18 November 2024
The Office of Government Procurement has published amended template documents for the procurement of Works Contractors.
Templates amended include:
- Suitability Assessment Questionnaires (QW1, QW2, QW3a & QW Part 2)
- SAQ Appendices
- a new SAQ Supplemental Annex
- Instructions to Tenderers (ITT-W1a, 1, 2, 3, 4, 5 & 8)
These amendments have been made to:
- improve user experience through improved formatting
- streamline the procurement template documents
- ensure compliance with EU Regulations
The OGP have also published a revised SAQ Template for the assessment and formation of a Listed Panel of Specialists (QW3b Part 1 & Part 2).
QW3b is for use only where a Contracting Authority is forming a panel of Listed Panel Specialists to include in the Works Requirements for a Main Contractor Design and Build Contract (PW-CF2 or PW-CF4 only) or for an alternative to a Listed Panel Specialist proposed by the Contractor.
All other Specialists should be issued with QW3a as a supplement to the Main SAQ (QW1 or QW2).
Summary:
Suitability Assessment Questionnaires:
In QW1 Part 1 and QW2 Part 1, in Section 1 Information for Applicants/ Tenderers, Application of the Foreign Subsidies Regulation. In Section 2 Project Particulars, Contracting Authorities must indicate whether these Exclusion Grounds apply. This is subject to the value of the individual Project.
- If the Project is subject to the European Procurement Regulations, then Regulation 57 and Russian Sanctions restrictions automatically apply.
- If the Contract is valued at €250 million or greater, then Foreign Subsidies Regulations
- If the Project is valued at €15million or greater and an IPI Measure is in force, then IPI restrictions apply (there are currently no applicable IPI Measures).
The formatting in the Project Particulars have been updated for clarity; Contracting Authorities should pay special attention to the CA Notes throughout the SAQs.
In QW Part 2 Applicant Details and Declaration, the declaration now allows Applicants/ Tenderers to declare, where required in the Project Particulars, that they are compliant with European Sanctions regimes, if the Applicant has their origins in a third country affected by an IPI Measure and that the necessary forms have been completed in the limited instances where Foreign Subsidies Regulations apply.
A new Suitability Assessment Questionnaire Supplemental Annex was introduced on 4 November 2024 (FSR Annex). This is to comply with the European Union Foreign Subsidies Regulations; where Applicants must declare the sources of their funding above certain thresholds.
This applies to Competitions valued at €250 million or greater only, or in the case of Lots where the Lot is valued at €125 million or greater, and, as such, the instructions are contained within a supplement, rather than the main SAQ document. Contracting Authorities must issue the FSR Annex only in these limited circumstances and indicate in the Project Particulars when the FSR Annex applies. The same supplemental Annex can be used with Works and Works Related Services Projects.
In a restructure of the SAQ Instructions, information regarding the International Procurement Instrument has been moved into a Supplemental Annex (IPI Annex). The IPI Annex should be issued by Contracting Authorities when the €15million value threshold is breached and an applicable IPI Measure is in force. This change has been made as the OGP does not anticipate that an IPI Measure will affect many (if any) Competitions in an Irish construction context. Contracting Authorities should not change the default setting in the Project Particulars in this regard unless these circumstances have been met.
QW Appendix E- Declaration in relation to Russian Sanctions has been incorporated into QW Part 2 as part of Section 2.7 Applicants Declaration. QW Appendix F- Declaration in relation to International Procurement Instrument, has been incorporated into the new SAQ Supplemental Annex in relation to the International Procurement Instrument (IPI Annex). QW Appendices E & F are subsequently withdrawn.
Exact changes to the QW SAQ Suite can be found here.
Instructions to Tenderers
- The formatting and presentation of the ITT-W has been amended to improve usability throughout.
- References to “Fixed Price Lump Sum” have been amended to “Lump Sum”, as due to Price Variation Mechanisms, the contract sum can no longer be described as fixed for the duration of the Project.
- ITT-W1 & 1a for Restricted Procedures have new instructions for additional exclusion grounds.
- ITT-W2 has been amended to clarify which instructions apply to PW-CF2 or PW-CF4 and PW-CF7 or PW-CF8
- Additional definitions have been added to the Glossary.
Exact changes to the ITT-Ws can be found here.
Other
MF 1.21 Performance Bond (PW-CF6) has been updated to correct an issue with the execution blocks.
What should Contracting Authorities do now?
Contracting Authorities should ensure that you issue and that Applicants are responding to the most up to date versions of Suitability Assessment Questionnaires (including appendices and annexes) and Instructions to Tenderers to avail of the benefits therein.
Contracting Authorities should ensure that they are issuing and seeking responses to the most up to date versions of all Capital Works Management Framework documents.
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