The Office of Government Procurement has today published amended forms of the public works contracts and conditions of engagement.  The amendments comprise of a new Data Protection clause, following the coming into force of the General Data Protection Regulation in 2018.  An ‘Information Note on GDPR in relation to Public Works Contracts and Conditions of Engagement’ is available here.

The amendments to the contracts and standard conditions of engagement are summarised here.

In respect of PW-CF10 Public Works Contract for Early Collaboration – an amended Employer Note has been published.  Please note that the PW-CF10 form of contract is no longer available on the website.  Employers are reminded that prior approval is required from the Government Committee for Construction Contracts in order to use this particular form of contract.  The Employers Note gives an overview of the key features of PW-CF10 and details of how to engage with the Construction Procurement Policy Unit in relation to its potential use for a work contract.

The Report on the Performance of the Public Works Contract, which was published in 2014, identified shortcomings across a range of areas that were contributing to poor project outcomes with regards to timely delivery, quality and cost.

It highlighted the very competitive tendering environment in the period 2009 – 2013 that followed the economic downturn that impacted both the price bid on public works contracts and construction consultancy alike.  With respect to the engagement of consultancy, it identified a link between low fees and poor service delivery.

Contracting authorities continue to report disparities with the level of service they expect and that being delivered raising questions of resourcing and sustainable fees.  This is resulting in:

• Information deficits in the Works Requirements provided in the construction tender stage;
• Delays to the project programme;
• Level of resources applied in the construction stage insufficient to ensure that progress and quality on site is to the standard required.

Through engagement with the professional bodies that represent Consultant Technical Professionals, (CTPs) and public sector bodies tasked with the delivery of the National Development Plan it has been determined that better definition of the service that is required of CTPs has the potential to significantly improve service delivery and project outcomes.

The position paper titled “Consultant Engagement Review” is now available to view here

This paper is being published as part of the development of the next generation of the Capital Works Management Framework, (CWMF) being undertaken by the Office of Government Procurement in consultation with the Government Contracts Committee for Construction.

Submissions are invited from interested parties by 24 June 2019, and should be submitted to CWMF2Submissions@ogp.gov.ie. Please note that submissions on this position paper will be published on the Construction Procurement Reform website.

The Minister for Finance and Public Expenditure and Reform, Paschal Donohoe T.D. has today (Thursday) launched a review of procurement policy for public works projects at a meeting of the Construction Sector Group.

The review will deliver significant changes to the Capital Works Management Framework (CWMF) over the coming years. The review process will involve extensive engagement both with industry stakeholders and with the public bodies charged with the delivery of public works projects on a broad range of issues and will extend over the next 12 – 18 months.

The CWMF represents the tools that a public body must use to procure and manage the external resources necessary to deliver public works projects that are delivered under the Exchequer-funded element of the National Development Plan.

Preliminary engagement and scoping has already been undertaken and, following further consultation, a range of position papers will be prepared throughout 2019 and 2020 on issues that are impacting on project delivery.  These papers will be published to facilitate wider engagement with all those working on the delivery of public works projects.

Enhanced risk management throughout a project’s lifecycle and quality of information will inform all aspects of the work programme.  Opportunities to further deploy digital technologies, such as Building Information Modelling (BIM), will also be explored with the aim of improving workflows and information management for public bodies, contractors and consultants.

Commenting on the launch, Minister Donohoe said: ‘Construction projects form a major part of Project Ireland 2040; our ambitious plan to drive Ireland’s long term economic, environmental and social progress. This new and improved approach to the manner in which we procure construction contracts will support the delivery of Project Ireland 2040 by ensuring maximum value for money while sustaining a modern, innovative, and resilient construction sector’.

“The initiative is being led by the Office of Government Procurement, in conjunction with the Government Contracts Committee for Construction, and is a key recommendation arising out of the performance review of the public works contracts.  The scope is broader on this occasion and will look at the manner in which both construction consultancy services and building contractors are procured and the contract conditions under which they are engaged.”

ENDS

Notes for Editors:

Construction Sector Group

The Construction Sector Group ensures regular and open dialogue between Government and industry on how best to achieve and maintain a sustainable and innovative construction sector positioned to successfully deliver on the commitments in Project Ireland 2040. It is made up of representatives of key industry bodies including the Association of Consulting Engineers of Ireland (ACEI), the Building Materials Federation (BMF), the Construction Industry Federation (CIF), Engineers Ireland (EI), the Irish Congress of Trade Unions (ICTU), the Irish Planning Institute, (IPI), the Royal Institute of the Architects of Ireland (RIAI), the Society of Chartered Surveyors Ireland (SCSI), as well as senior representatives of relevant Government Departments and agencies with responsibilities for policy and for the delivery of infrastructure. Itis chaired by the Secretary General of the Department of Public Expenditure and Reform. The Group reports to the Minister for Public Expenditure and Reform.

Government Contracts Committee for Construction (GCCC)

The GCCC is a forum to discuss public sector construction related issues and to provide expert advice and technical input into the development of public sector national construction procurement policy.  The OGP provides the functions of Chair and Secretariat to the GCCC.  The membership of the GCCC includes representatives from the main capital spending bodies and departments with a significant involvement in public sector construction related activities.  In order to draw on the considerable experience in procurement within the public sector, the Committee also includes bodies from outside the central government sector.

Capital Works Management Framework (CWMF)

The CWMF is a structure that has been developed to deliver the Government’s objectives in relation to public sector construction procurement reform. It consists of a suite of best practice guidance, standard contracts and generic template documents.  All the documents that make up the framework are available online at https://constructionprocurement.gov.ie/

Objectives Governing the Review

A high level strategy has been developed with the GCCC that will guide the implementation which will be addressed primarily through the progressive refinement and enhancement of the CWMF.  The following objectives summarise the strategy:

The CWMF will enable the delivery of sustainable assets under the NDP by:

• Developing procurement and contracting strategies that prioritise quality solutions and support the most efficient means of delivery;
• Embedding appropriate risk management measures within the project development, procurement and construction stages;
• Deploying digital solutions throughout the project delivery stages.

Report on the Review of the Public Works Contracts 2014

Link to report:  https://constructionprocurement.gov.ie/wp-content/uploads/Report-on-the-Review-of-the-Performance-of-the-Public-Works-Contract.pdf

Office of Government Procurement

The Office of Government Procurement (OGP), together with four key sectors (Health, Local Government, Education and Defence), has responsibility for sourcing goods and services on behalf of the public service. The OGP also has responsibility for procurement systems such as the national procurement platform, eTenders, as well as procurement policy and procedures, including construction procurement policy.

Since WE 1.0 Weather Events (v1.0 28 July 2009) was published a number of changes have taken place.  The automation of Met Éireann’s synoptic network, which measures all parameters (including wind) was completed in 2012, which resulted in an increase in the number of stations measuring wind, and the closure/relocation of a small number of stations.

In addition to the synoptic network, the climatological/rainfall network has been automated and as a result a number of the stations for Air and Precipitation thresholds no longer take readings.  However the stations now will provide readings for the foreseeable future.

On the method of percentile calculation, the calculation will continue as is but with one small change. In the previous calculations, a station was used where there was a minimum of ten years data, and the entire data series was used, including estimates for massing data.  This has now been changed to a minimum of 10 years and maximum of 30 years, this is because 30 years is a standard climatological period, and will give a consistent set of data for all stations, for the same more recent period.

A summary of the weather stations is available here.

Click here to download Weather Events WE 1.0 v1.1 22/01/2019 (PDF format).

Guidance note GN 1.0 presents an overview of the Capital Works Management Framework and the four pillars that are the key components of it and has been updated.

GN 1.0 v1.1 21/01/2019 has been published.  GN 1.0 v1.0 28/07/2009 has been archived.