In consideration of the impact the measures required by the Return to Work Safely Protocol (the ‘Protocol’) may have on works programmes, the OGP has today published a Note providing guidance for Contracting Authorities regarding both ongoing and future works and works-related services tenders. This Note provides guidance for three scenarios:

1. Where the tender process was initiated before publication of the Protocol, the deadline for receipt of Tenders has passed, and the Contract has not yet been awarded.
2. Where the tender process was initiated before publication of the Protocol and the deadline for receipt of Tenders has not yet passed.
3. Where the tender process has not yet commenced.

The note is available to download here.

The OGP has today published the template ‘Covid Co-operation Framework’ outlined in its Note published on 24 June 2020. This template framework may be used by Employers party to the standard forms of Public Works Contract listed below to engage with Contractors on a ‘without prejudice’ basis in respect of the implementation of measures on construction sites required under the Return to Work Safely Protocol.

The Covid Co-operation Framework consists of two documents: (1) Letter Agreement, and (2) Covid Notice.

Letter Agreement

• The Letter Agreement for use with PW-CF1-5 is available to download here.

• The Letter Agreement for use with PW-CF6 is available to download here.

• The Letter Agreement for use with PW-CF7 is available to download here.

Covid Notice

• The Covid Notice appended to the Letter Agreement is available to download in an  editable format here.  Note that this Covid Notice is compatible with all three Letter Agreements provided above.

Further guidance on the use of the Covid Co-operation Framework can be found in the Note published on 24 June 2020, available to download here.

The OGP has also published today an addendum to the Note of 24 June 2020 providing guidance on the use of the Covid Co-operation Framework in conjunction with PW-CF6 and PW-CF7, available to download here.

Since 18 May 2020 construction activity has been returning on all construction sites that were previously deemed non-essential in the context of the public health measures introduced to curb the spread of Covid-19. This includes the vast majority of public works projects.

In consideration of the challenges that the Return to Work Safely Protocol introduces to certain construction operations, the Office of Government Procurement is today publishing guidance for those Employers that are currently party to a standard form Public Works Contract (PWC) in relation to the implementation, by contractors, of the measures associated with meeting the requirements of the Protocol on construction sites. A template document formalising the agreement described in this note will be published next week.

This is the latest in a series of notes aimed at mitigating the impact of the necessary public health measures on the delivery of projects under the National Development Plan.

The note is available to download here.

In preparation for the re-commencement of construction activity on public works projects, subject to Government’s confirmation of the measures outlined in the Roadmap for the Reopening of Society and Business, the OGP has today published a short note and template pre-start checklist for use by Employer’s Representatives (ER) operating under the standard conditions of various forms of public works contract.

The Note and template Pre-Start Checklist is available to download here.

The template Pre-start checklist is available to download in Word format here.

On 1 May 2020, the Government further extended the Public Health Measures (and the Regulations) from 5 May 2020 until midnight of 17 May 2020.

The OGP has today published two documents:

• Update 2 to Note on procurement and contractual matters associated with the Covid-19 Response Measures

This is a further update to the Covid-19 procurement note originally published on 19 March and subsequently updated on 14 April (“Update 1”). The latest update to this note, “Update 2”, replaces the note of 14 April 2020 and is available for download here.

• Form of Letter Agreement for Applicable Period 2

This is the form of letter agreement referenced in the updated note, above. This form of letter agreement is available for download here.

Following the publication on 14th April 2020 of Update 1 to Note on procurement and contractual matters associated with the Covid-19 Response Measures, the OGP has today published the form of letter agreement to be used for a Covid-19 Ex Gratia payment by the Employer.

The form of letter agreement is available for download here.

The OGP has published an updated Note on procurement and contractual matters associated with the Covid-19 Response Measures available to download here