ITT Document For Footpath, Roadway Restoration and Ancillary Works

29 Pages·2014·0.11 MB·English

Footpath, Roadway Restoration and Ancillary Works

INSTRUCTIONS DOCUMENT

FOR

REQUEST FOR APPLICATIONS

FOR

APPOINTMENT TO A MULTI-PARTY FRAMEWORK AGREEMENT

FOR

FOOTPATH AND ROAD PAVEMENT RESTORATION AND ANCILLARY WORKS FOR THE PUBLIC
SECTOR (FOR WORKS ANTICIPATED TO BE LESS THAN € 50,000).

TENDER REFERENCE NUMBER: FOOTPATH AND ROAD PAVEMENT RESTORATION AND
ANCILLARY WORKS, 2015/2016.

CLOSING DAY: FRIDAY

CLOSING DATE: 10th OCTOBER 2014

CLOSING TIME: 15:00

DATED ISSUED: 29th AUGUST 2014

Contractors must register their interest online at www.LAQuotes.ie and forward the necessary documents as
outlined in these instructions.

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CONTENTS

Section Description Page No

1.0 Introduction and Project Description 3

2.0 The Setting Up and Operation of the Framework 6

3.0 General Information 9

13
4.0 Appendices and Schedules

Appendix 1 Contracting Authorities
2 Indicative Timetable
3 Indicative Criteria for Mini Competitions
4 Glossary

Schedule 1 General Specification Document
2 Categories of Works Tendered
3 Contractors Checklist

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1.0 INTRODUCTION AND PROJECT DESCRIPTION

The Local Government Operational Procurement Centre (LGOPC) acting as a Central Procurement Authority
(CPA) under the auspices of Kerry County Council is coordinating the establishment of a Framework of
contractors on behalf of the Contracting Authorities listed in Appendix No 1.

This Framework relates to the procurement of contractors for the purpose of Footpath and Road Pavement
Restoration and Ancillary Works to the Contracting Authorities for Works anticipated to be less than € 50,000
(net of VAT).

For information a separate framework for supply only of Road Making Materials is being advertised in parallel
to this framework.

The establishment of this Framework will be carried out utilising the LAQuotes online procurement system.

The appointment to the Framework is being made by a process of competitive tender using the Open
Procedure. The regulatory framework applicable to the tender process comprises Directive 2004/18/EC of
the European Parliament and of the Council, on the coordination of procedures for the award of public works
contracts, public supply contracts and public service contracts implemented into Irish law by European
Communities (Award of Public Authorities’ Contracts) Regulations 2006, S.I. No. 329 of 2006. The tender
process is being conducted in compliance with the legal framework established by this legislation.

The total value of contracts that will be awarded pursuant to this Framework will exceed the threshold for
the application of the EU Procurement Directives. LGOPC have published a contract notice on Official Journal
of the EU (OJEU) and on the www.etenders.gov.ie website on August 29th 2014.

Contractors are required to express their interest online at www.LAQuotes.ie only no later than 15:00 hours
on the 10th October 2014.

Please note that all information relating to this Framework, including instructions, clarifications and changes,
will be published on the Irish Government's eTenders website (www.etenders.gov.ie) only.

Any advice of a modification to the Request for Tenders shall be issued at least five days (5) before the
Closing Date as indicated on www.etenders.gov.ie and shall be issued as an addendum to, and shall be
deemed to constitute part of, the Request for Applications. If necessary the LGOPC shall revise the Closing
Date in order to comply with this requirement.

The LGOPC invites Applications from Contractors who wish to be included on this Framework for Supply and
Placement of Road Making Materials for the requirements of the Contracting Authorities that may arise from
time to time during the duration of the Framework.

The Contractors that are admitted to the Framework will be invited to participate in mini-competitions by the
Contracting Authorities for nominated works. These works will be carried out under the appropriate form of
public works contract as notified at mini-competition stage namely Public Works Short Form of Contract, PW-
CF6.

Applications for admittance to the Framework will be assessed in accordance with the criteria set out in
Section 2. If a Contractor’s Application for admittance to the Framework is successful, the Contractor will be
invited to enter into the Framework Agreement (a copy is available for review at LAQuotes.ie).

When submitting Applications, Contractors will have the option of nominating which Local Authority they
wish to be considered for. Contracting Authorities will then, as works arise, issue a Request for Mini-Tenders
to all those appointed to the Framework who have registered their interest in their particular location.

Appendix 4 to these Instructions contains a glossary of terms. Unless the context otherwise requires,
capitalised terms in these Instructions have the meaning given in the glossary of terms.

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Applications to the Framework and the Duration of the Framework

The LGOPC expect to set up the Framework in accordance with the indicative timetable set out in Appendix
2 but reserve the right in its absolute discretion to amend that timetable.

It is anticipated that the Framework will commence in January 2015 and that the term of the Framework will
be for 24 months (2015/2016) from establishment with an option to the LGOPC of two further 12 month
extensions.

Please read these Instructions carefully and complete all forms as requested. Failure to provide all the
requested information may result in your application being deemed non-compliant. If a section of the online
questionnaire is not applicable to your operations please indicate N/A.

The LGOPC will not accept responsibility for information relayed (or not relayed) via third parties.

If the Contractor alters or edits these Instructions, that Contractor’s Application may be deemed
inadmissible.

The LGOPC reserves the right to update, delete, vary, extend or alter this Request for Applications and the
information and documents contained herein at any time by notice by email to Contractors.

Each Contractors costs will be the sole liability of that Contractor. The LGOPC has no obligation to reimburse
the Contractor in respect of costs incurred by it in the preparation of its application or otherwise as a result
of its participation in the process, whatsoever or howsoever arising.

Contractors are required to complete the Suitability Assessment Questionnaire including Supplements 3.4.1,
3.4.2 and referenced appendices, declarations etc. and submit them in hardcopy to the LGOPC.

Contractors who may be registering an interest in a number of Local Authorities need only submit one copy
of the Suitability Assessment Questionnaire, Supplements 3.4.1 and 3.4.2 with the referenced appendices,
declarations etc.

Contractors will be required if successful to get their Insurance Brokers/Company to complete the Insurance
Questionnaires online at www.LAQuotes.ie.

Contractors are required to complete or submit all other information as requested in the Checklist in
Schedule 3 prior to commencing any contract.

Format of Submissions

All Information submitted by the applicant must be in loose leaf format in a twin ring binder
only. Pages in documents should not be stapled together or bound in any other way. The
Supplier Identification (LAQuotes No) should be clearly marked on all materials submitted.

Termination from the Framework

A Contractor may be terminated from the Framework pursuant to the terms of the Framework Agreement.

The Framework may be terminated at any time during the 24 month period and any other 12 month
extensions at the sole and absolute discretion of the LGOPC and the Contracting Authorities.

Communications and Clarifications

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It is mandatory that all Contractors provide an email address for receiving correspondence during the
Evaluation Period and also for any Mini-Competitions as they arise. The email address information is to be
provided online at www.LAQuotes.ie under the Contractors details section.

During the Evaluation Period, clarification may be sought via e-mail from Contractors. Responses to requests
for clarification may not materially change any of the elements of the Application submitted.

Contractors are required to fully comply with these Instructions when preparing their Applications and
participating in this process. It is up to the Contractor to ensure that they fully understand the requirements
of these Instructions. Where a Contractor does not fully understand the requirements, the query should be
logged on www.etenders.gov.ie.

If a Contractor fails to comply in any way with these Instructions, the LGOPC may (but is not obliged to)
disqualify the Contractor concerned and reject its Application. Without prejudice to this right, the LGOPC
may (but is not obliged to) seek clarification or further information from the Contractor (that does not
materially alter its Application) or take any other step permitted by law.

The Works and Technical Standards

The appointed Contactor will be fully responsible for the quality of the materials and their compliance with
the technical requirements as set out in the tender documents. Compliance will be verified by use of
material conformance testing (remote and in-situ) and reference to the quality management systems within
the production plant.

The proposed works include but are not limited to those as listed in Schedule 2.

All works will be undertaken in compliance with the technical standards as detailed in Schedules 1 and 2 and
any further technical requirements as set out in the Mini Competitions.

Contractors will be fully liable for all products supplied and placed by them through the course of any draw
down contract. Contractors will confirm;

o that all construction products associated with harmonised Standards will be CE marked and have a
Declaration of Performance

o that the contractor by submitting a Declaration of Performance (even if prepared by others) is assuming
full legal responsibility for the conformity of the construction product with its declared performance

o that together with the technical specification, the Declaration of Performance will give all the information
needed to judge whether the product(s) meets the essential characteristics in accordance with the
applicable harmonised technical specifications

o that the CE mark shall be followed by the two last digits of the year in which it was first affixed, the
name and the registered address of the manufacturer, or the identifying mark allowing identification of
the name and address of the manufacturer easily and without any ambiguity

o That certification of an organisations Factory Production Control system by a notified body will be
available if so required under the regulation and requested
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2.0 THE SETTING UP AND OPERATION OF THE FRAMEWORK

Applications for admittance to the Framework will be checked;

o to ensure that they are complete and include all information required;

o to ensure that they comply with the requirements of these Instructions; and

o to ensure that the required information has been submitted in hardcopy and on-line as required at
www.LAQuotes.ie by the Closing Date.

Following this, Contractors' suitability will be assessed in accordance with the criteria set out below.

Note: If Contractors submit Online Declarations that are later discovered to be false the Contractor will be
immediately eliminated from the Framework.

Criteria applying for admittance to the Framework Weighting

o Suitability Assessment Questionnaire (SAQ) submitted Pass/Fail

Contractors must fully complete the Suitability Assessment Questionnaire and
Supplements (note; further criteria are listed in the SAQ which will apply to applicants in
addition to those listed in this table for the purpose of admittance to the Framework –
refer to the checklist in Schedule 3). Particular attention is drawn to attachments B1,
B2 and B3.

o Financial and Economic Standing (as set out in the SAQ) Pass/Fail

Specific criteria are set out in the SAQ with regard to Financial and Economic Standing.

o Relevant Experience (as set out in the SAQ, B1, B2, B3) Pass/Fail

The Contractor must have satisfactory experience and must have successfully completed
similar works to those as set out in Schedule 2 these works must have contributed to
the Financial and Economic Standing threshold.

o Specification Pass/Fail

Confirmation that the requirements of the Specification set out in Schedule 1 of this
document can and will be complied with.

o Insurance Pass/Fail

Contractors must complete the declaration that they will have in place the relevant
insurance as outlined in the SAQ and have it in place prior to commencing any contract.

o Health & Safety Pass/Fail

Contractors must complete the declaration that they are complying with all relevant
Health & Safety Legislation. A copy of their current safety statement must be available
on www.LAQuotes.ie. Contractors are also required to complete the Health and Safety
Supplements (3.4.1 and 3.4.2) as included in the SAQ or the appropriate declaration.

o Safe Pass Card Pass/Fail

Contractors are required to confirm that they have a valid Safe Pass Card with Fás
Accreditation for employees or equivalent online at www.LAQuotes.ie.
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o Tax Compliance – current Tax Clearance Certificate Pass/Fail

Contractors are required to confirm online at www.LAQuotes.ie that they are tax
compliant.

o Pay Rates Pass/Fail

Contractors are required to confirm online at www.LAQuotes.ie that they comply with all
statutory requirements in relation to PAYE, PRSI, etc.

o Quarry Compliance Pass/Fail

Contractors are required to complete the declaration online at www.LAQuotes.ie that
their quarry source is compliant with the relevant provisions of:

o SI No. 566 of 2009, The Waste Management (Management of Waste from
the Extractive Industries) Regulations 2009; and

o Section 261 of the Planning and Development Acts, 2000 to 2011 and/or
have planning permission pursuant to the above Acts (as may be
amended).

and all statutorily required permits as may be necessary for each quarry source facility
nominated (for example discharge licence under Section 4 of the Water Pollution Acts
1977 - 1990).

o Construction Product Regulations. Pass/Fail

Contractors are required to complete the declaration (available for download on the
forms tab of www.LAQuotes.ie ) that;

o they confirm and acknowledge that they will be fully liable for all products supplied
and placed by them through the course of any draw down contract

o that all construction products associated with harmonised Standards will be CE
marked and have a Declaration of Performance

o that the contractor by submitting a Declaration of Performance (even if prepared by
others) is assuming full legal responsibility for the conformity of the construction
product with its declared performance

o that together with the technical specification, the Declaration of Performance will
give all the information needed to judge whether the product(s) meets the essential
characteristics in accordance with the applicable harmonised technical specifications

o that the CE mark shall be followed by the two last digits of the year in which it was
first affixed, the name and the registered address of the manufacturer, or the
identifying mark allowing identification of the name and address of the
manufacturer easily and without any ambiguity

o That certification of an organisation’s Factory Production Control system by a
notified body will be available if so required under the regulations and if requested

o NRA Specification Pass/Fail

Contractors are required to complete the declaration (available for download on the
forms tab of www.LAQuotes.ie ) that;

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o all construction products supplied by them (or sourced from others for use in the
works) will comply with the NRA Specification for Roadworks – documentary
evidence of this will be required at draw down stage

o they confirm and acknowledge that they will be fully liable for all products supplied
and placed by them through the course of any draw down contract

o Conflicts of Interest Pass/Fail

Contractors are required to confirm online at www.LAQuotes.ie that there are no
existing conflicts of interest

Award Criteria Weighting

Contractors must provide confirmation that they can meet a delivery date of 6 months Pass/Fail
for each draw-down contract as may be awarded pursuant to the Framework
Agreement.

ONLY CONTRACTORS INCLUDED ON THE FRAMEWORK WILL BE ASKED TO TENDER FOR MINI
COMPETITIONS

Indicative Criteria for Mini Competitions are set out in Appendix 3.

Following the evaluation, all Contractors will be notified of the outcome of the evaluation. Following the
expiry of a standstill period, successful Contractors will be required to sign and return the Framework
Agreement, a copy of which can be downloaded from www.LAQuotes.ie or www.etenders.gov.ie.

Some documents will have to be completed in hardcopy – a checklist is included in Schedule 3.

No amendments to the Framework Agreement will be accepted or negotiated. Should a successful
Contractor fail to enter into a Framework Agreement in the required form, that Contractor shall not be
appointed to the Framework. The Framework Agreement includes the terms and conditions of any Draw-
down Contract awarded to members of the Framework.

No part of the Application will be returned to the Contractor.

The appointment of the successful Contractor to the Framework does not constitute a commitment or
guarantee from the LGOPC or any Contracting Authority to purchase or procure works from the Contractor
and does not confer any exclusivity on the appointed Contractor. The LGOPC and Contracting Authorities
reserve the right to carry out separate procurement processes for any works as described in this competition
from any Contractor outside of the Framework should they, at their sole discretion, consider it appropriate to
do so.

Successful Framework Contractors will be required to comply with the Safety, Health and Welfare at Work
Act 2005 and any subsequent Safety, Health and Welfare legislation including and Safety Health and Welfare
at Work (Construction) Regulations 2013. Successful Contractors who are subsequently awarded works will
be appointed Project Supervisor for the Construction Stage (PSCS) in accordance with the Safety, Health and
Welfare at Work (Construction) Regulations 2013.

Operation of Mini-Competitions

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On each occasion that a Contracting Authority decides, at its discretion, to award a Draw-down Contract
from the Framework it will do so by way of Mini-Competition.

The relevant Contracting Authority shall issue a Request for Mini Tender to all relevant Framework
Contractors via the LAQuotes system.

The Framework Contractor shall comply with any procedures, processes, time limits, instructions or other
requirements as issued by the relevant Contracting Authority in relation to the Mini Competition and shall
bear any and all costs associated therewith. Framework Contractors will be required to meet the Works
Requirements as published for each Draw-down Contract.

Mini Tenders received will be evaluated on the basis of the pass/fail criteria and award criteria as set out in
Appendix 3, as may be supplemented as appropriate in relation to the specific drawdown requirements. Any
Framework Contractor that fails to meet the pass/fail criteria may be excluded from further consideration in
the Mini Competition.

The acknowledgement of receipt of any Mini Tender shall not constitute any actual or implied agreement
between the Contractor and Contracting Authority.

It is intended that Contractor’s performance will be monitored during the Framework. Where any Contractor
fails to perform satisfactorily any Draw-down Contract awarded, the Draw-down Contract may be terminated
and the Contractor may be eliminated from the Framework. Please refer to the Framework Agreement
for full details of the Contract and Performance Review mechanism.

For the avoidance of doubt, individual Framework Purchasers may award Framework Contracts on behalf of
one or more Framework Purchasers.

Contractors shall ensure that all information provided with their application for admittance to the Framework
and if successful any subsequent Mini Competitions including subsequent further information is correct.
Where a Contractor is found to have furnished false, misleading or incorrect information, the Contracting
Authority will impose such sanctions as it deems appropriate in the particular case. The sanction will be
determined by the Contracting Authority at its own discretion and it may include all steps up to the complete
exclusion from the Framework and/or termination of the Draw-down Contract.

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3.0 GENERAL INFORMATION

Disclaimer

The information provided in these Instructions is offered in good faith for the guidance of the Contractors
participating in this competition. The content of these Instructions are for information purposes only and
may not be used for any purpose save for this competition. No part of these Instructions, in whole or in part,
may be reproduced, stored, transmitted, or used without the prior written permission of the LGOPC (which
may be withheld in its sole discretion).
These Instructions are a summary of available information and no reliance shall be placed on any
information or statements contained herein, and no representation or warranty, express or implied, is or
shall be made in relation to the completeness, accuracy or functioning of the information contained in these
Instructions, nor as to the reasonableness of any assumption made in preparing this information. Without
prejudice to the foregoing, neither the LGOPC nor Kerry County Council nor their advisers, consultants,
contractors, servants and/or agents shall have any liability or responsibility in relation to the accuracy,
adequacy or completeness of such information or any statements made. For the avoidance of doubt,
Contractors should not assume that any such information or statements shall remain unchanged.
The LGOPC is not bound by any anomalies, errors or omissions in these Instructions. Contractors shall
immediately notify the LGOPC should they become aware of any ambiguity, discrepancy, error or omission in
these Instructions. The LGOPC shall, upon receipt of such notification, notify all Contractors of its ruling in
respect of any such ambiguity, discrepancy, error or omission. Such ruling shall be issued in writing and may
at the LGOPC’s sole discretion form part of the Framework Agreement.
The LGOPC reserves the right to update, delete, vary, extend or alter these Instructions and the information
and documents contained herein at any time by notice by email to Contractors.

By participating in this competition, the Contractor acknowledges that there does not exist any contractual,
implied or quasi-contractual relationship between the LGOPC and the Contractor prior to the execution of the
Framework Agreement nor will there exist any contractual, implied or quasi-contractual relationship in
relation to a Mini Competition prior to the acceptance by a Contracting Authority of the terms of the Mini
Tender, or the entering into of the Draw-down Contract, pursuant to the procedure adopted for the Mini
Competition.

The LGOPC reserves the right, without notice:

o to change the basis of, or the procedures (including the timetable) relating to the Framework
o to reject any, or all, of the Applications
o not to invite a Contractor to proceed further
o not to furnish a Contractor with additional information, or

o to abandon the competition.

In such circumstances, the LGOPC and its advisors shall not be liable to any persons as a result thereof. The
LGOPC shall not be bound to accept any Application and reserves the right not to form a Framework in
respect of some or all of the supplies, works and/or services for which Applications are invited.

Freedom of Information Acts

The LGOPC and Kerry County Council is subject to the FOI Act and acknowledges that it would expect
information provided in response to these Instructions to potentially be sensitive, confidential and
commercially sensitive.

Contractors are asked to consider if any of the information supplied by them in response to these
Instructions should not be disclosed because it is commercially sensitive or confidential. If this is the case,
Contractors can, when providing the information, identify same and specify the reasons for its commercial
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