4 November 2024
Today the Office of Government Procurement has published amended template documents for the procurement of Construction Technical Professionals or Contractors with design responsibility. Templates amended include Suitability Assessment Questionnaires (QC1 & QC2), SAQ Appendices, a new SAQ Supplemental Annex, and Instructions to Tenderers (ITT-S1a, 1b, 2a & 2b).
These amendments have been made to:
- improve user experience through improved formatting;
- introduce new Technical Capability Criteria in the SAQs;
- ensure compliance with EU Regulations; and
- harmonise ITT-S Templates with the recently published Standard Conditions of Engagement in regards to Indexation of Fees.
In Summary:
Suitability Assessment Questionnaires:
- In QC1 Part 1 and QC2 Part 1 Section 3 Suitability Assessment Criteria, new Technical Capability Criteria have been introduced. Contracting Authorities now have the option to assess Applicants on their Environmental Management Measures (3.4h) and Supply Chain Monitoring and Tracking Systems (3.4i).
This follows similar amendments to the Works Suitability Assessment Questionnaires (QWs) in August 2023.
Contracting Authorities must satisfy themselves that the evidence required is proportional to their Project Particulars. Further guidance on this will be provided in due course.
- In Section 1 Information for Applicants, new instructions have been added to account for Additional Ground for Exclusion and 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 apply.
- In QC Part 2 Applicant Details and Declaration, the declaration now allows Applicants to declare, where required in the Project Particulars, that they are compliant with European Sanctions regimes and that the necessary forms have been completed in the limited instances where Foreign Subsidies Regulations apply.
- There is now only one QC Part 2 available on the CWMF website, which can be used with QC1 Part 1 or QC2 Part 1.
- A new Suitability Assessment Questionnaire Supplemental Annex has been introduced (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.
Further information will be published shortly. Additional information on the Foreign Subsidies Regulation can be sought from the European Commission.
- QC Appendix C Letter of Undertaking re: Insurance and QC Appendix D Letter from Entity being Relied Upon have been incorporated into QC1 Part 1 and QC2 Part 1 as Appendix 1 and Appendix 2 respectively. Appendices C & D are subsequently withdrawn.
Exact changes to the QC SAQ Suite can be found here.
Instructions to Tenderers:
- The formatting and presentation of the ITT-S has been amended to improve usability throughout.
- References to “Fixed Price Lump Sum” have been amended to “Lump Sum”, as due to Indexation, fees can no longer be described as fixed for the duration of the Project.
- ITT-S1a/b for Restricted Procedures have new instructions for additional exclusion grounds.
- Section 4 Information on the Project and Services, 4.1 The Services is amended due to the removal of the Total Performance Period as a contractual term.
- Additional definitions have been added to the Glossary.
Exact changes to the ITT-Ss can be found here.
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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