News

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12 Jul 2010 – Revisions to ITT-S2 Instruction to Tender for Services, Open Procedure (15 Feb 2010 v.1.1)

In relation to ITT-S2, this document has been amended and is now split into two documents, ITT-S2(a) & ITT-S2(b) and are identified as version 1.2. The ITT-S2(a) can be used where hourly rates for extra services need to be identified. These rates are a formula in ITT-S2(a). The ITT-S2(b) can be used where tendered hourly rates for extra services need to be identified.

10 Jun 2010 – Circular 7/10 – Construction Procurement Reform – Construction Contracts and Conditions of Engagement Approval

The Department of Finance Circular 7/10, issued on 3 June 2010, should be read in conjunction with the Department’s Circulars 40/02, 33/06, 04/08 & 06/10. Circular 7/10 deals with the approval of construction contracts and conditions of engagement for publicly funded projects which are not one of the standard forms included in the Capital Works Management Framework.

10 Jun 2010 – Circular 40/02 – Public Procurement Guidelines – revision of existing procedures for approval of certain contracts in the Central Government sector

Circular 40/02 sets out revised reporting procedures in relation to Public Sector contracts and the role of the GCC which is separated into 2 distinct entities, 1) dealing with construction procurement and 2) dealing with non-construction supplies and services procurement.

02 Jun 2010 – Revisions to Model Form 1.12 Collateral Warranty (dated 28 Jul 2009)

Model Form 1.12 Collateral Warranty has been amended to include form fields in relation to sub-clauses 1.2a; 1.2b; 2.1a; 2.1b; 3.1; and 3.2. Sub-clauses 1.2a and 1.2b; and 2.1a and 2.1b are alternatives. Footnotes are included which deal with default text where both the alternative sub-clauses have been left in or deleted. Arising out of the Land and Conveyance Law Reform Act 2009 the need for individuals to seal contracts as a deed is no longer required. The signature block in relation to the seal regarding individuals in the Model Form has been amended accordingly.

31 May 2010 – Revisions to COE1 Schedule (version 2.d 22 Dec 2009) and FTS9 (version 1.1 22 Dec 2009)

Text is now included under ‘Management Services’ in Schedule B to deal with: (i) Changes to Key Team Members during a commission under ‘Reporting’ and (ii) how Conflict of Interest will be dealt with under ‘Alerts, Follow Up’.

13 May 2010 – Revision to Guidance Note 1.6 - Procurement Process for Consultancy Services (v1.0 28 Jul 2009)

This document has been amended in relation to Section 9.5 - Quality Assessment in the Instruction to Tenderers for Services, the rules have been modified

05 May 2010 – Circular 06/10 – The new Capital Works Management Framework

The Department of Finance Circular 06/10, issued on 5 May 2010, in relation to the CWMF should be read in conjunction with the Department’s Circulars 33/06 & 04/08. Circular 06/10 relates to the introduction of further Government Reform Measures in connection with Public Sector Construction Procurement. This Circular can be accessed through the link to Circulars on the navigation menu.

28 Apr 2010 – Revisions to QW3 (v1.1 14 Jan 2010)

Requirement/ Criterion 3.4g, Technicians or Technical Bodies, under Qualitative Assessment – Weighting in Section 3 has been deleted.

22 Apr 2010 – Revisions to ITT-S1 Instruction to Tender for Services, Restricted Procedure (15 Feb 2010 v.1.1)

In relation to ITT-S1, this document has been amended and is now split into two documents, ITT-S1(a) & ITT-S1(b) and are identified as version 1.2. The ITT-S1(a) can be used where hourly rates for extra services need to be identified. These rates are a formula in ITT-S1(a). The ITT-S1(b) can be used where tendered hourly rates for extra services need to be identified.

16 Apr 2010 – Revisions to ITT-W1 (v1.2 04 Nov 2009), & ITT-W2 (v1.1 04 Nov 2009)

Minor changes have been made to Appendix 5 of both ITT-W1 & ITT-W2 in relation to tendered hourly rates to co-inside with the changes made to the Schedule Forms of Contract. Minor modifications have also been made to Section 1.2. Section 9a has been added to ITT-W1 to allow for the use of negotiated procedure in exceptional circumstance as permitted under EU Procurement Directives.

16 Apr 2010 – Public procurement Remedies Regulations

Public Procurement Remedies Regulations transposing Directive 2007/66/EC were made by the Minister for Finance on 25 March 2010. SI 130 of 2010, covering public sector remedies, can be accessed in a new section ‘Regulations’ which has been set up under ‘Information’ on the Construction Procurement website. SI 131 of 2010, covering utilities sector remedies, can also be accessed under ‘Regulations’.

15 Apr 2010 – Revisions to PW-CF 9 Public Works Framework Agreement (v1.0 28 Jul 2009)

References to the 'Short Contract for Public Building and Civil Engineering Works' in Section 2.2 (Works Contracts) of the Agreement and Section 3.1 (Call off by Competition) of the Framework Rules are now form fields, which will allow a Contracting Authority to insert the relevant Public Works Contract/s for their Public Works Framework Agreement.

13 Apr 2010 – Revisions to QW1, QW2 & QW3 (v1.1 14 Jan 2010)

The Supplements & Appendices have been updated to take into account the new link to the FAQ’s on the Health & Safety Authorities’ website. No version or date change.

8 Apr 2010 – Revisions to FTS 1-5 – Schedule (v1.2 22 Dec 2009)

Changes have been made to the text in italics in Schedule Part 2D in relation to tendered hourly rates.

31 Mar 2010 – Revisions to MF1 – Model Form Consortium & MF 1.6 - Performance Bond

The provision in the Performance Bond for Surety to name an agent has been converted to form fields so that text under clause 14 can be deleted if the Surety’s office is registered in Ireland. Therefore, there is no need to name an agent.

30 Mar 2010 – Revisions to PW-CF 1-5 (v1.5 4 Nov 2009) and Schedules (22 Dec 2009)

Minor changes have been made to Contract clause 10.6.4(1) in relation to tendered hourly rates to make the intent clearer. Changes have also been made to the text in italics in Schedule Part 2D in relation to tendered hourly rates.

15 Feb 2010 – Revisions to Public Works Contracts – Note to Employers:

As a result of separating the public works contracts from the relevant Agreements; Schedules; and Appendices 7&8 PVC, which are shown separately (4 November 2009) the Note to Employers has been updated accordingly.

15 Feb 2010 – Revisions to ITTS1 (v1.0 15 Jan 2010), and ITTS2 (v1.0 15 Jan 2010):

An additional clarification has been provided under Section 9.5 (f) ‘Assessment Methodology’ (ITTS1) and Section 9.3 (f) ‘Assessment Methodology’ (ITTS2) of the Instructions to Tenderers for Consultancy Services and were published on the website on 15 February 2010 as version 1.1 dated 15 February 2010 and replace versions 1.0, which have been archived.

04 Feb 2010 – Revisions to ITT-W3 (v1.0 28 July 2009):

The Instruction to Tenderers has been updated to take into account a number of minor clerical amendments (no version change). Furthermore, the Invitation to Tender letter is now a separate document in word format so that it can be copied and pasted onto the Contracting Authorities letter headed paper.

15 Jan 2010 – Revisions to ITTS1 (v1.0 28 July 2009), and ITTS2 (v1.0 28 July 2009):

The Instructions to Tenderers for Consultancy Services have been updated to take into account a number of minor clerical amendments (no version change). Furthermore, the Invitation to Tender letter is now a separate document in word format so that it can be copied and pasted onto the Contracting Authorities letter headed paper.

14 Jan 2010 – Revisions to QW1 (v1.1 28 July 2009), QW2 (v1.1 28 July 2009) & QW3 (v1.0 28 July 2009):

These Questionnaires have been updated to take into account a number of small amendments which relate to the separation of the Supplements and Appendices into individual documents.

22 Dec 2009 - Revisions to COE1 Schedule (v.2c 28 July 2009), PW-CF1-5 Schedule (04/11/2009) and FTS1-5 (v.1.1 4 November 2009) & FTS9 (v.1 28 July 2009):

Under Clause 2.12 of the COE1 regarding Consultants Authority an additional provision has been included relating to restricting the authority for the Consultant to waive any of the clients rights or the Contractors obligations under contracts PW-CF1-5. This restriction has also been highlighted for the Contractors information in Schedule Part 1A of PW-CF 1-5. No date or version change made to Agreements or Appendix, only changes to the Schedule.

10 Dec 2009 - Revision of Public Procurement Directives’ thresholds with effect from 1 January 2010:

The EU Commission has revised the Public Procurement Directive’s thresholds resulting in a reduction in the thresholds for advertising in the Official Journal of the EU which will come into effect on 1 January 2010. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2010

27 Nov 2009 - MF 1.13 Rates of Pay and Conditions of Employment Certificate:

A signature box has been included in the Model Form Rates of Pay and Conditions of Employment Certificate, which should be used for Public Works Contracts PW-CF 1 to 5.

26 Nov 2009 - Setting of Minimum Standards for Pre-Qualification of Works Contractors:

The Minister for Finance has agreed to publish the minimum standards that are in general use by various Government Departments, Offices and Agencies, and which are in the public domain. It should be noted that the variation in standards across the public sector arises as a result of their particular application to different markets relative to scale, type, duration, nature and complexity etc. of a project bearing in mind that any minimum standard is proportionate, transparent and relevant in accordance with the requirements of national Regulations and EC Directives. It should also be noted that this is not an exhaustive list of minimum standards and that project specific minimum standards may also be specified by the contracting authority. Setting of Minimum Standards for Pre-Qualification of Works Contractors

16 Nov 2009 - Clarification in relation to 8% fee reduction for construction-related services:

The Minister for Finance has issued the attached clarification note to the Construction Industry Council in relation to the 8% fee reduction which came into effect on 1 March 2009 for services rendered after that date. Clarification Note

13 Nov 2009 - Random Selection Guidance Notes:

This guidance note deals with the use of Random Selection as a means of short listing Works Contractors who may subsequently be invited to participate in a tender competition. This method of short listing is an alternative to the marking arrangement for short listing Contractors as set out in Guidance Note 2.3.1 under the Capital Works Management Framework. It does not replace the marking method , it is an alternative and is been added to the Capital Works Management Framework so as to increase the number of options available to Contracting Authorities involved in short listing Contractors under a restricted procedure. This guidance note will be fully integrated as a separate document into the Capital Works Management Framework in due course. Random Selection Guidance Notes

6 Nov 2009 - Revisions to PW-CF 6 (v 1.5 - 4 Nov 2009):

A slight amendment has been made to Clause 2.3

4 Nov 2009 - Revisions to PW-CF 1-5 (v 1.4 28 Jul 2009) and FTS 1-5 (v 1.0 28 Jul 2009):

A small number of revisions have been made to PW-CF 1-5 and were published on the website on 4 November 2009 as version 1.5 dated 4 November 2009 and replace versions 1.4, which have been archived. The main changes are the default arrangements in relation to the Contractors rates for costs of materials and plant in Part 2 D of the Schedule. FTS1-5 – have been updated and replaced with version 1.1 dated 4 November 2009 to reflect the changes. In addition all Contracts have now been separated from the relevant Agreements; Schedules; and Appendices 7&8 PVC, which are shown separately.

4 Nov 2009 - Revisions to PW-CF 6 (v 1.4 - 28 Jul 2009):

The Contract is now shown separate on the website to the Performance Bond; Appointment of Project Supervisor; and Rates of Pay and Conditions of Employment Certificate.

4 Nov 2009 - Revisions to ITTW1 (v1.1 1 Aug 2009) and ITTW2 (v 1.0 28 Jul 2009):

The main changes that have been made to these documents are the default arrangements in the Schedule in Part 2 D in relation to the Contractors rates for costs of materials and plant. Furthermore, the Invitation to Tender letter is now a separate document in word format so that it can be copied and pasted onto the Contracting Authorities letter headed paper.

4 Nov 2009 - Revisions to FTS6 (v 1.0 28 Jul 2009):

A minor change has been made to ‘Clause 1.2 - Other documents in the Contract’ in the Schedule. The amendment is changing reference ‘Clause 1.2’ to ‘Clause 1.3’.