At a gathering of construction industry stakeholders in Government Buildings today, Minister of State, Simon Harris T.D. announced the outcome of the first stage of the review of the Public Works Contracts which was undertaken by the Government Contracts Committee for Construction. The event marked the publication of a report entitled “Report on the performance of the Public Works Contract” on the review by the Office of Government Procurement, which sets out recommendations for interim amendments to the contracts and a framework for a medium term strategy to inform engagement between industry stakeholders,
The interim recommendations are aimed at rebalancing risk currently transferred to contractors under the contracts in recognition of the different economic environment to the one into which the contracts were introduced in 2007 and in particular the very different challenges facing both Government and the industry in delivering construction projects.
The recommendations will be implemented by the middle of next year. Broader engagement on the procurement of public projects will take place with industry stakeholders throughout 2015. They will be invited to contribute to a medium-term strategy which will encompass procurement and recent developments in the fields of technology and legislation governing the construction industry. Key areas such as performance evaluation, risk management and different contracting strategies will also be considered as part of the strategy with recommendations to be put to Government before the end of next year.
The submissions received as part of the review of the public works contracts are available to download here.
The default value for Clause 2.1 ‘Term’ has been amended from ‘If no time period is stated or that stated exceeds two years then it shall read as two years.’ to read ‘In the case of a multi-participant framework, if no time period is stated or that stated exceeds two years then it shall read as two years. In the case of a single participant framework, if no time period is stated or that stated exceeds four years then it shall read as four years.’ to distinguish between a multi-participant and a single participant framework. This amendment reflects the guidance on the limits applicable to the use of the Term Maintenance and Refurbishment Contract in the Employer Note.
5 November 2014 – Public Consultation on Transposition of the new EU Procurement Directives
Page 2 of the Term Maintenance and Refurbishment Contract Form of Tender and Schedule has been amended to read ‘Term Maintenance and Refurbishment Works Contract’, which corrects a previous reference to ‘Short Public Works Contract’.
Version 1.1 dated 12 December 2013 has been archived.
The following amendments have been made to the Arbitration Rules for use with Public Works and Construction Services Contracts (AR1).:
- Sub-clause 2.2.5 The first ‘are’ has been replaced by the word ‘or’
- Sub-clause 4.3.1 ‘the parties the arbitral tribunal’ has been replaced with the parties and the arbitral tribunal’
- Sub-clauses 3.5.6 and 6.3 ‘Office of Government Procurement, Department of Public Expenditure and Reform, Government Buildings, Upper Merrion Street, Dublin 2’ has been amended to ‘Office of Government Procurement, Public Procurement Policy Unit, Department of Public Expenditure and Reform, Government Buildings, Upper Merrion Street, Dublin 2.
Version 1.1 dated 13 January 2014 has been archived
19 August 2014 – Revisions to Supplements 3.4.2 to Suitability Assessment Questionnaires for Works Contractors QW1 and QW3 (dated 27 January 2014)
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.
4 June 2014 – Revisions to QW3 Appendix C1 (dated 27 January 2014)
26 May 2014 – Revision to MF 2.2 Client Instructions – Letter of Acceptance (MF 2.2 31/03/2011)
9 May 2014 – Review of Public Works Contracts
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.
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.
13 January 2014 – Revised Capital Works Management Framework (CWMF) Arbitration Rules for use with Public Works and Construction Services Contracts (AR1)
2 January 2014 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2014: