Section I: Contracting authority

I.1) Name, addresses and contact point(s)

Internet address(es):

General address of the contracting authority: URL: http://www.education.gov.ie

Address of the buyer profile: URL: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA01495

Further information can be obtained from:

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:

Tenders or requests to participate must be sent to:

I.2) Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions

I.3) Main activity

Education

I.4) Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1) Description

II.1.1) Title attributed to the contract by the contracting authority:

Design&Build Contractor Framework for Rapid Build Schools.

II.1.2) Type of contract and location of works, place of delivery or of performance

Works

Execution

Main site or location of works, place of delivery or of performance: Various Locations (to be confirmed).

NUTS codeIE

II.1.3) Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4) Information on framework agreement

Framework agreement with several operators

Number of participants to the framework agreement envisaged: 10

Duration of the framework agreement

Duration in years: 2

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:

Range: between 200 000 000 and 300 000 000 EUR

Frequency and value of the contracts to be awarded: Annually or more frequent.

II.1.5) Short description of the contract or purchase(s)

The Contracting Authority intends to form a Design&Build Contractor Framework based on the results of a first competition. This first competition includes the award of up to two lots of schools (see details in Annex B of the OJEU notice). If one lot proceeds solely, this lot will be deemed sufficient to form the framework. The Contracting Authority is seeking expressions of interest from Design&Build Contractors who have the capability of delivering a minimum of 4no. 16 classroom schools (circa 2,400 m2 each) within a 26 week period to the standards as set out in Technical Guidance Document - 021 'Construction Standards for Schools' and the 'Typical Output Specification for Rapid Build Schools' as published with this OJEU notice.

The duration of the framework will be for two years from the date of its formation to the issue of the tender documents on the last competition.

It is envisaged that between circa 20 and 60 school contracts will be procured from the framework. The school contracts may include extensions or new builds varying in size from GP Room extensions, 8 classroom extensions, 16 classroom extensions, new build 8 classroom, new build 16 classroom, new build 24 classroom, new build 32 classroom school and up to new build 700 pupil post primary schools. The school contracts may be procured as separate contracts or in Lots of up to 5 contracts. Each school will typically have a contract period ranging from 26 to 36 weeks depending on the size and complexity of the school. It is a requirement that the schools can be fully delivered (i.e. designed, manufactured, delivered, erected and completed) within the specified time using rapid construction methods.

The Applicant must form a team to include the Building Works Contractor, Project Supervisor Construction Stage, Architect, Mechanical and Electrical Engineer, Civil / Structural Engineer and Project Supervisor Design Process. Each member of the team will be assessed independently under a single application with the Building Contractor as the lead.

NOTE: To register your interest in this notice and obtain any additional information please visit the eTenders Web Site at URL: http://www.etenders.gov.ie/Search/Search_Switch.aspx?ID=338332
.

II.1.6) Common procurement vocabulary (CPV)

45210000

II.1.7) Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8) Lots

This contract is divided into lots: yes

Tenders may be submitted for one or more lots

II.1.9) Information about variants

Variants will be accepted: no

II.2) Quantity or scope of the contract

II.2.1) Total quantity or scope:

The award stage will require the Design (based on DoES templates) and Construction of permanent school buildings which may include rapid off site construction methods. Successful Candidates will be responsible for the development of those designs and their construction on specific sites. The Contracting Authority and the Contracting Authority's Design Team will be responsible for the preliminary design of the buildings, associated site layouts, obtaining Planning Permission and Disability Access Certificate (DAC).

It will be the responsibility of the Successful Candidate to develop the design to a detailed level, obtain a Fire Safety Certificate and address all planning and DAC conditions that may arise. The Successful Candidate's design development must be in compliance with the Planning Permission already obtained. Completion of the construction contract must be within the specified time limit, typically ranging from 26 to 36 weeks depending on the scale and complexity of the schools.

Estimated value excluding VAT:

Range: between 20 000 000 and 30 000 000 EUR

II.2.2) Information about options

Options: no

II.2.3) Information about renewals

II.3) Duration of the contract or time limit for completion

Information about lots

Lot No: 2

Lot title: Lot 2 Design&Build Contractor Framework for Rapid Build Schools

1) Short description

1 No 16 classroom design&build permanent school, using rapid construction methods.

2) Common procurement vocabulary (CPV)

45210000

3) Quantity or scope

1 no 16 classroom primary school

4) Indication about different date for duration of contract or starting/completion

5) Additional information about lots

Lot No: 1

Lot title: Lot 1 Design&Build Contractor Framework for Rapid Build Schools

1) Short description

1 no. 650 pupil post primary school and 1 no. 16 classroom school both design&build permanent schools using rapid construction methods.

2) Common procurement vocabulary (CPV)

45210000

3) Quantity or scope

1 no. 650 pupil post primary school and 1 no 16 classroom school

4) Indication about different date for duration of contract or starting/completion

5) Additional information about lots

Section III: Legal, economic, financial and technical information

III.1) Conditions relating to the contract

III.1.1) Deposits and guarantees required:

III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

III.1.4) Other particular conditions

The performance of the contract is subject to particular conditions: no

III.2) Conditions for participation

III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: See suitability Questionnaires QW1 or QC1 as relevant and associated documents (available at URL: www.etenders.gov.ie
or by email to the contact person).

III.2.2) Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: See suitability Questionnaires QW1 or QC1 as relevant and associated documents (available at URL: www.etenders.gov.ie
or by email to the contact person).

III.2.3) Technical capacity

Information and formalities necessary for evaluating if the requirements are met:

See suitability Questionnaires QW1 or QC1 as relevant and associated documents (available at URL: www.etenders.gov.ie
or by email to the contact person).

III.2.4) Information about reserved contracts

III.3) Conditions specific to services contracts

III.3.1) Information about a particular profession

III.3.2) Staff responsible for the execution of the service

Section IV: Procedure

IV.1) Type of procedure

IV.1.1) Type of procedure

Restricted

IV.1.2) Limitations on the number of operators who will be invited to tender or to participate

Envisaged number of operators: 12

Objective criteria for choosing the limited number of candidates: The 12no. Candidates shortlisted at the Suitability Assessment stage will be invited to tender for up to two lots and 10no. Candidates will be awarded a place on the framework. The duration of the framework is 2 years with an option to extend the framework for an additional year.

IV.1.3) Reduction of the number of operators during the negotiation or dialogue

IV.2) Award criteria

IV.2.1) Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2) Information about electronic auction

An electronic auction will be used: no

IV.3) Administrative information

IV.3.1) File reference number attributed by the contracting authority:

IV.3.2) Previous publication(s) concerning the same contract

IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 1.12.2011

IV.3.4) Time limit for receipt of tenders or requests to participate

12.12.2011 - 12:00

IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates

27.1.2012

IV.3.6) Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7) Minimum time frame during which the tenderer must maintain the tender

IV.3.8) Conditions for opening tenders

Section VI: Complementary information

VI.1) Information about recurrence

VI.2) Information about European Union funds

VI.3) Additional information

The Applicant is required to form a team of the following; Main Contractor, Project Supervisor Construction Stage (PSCS), Architect, Mechanical&Electrical Engineer, Civil / Structural Engineer and Project Supervisor Design Process (PSDP). The overall scoring for a Suitability Assessment Questionnaire (SAQ) application is 100 %, split as follows; Main Contractor 65 %, PSCS pass/fail, Architect 15 %, Mechanical&Electrical Engineer 10 %, Civil/ Structural Engineer 10 % and PSDP pass/fail.

The Applicant must score a minimum of 40 % in each award criterion and the Applicant must have an overall score of 50 % or greater. If these minimums are not achieved the Applicant may be removed from the competition. Those awarded a place onto the Framework will be appointed using PW-CF09 Framework Agreement for Construction Work.

The Performance Measurement Table within PW-CF09 contains Key Performance Indicators (KPI) that will monitor the performance of the framework members, it includes Employer's Objectives.

It should be noted that a Lot may comprise of a number of schools and each school will be a separate contract. Capacity of a Design&Build Contractor.

It is understood that those that pre-qualified and are awarded a place on the framework that they have the capacity to undertake 4no. 16 classroom schools in a period ranging from 26 to 36 weeks depending on the size and complexity of the contract. In future tender competitions, where lots exceed this size, the Tenderer will have to prove, when requested at that time, that they can undertake additional projects concurrently. This may occur where a single contractor is in a position to be awarded multiple lots or lots over 4no. 16 classroom schools in size.

Conflict of Interest.

Any conflict of interest or potential conflict of interest must be fully disclosed to DoES and any party that are preparing a submission in response to this OJEU Contract Notice, as soon as the conflict or potential conflict becomes apparent. In the event of any such conflict or potential conflict, DoES may at its absolute discretion decide on the appropriate course of action. In the event that a consultant is acting for more than one contractor, they must inform the contractor in advance of submitting the SAQ application.

If a consultant aligns with more than two Design&Build Contractor teams, they must show capacity inhouse to fulfill the role for more than two teams. This information must be provided within the response for this competition. In the event that a contractor wishes to substitute a consultant, a formal request must be submitted to DoES for approval. The alternative consultant must be of equal standard or better to that presented at Suitability Assessment Stage.

Collateral Warranties.

Where the design responsibility is not provided in-house to the lead applicant, Collateral Warranties (Model Form) will be required to be executed between DoES and the following; Architect, Mechanical&Electrical Engineer and Civil/Structural Engineer.

The Contracting Authority will not be liable for applicants' costs in connection with the procurement procedure, irrespective of the outcome, nor if the procedure is cancelled or postponed. The Contracting Authority has the right to terminate the procedure (or part of it), to change it, to procure the works by other means, or to do any combination of these.

Applicants will be shortlisted on the basis of the information submitted in response to this notice (all criteria have a minimum standard).

The Department of Education&Skills is subject to the requirements of the Freedom of Information Act, 1997. If an Applicant considers that any of the information supplied in response to this notice is either commercially sensitive or confidential, this should be highlighted and reasons for its sensitivity given. The relevant material will, in response to a request under the Act, be examined in the light of exemptions provided for in the Act.

It is a condition precedent to the award of any Contract within this framework that the successful tenderer will provide;

1. A current tax clearance certificate or in the case of non-resident Contractor a statement of suitability on tax grounds from the Revenue Commissioners of Ireland.

2. Evidence showing that they are in full compliance with Clause 5.3 'Pay and Conditions of Employment' of the PW-CF02 Public Works Contract for Building Works Designed by the Contractor (available at URL: www.constructionprocurement.gov.ie
).

3. Public Liability Insurance cover as stated in the Suitability Assessment Questionnaire.

4. Employers Liability Insurance cover as stated in the Suitability Assessment Questionnaire.

5. Professional Indemnity Insurance cover as stated in the Suitability Assessment Questionnaire.

Applicants must be in a position to provide all information within 7 calendar days, as stated in the Declarations provided at SAQ stage. Prior to the issue of the Invitation to Tender document, if a selected Applicant withdraws / does not provide the required information within 7 calendar days for whatever reason, the Employer reserves the right to include the next highest scoring Applicant in the invitation to tender list.

If any of the Project personnel proposed for the Framework are incapacitated or otherwise unavailable at the commencement of the Project, the Contractor must propose alternate staff of equal qualifications, experience and expertise.

The Purchasing Authority is acting on behalf of the following organisations; School Authorities funded by the Department of Education&Skills.

The Purchasing Authority is acting on behalf of the following organisations:

Bodies acting as clients, for building projects funded by the Department of Education and Skills.

(ET Ref:338332).

VI.4) Procedures for appeal

VI.4.1) Body responsible for appeal procedures

VI.4.2) Lodging of appeals

VI.4.3) Service from which information about the lodging of appeals may be obtained

VI.5) Date of dispatch of this notice:

11.11.2011