Further to the publication of Circular 08/18 on 24 May 2018, which set out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 in the construction sector; GN1.5.1 – Public Works Contracts:  Managing the Pre-Contract Phase is being published today.  GN 1.5.1 (v1.1) has been updated to reflect changes to the comparative cost of tender exercise, details which are available here.

Further to the publication of Circular 08/18 on 24 May 2018, which set out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 in the construction sector; and the second phase of the revised CWMF documents  on 6 June, the final phase of the revised CWMF documents are being published today.

The amended contracts PW-CF1 to PW-CF5 inclusive being published today are to be used for all tenders, which are to be submitted on or after 7 July 2018.

An amended MF 1.13 Rates of Pay and Conditions of Employment Certificate is also being published with updated legislative references.  GN 2.3 has also been updated and other relevant guidance notes will be revised to reflect the changes introduced by Circular 08/2018.

Amended forms of PW-CF6 to PW-CF8 inclusive, PW-CF10 and PW-CF11 and the Rates of Pay and Conditions of Employment Certificate that accompanies each of these contract forms, were published on 24 May; and FTS1 to FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8 were published on 6 June.

Further to the publication of Circular 08/18 on 24 May 2018 setting out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 in the construction sector; the second phase of the publication of revised CWMF documents are being published today. This is in addition to the publication of amended forms of PW-CF6 to PW-CF8 inclusive, PW-CF10 and PW-CF11 and the Rates of Pay and Conditions of Employment Certificate that accompanies each of these contract forms, which were published on 24 May.

Publication of amended forms FTS1 to FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8 today include the revised Comparative Cost of Tender exercise and will affect the tender submission, evaluation, award and contract administration stages where the forms of contract used are PW-CF1 to PW-CF5 inclusive and the NN Sub-contract. These documents are being introduced in advance of amendments to these contracts to facilitate an orderly transition to the revised Comparative Cost of Tender exercise which is to be undertaken on all tenders using PW-CF1 to PW-CF5 inclusive and the NN Sub-contract which are to be submitted on or after 7 July 2018.

Please note that the Schedule, part 1K of FTS1, FTS3, FTS5 and FTS 13 has been changed to make the ‘expenses unavoidably incurred as a result of the delay’ as the default position for the amount to be added to the Contract Sum in accordance with sub-clause 10.7 Delay Cost.  Under the previous versions of these forms the ‘daily rate tendered by the Contractor’ was the default position and it remains the default position for FTS2 and FTS4.

Circular 08/18 setting out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 (the Act) in the construction sector was published today. Amendments have also been made to the manner in which the Comparative Cost of Tender is carried out for certain forms of contract in the CWMF.

The amendments to the CWMF fall into two categories; the first primarily affect the contract administration stage and involve updating legislative references and including references to the new legal provisions introduced under the Act. These amendments affect:
• The standard conditions of public works contract PW-CF1 – PW-CF8 inclusive, PW-CF10 and PW-CF11;
• Model Form MF 1.13 Rates of Pay and Conditions of Employment Certificate and the equivalent for PW-CF6, PW-CF7, PW-CF8 and PW-CF11;
• Guidance notes.

The second category is a change to the Comparative Cost of Tender exercise which applies to the tender, award and contract administration stages of PW-CF1 – PW-CF5 inclusive and to the Conditions of Sub-contract (NN) published by the Construction Industry Federation (the NN Sub-contract). The amendments to give effect to the change affects the following:
• The standard conditions of public works contract PW-CF1 – PW-CF5 inclusive;
• FTS1 – FTS5 inclusive: the forms of tender and schedule for use with the standard conditions of public works contract PW-CF1 – PW-CF5 inclusive;
• FTS 13: the form of tender and schedule for use with the NN Sub-contract;
• Instructions to Tenderers ITT-W1, ITT-W1a, ITT-W2 and ITT-W8;
• Guidance notes.

As noted above the amendments to the CWMF documents affect the contract administration stage under all forms of the public works contract and the tender and award stage for PW-CF-1 – PW-CF-5 inclusive and the NN Sub-contract. In order to facilitate an orderly transition to the use of the amended documents, and in particular the use of the revised Comparative Cost of Tender exercise, the introduction of the amendments will be phased. The Circular sets out the action, if any, that is necessary for contracting authorities to undertake with regards to the particular circumstances.

With regards to the change to the Comparative Cost of Tender exercise which only applies to PW-CF1 – PW-CF5 inclusive and the NN Sub-contract, contracting authorities are asked in particular to take note of whether the following circumstances apply to any of their current or imminent tender competitions;

• Where they have a tender procedure currently underway or are scheduled to commence a tender procedure after 24 May 2018, and
• The forms that apply to the tender are PW-CF1 – PW-CF5 inclusive and the NN Sub-contract (for Reserved Specialists), and
• The tender submission date is on or after 7 July 2018

Where all three circumstances apply, contracting authorities should be aware that the transitional arrangements set out in the Circular mean that the amended forms of PW-CF1 – PW-CF5 inclusive will apply to the tender along with the change to the Comparative Cost of Tender exercise.

The change to the Comparative Cost of Tender exercise may be summarised as follows:
• The requirement to tender hourly rates for labour and related costs for categories of workers in the Form of Tender and Schedule, part 2D has been removed. In its place tenderers will be asked to tender a percentage addition to the hourly rates of pay that have been established in any applicable Sectoral Employment Order.

• The percentage addition is to include all costs related to the employment of labour over and above binding pay rates for the various categories of workers that are determined in accordance with any applicable sectoral employment ordermade in compliance with the Industrial Relations Acts 1946 – 2015. It shall include Plus Rates and Allowances (a new definition of which will be provided in Sub-clause 1.1); PRSI (Pay Related Social Insurance); pension, death in service and sick pay contributions; general insurance and administrative overheads; profit. It excludes VAT.

• A limit to the percentage deduction that may be made for the costs of plant in the Form of Tender and Schedule, part 2D has been introduced. Instead of a percentage deduction of 100%, a maximum deduction of 50% is now permitted.

• Sub-clause 10.6.4 (1) of PW-CF1 – PW-CF5 inclusive has also been changed to reflect the omission of the requirement for tendered hourly rates for labour and related costs. Instead it refers to the percentage addition to the hourly rates of pay in any applicable sectoral employment order for the categories of worker required to undertake the works associated with the Compensation Event.

• Sub-clause 10.6.4 (3) of PW-CF1 – PW-CF5 inclusive has also been changed to reflect the limit to the percentage deduction that may be made for the costs of plant.

• Where forms PW-CF1, PW-CF3 and PW-CF5 are concerned the default position to determine delay cost has been changed in the associated Form of Tender and Schedule to read ‘the expenses [excluding profit and loss of profit] unavoidably incurred by the Contractor as a result of the delay to the Date for Substantial Completion of the Works caused by the Compensation Event in respect of which that date has been extended under the Contract.’ Contracting authorities may still opt to use the ‘tendered daily rate of delay’ however unless this option is selected tenderers will not be required to provide a tendered daily rate of delay and it will form no part of the Comparative Cost of Tender exercise.

Key dates in the phasing of the publication of the amendments:
24 May 2018: Publication of amended forms of PW-CF6 – PW-CF8 inclusive, PW-CF10 and PW-CF11 and the Rates of Pay and Conditions of Employment Certificate that accompanies each of these contract forms. In accordance with the tendering rules set out in Particulars to the Instructions to Tenderers documents these amended forms of contract will apply to all tenders using PW-CF6 – PW-CF8 inclusive, PW-CF10 and PW-CF11 which are to be submitted on or after the 3 June 2018.

6 June 2018: Publication of amended forms of FTS1 – FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8. These amendments include the revised Comparative Cost of Tender exercise and affect the tender submission, evaluation, award and contract administration stages where the forms of contract used are PW-CF1 – PW-CF5 inclusive and the NN Sub-contract. These documents are being introduced in advance of amendments to these contracts to facilitate an orderly transition to the revised Comparative Cost of Tender exercise which is to be undertaken on all tenders using PW-CF1 – PW-CF5 inclusive and the NN Sub-contract which are to be submitted on or after 7 July 2018.

27 June 2018: Publication of amended forms of PW-CF1 – PW-CF5 inclusive and MF 1.13 will be published. In accordance with the tendering rules set out in the Particulars to the Instructions to Tenderers documents these amended forms of contract will apply to all tenders using PW-CF1 – PW-CF5 inclusive and the NN Sub-contract which are to be submitted on or after the 7 July 2018. (These amendments reflect the amendments made in the Form of Tender and Schedule and Instructions to Tenderers published on 6 June 2018.)

Note: A Sectoral Employment Order (SEO) is established in accordance with Chapter 3 of Part 2 of the Act. An SEO imposes obligations on employers with regards to the rates of pay and conditions of employment for those categories of worker covered by the SEO. To date, two SEOs that cover certain categories of workers in the construction sector have been signed into law by the Minister of State at the Department of Business, Enterprise and Innovation, being: (i) SI 455 of 2017 covering the construction sector was signed into law on 19 October 2017; and (ii) SI 59 of 2018 covering the mechanical engineering building services contracting sector was signed into law on 6 March 2018.

The EU Commission has revised the Public Procurement Directive’s thresholds resulting in an increase in the thresholds for advertising in the Official Journal of the EU which comes into effect on 1 January 2018.

The thresholds will apply from 1 January 2018. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2018

Building Information Modelling (BIM) to be required in the design, construction and operation of public buildings and infrastructure over the next 4 years

The Minister for Public Expenditure and Reform, Paschal Donohue, T.D. and the Minister of State with special responsibility for Public Procurement, Open Government and eGovernment, Patrick O’Donovan, T.D. today set out the Government’s strategy for the increased use of digital technology in the delivery of key public works projects that are funded through the public capital programme.

The strategy will see public bodies establishing requirements for the use of Building Information Modelling (BIM) in the design, construction and operation of public buildings and infrastructure on a phased basis over the next 4 years, commencing with the larger, more complex projects, where those operating at that scale are already working through BIM. A BIM model comprises a digital dataset of all the information associated with a project’s development from the early design stage through to its operation.

Minister O’Donovan said ‘BIM is fast becoming an essential requirement for informed consumers of construction services internationally, and many countries have established BIM requirements at a national level.  It has already been successfully used on a number of complex building projects completed in Ireland in recent years, primarily in the technology and pharmaceutical sectors.  It is also being used on the National Children’s Hospital at the St James’s Hospital campus, on the Dublin Institute of Technology’s Grangegorman Campus and across the Public Private Partnership programme.’

At a European level, the significant efficiencies that BIM brings to project delivery and operation are recognised.  The 2014 Procurement Directive makes provision for its use and the European Commission has established the EU BIM Task Group to deliver a common European network aimed at aligning the use of BIM in public works.  The publication of the Task Group’s Handbook for the Introduction of BIM by Europe’s Public Sector Community at the end of June is timely in the context of the Government’s strategy.

The Government strategy has a two-fold objective, firstly to manage the adoption of BIM in an orderly fashion across the public capital programme, reducing the disruption that such change processes can bring both within the public sector and to the consultants and contractors that are engaged thereunder.  The second objective is to act as a catalyst for its wider adoption across the industry generally.  The sustained period of growth in the construction sector affords an opportunity to introduce these requirements in a managed fashion to enable industry to adapt to the new processes and procedures that BIM requires.

ENDS

Notes for Editors

A BIM model comprises a digital dataset of all the information associated with a project’s development in a manner which can be exploited for a variety of purposes:

In the early feasibility and design stages it provides the information to drive 3-dimensional visual representations of the completed facility, improving the decision-making and consultation processes.  This also reduces the potential for changes that often must be made during the construction phase as clients and designers get an accurate spatial representation of the reality.  It also allows for analysis of whole life costs; energy and structural performance, and lighting and ventilation strategies.

In the construction stage a BIM model has the capacity to cut down on waste in a number of ways.  The information in the model can be used to sequence work to a far greater degree than is currently possible, which facilitates material ordering and allows greater scope for off-site fabrication, thereby reducing waste.  This in turn reduces the down time and rework which often arises due to poor information co-ordination.  The as-built reality of the can also be more accurately recorded through photographs linked to building elements at key inspection stages before work is covered up.

In the operation phase the information contained in the model can inform the maintenance and operation regime and help pinpoint under-performance from the targets set prior to construction.

The Government has been actively promoting digital uptake in the construction sector for many years, with Enterprise Ireland (EI) being the lead agency in this regard.  EI has funded awareness and promotion across the construction industry, through industry bodies such as the Construction Information Technology Alliance.  A number of research programmes and reports on the level of BIM uptake and sector readiness across Ireland and globally has been undertaken with the support of EI and they have also supported individual businesses on their digital transition, as part of their mentoring programme to Irish businesses.  This has enabled these businesses to compete and win contracts overseas where the BIM requirement is established. In 2016, EI established the National BIM Council whose role is to develop a national road map to optimise the successful implementation of BIM in Ireland.  That roadmap is due for publication on the 1^st December.

The Government Contracts Committee for Construction (GCCC) undertook a consultation process with public bodies involved in the delivery of the capital programme and an industry-wide consultation on the basis of a position paper that was published in March 2017.  The position paper is available to download here.  The submissions received as part of the consultation are available here.  The submissions were considered before setting out recommendations to Government on the high level strategy.

Development of tools, template documents and contract protocols that will form the backbone of the requirements for BIM on public sector projects will be undertaken over the coming months under the direction of the GCCC and the Office for Government Procurement, before being officially launched.  Professionals across the project delivery spectrum of the public service will be involved in developing these requirements.

The term ‘Method of Measurement for Road Works’ is included in a number of the CWMF procurement templates and guidance material. It refers to the method of measurement that is required to be used on schemes funded by Transport Infrastructure Ireland (TII). It has been brought to our attention that the title of this document has been changed. The revised title is now Requirements for Measuring and Pricing (RMP).

From today the following templates have been updated to include the revised reference where the Bill of Quantities or Pricing Document requires definition:

Suitability Assessment Questionnaires:
QW1 (v2.0)
QW4 (v1.0)

Forms of Tender and Schedules:
FTS3 (v2.2)
FTS5 (v2.2)
FTS13 (v1.0)

Instead of ‘Method of Measurement for Road Works’ the reference is now to ‘TII’s Requirements for Measuring and Pricing (RMP).’

Guidance Note GN 1.5.3 (v1.2) has also been amended to update this reference.

The revision references for these documents have not been changed since these changes are not considered material.

Further to news item dated 15 March 2017 – Commencement of a consultation process on the adoption of Building Information Modelling (BIM) on public works projects, the submissions received as part of the consultation process on the position paper ‘A Public Sector BIM Adoption Strategy’ are available to download here.

All respondents submitted a completed questionnaire whereas some included supplementary submissions.  Both are published where applicable.

The Minister for Public Expenditure and Reform signed the Concessions Directive (2014/23/EU) into Irish law on 18th May 2017 (SI 203 of 2017 refers).  A link to the press release is available here.

Amendments were made to the Public Works Contracts including the Short Public Works Contract (PW-CF6) in June 2016 to reflect the provisions of the Construction Contracts Act (News item 28 June 2016 refers).

A new clause 4.3 was added to PW-CF6 v1.9 (dated 30 June 2016) detailing the procedure for processing final statements and payment following Substantial Completion certification. All remaining sub clauses within clause 4 were renumbered accordingly.  However there was a reference in (the re-numbered) clause 4.6, which had not been updated at that time and this has now been corrected in PW-CF6 v1.10 (dated 25 April 2017).