surety’s office is registered in Ireland. Therefore, there is no need to name an agent.

30 Mar 2010 – Revisions to PW-CF 1-5 (v1.5 4 Nov 2009) and Schedules (22 Dec 2009)

Minor changes have been made to Contract clause 10.6.4(1) in relation to tendered hourly rates to make the intent clearer. Changes have also been made to the text in italics in Schedule Part 2D in relation to tendered hourly rates.

15 Feb 2010 – Revisions to Public Works Contracts – Note to Employers:

As a result of separating the public works contracts from the relevant Agreements; Schedules; and Appendices 7&8 PVC, which are shown separately (4 November 2009) the Note to Employers has been updated accordingly.

15 Feb 2010 – Revisions to ITTS1 (v1.0 15 Jan 2010), and ITTS2 (v1.0 15 Jan 2010):

An additional clarification has been provided under Section 9.5 (f) ‘Assessment Methodology’ (ITTS1) and Section 9.3 (f) ‘Assessment Methodology’ (ITTS2) of the Instructions to Tenderers for Consultancy Services and were published on the website on 15 February 2010 as version 1.1 dated 15 February 2010 and replace versions 1.0, which have been archived.

04 Feb 2010 – Revisions to ITT-W3 (v1.0 28 July 2009):

The Instruction to Tenderers has been updated to take into account a number of minor clerical amendments (no version change). Furthermore, the Invitation to Tender letter is now a separate document in word format so that it can be copied and pasted onto the Contracting Authorities letter headed paper.

15 Jan 2010 – Revisions to ITTS1 (v1.0 28 July 2009), and ITTS2 (v1.0 28 July 2009):

The Instructions to Tenderers for Consultancy Services have been updated to take into account a number of minor clerical amendments (no version change). Furthermore, the Invitation to Tender letter is now a separate document in word format so that it can be copied and pasted onto the Contracting Authorities letter headed paper.

14 Jan 2010 – Revisions to QW1 (v1.1 28 July 2009), QW2 (v1.1 28 July 2009) & QW3 (v1.0 28 July 2009):

These Questionnaires have been updated to take into account a number of small amendments which relate to the separation of the Supplements and Appendices into individual documents.