2009 - 2021
News Archive – 2021
Revision of EU Thresholds applicable from 1 January 2022
8 December 2021
The Regulations amending the EU thresholds for the Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, 2009/81/EC have now been published by the EU Commission. The revised Thresholds (exclusive of VAT) above which advertising of contracts in the Official Journal of the EU is obligatory, are applicable from 1st January 2022.
The main OJEU advertising thresholds with effect from 1st January 2022 are as follows:
Minister McGrath announces details of interim measures to address the impact of Construction Material Price Inflation on Public Works Projects
24 November 2021
The Minister for Public Expenditure and Reform, Michael McGrath TD, today, Wednesday, November 24th, announced details of interim measures to address the impact that the recent price increases in construction materials is having on public works tenders.
Dispute Avoidance and Management in Public Works Contracts Masterclass on Tuesday 19th October 2021
8 October 2021
The Commercial Skills Academy of the OGP will host a 2-hour Masterclass on the topic of Dispute Avoidance and Management in Public Works Contracts on Tuesday, 19th October 2021 at 9.30 a.m.
Publication of Covid-19 Clause in Public Works Contracts
29 July 2021
The Office of Government Procurement (OGP) has today published updated versions of the CWMF template public works contracts.
These contract forms now include a new ‘Covid-19 Mandatory Closure’ clause which provides Employers and Contractors with a clear process to extend time and, where appropriate, share certain costs in the event of a mandatory closure of a site due to Covid-19. These contract amendments are designed to provide certainty to both parties in the event of such a closure and enable the more accurate pricing of risk in public works tenders.
Publication of Supplementary Note 4 – January 2021 Public Health Measures
9 April 2021
On 30 March 2021, the Government announced the phased easing of the public health measures first introduced in January 2021. Amongst other measures, these regulations require the continued closure of all non-essential construction sites until 4 May 2021. Certain categories of construction project will, however, be permitted to re-start works from 12 April 2021.
11 March 2021 – OGP Publishes Supplementary Note 3 – ex gratia payment extension
On 5 March 2021, the government extended the public health measures first introduced in January 2021 until 5 April 2021. Amongst other measures, these regulations require the closure of all non-essential construction sites.
5 March 2021 – Publication of model forms of the Covid-19 Site Closure Supplemental Agreement for use with standards forms of PW-CF6 and PW-CF7
Today, the OGP has published model forms of the Covid-19 Site Closure Supplemental Agreement, which are compatible for use with standards forms of PW-CF6 and PW-CF7 respectively. These should be used in conjunction with the supplementary guidance notes (as appropriate to the date that PW-CF6 or PW-CF7 contract was made) and the Covid Costs Notices published by the OGP on 26 February 2021.
26 February 2021 – Publication of supplementary guidance documents and model forms of Supplemental Agreements in order to give effect to the proposed ex gratia scheme announced on 12 February 2021
On 12 February 2021, the OGP published guidance to Contracting Authorities party to the standard forms of Public Works Contract regarding the public health measures introduced on 8 January 2021. Amongst other measures, this guidance recommended these Contracting Authorities consider a scheme of ex gratia payments be made to Contractors affected by site closures under the public health measures. Today, the OGP has published a series of supplementary guidance documents and model forms of Supplemental Agreements in order to give effect to this proposed ex gratia scheme.
12 February 2021 – OGP publishes note in relation to public health measures announced on 6 January 2021
On 6 January 2021, the Government announced public health measures aimed at limiting the spread of the Covid-19 pandemic (the “closure order”). Inter alia, the public health measures required non-essential construction sites to close between 6pm on 8 January 2021 and 31 January 2021. On 26 January 2021, the closure order was extended to apply until 5 March 2021. The OGP has today published a Note on Public Works Contracts and January 2021 Public Health Measures that:
News Archive – 2020
11 December 2020 – Participants required for Office of Government Procurement’s Review of the operation of the roles of Standing Conciliator and the Project Board
The Office of Government Procurement (OGP) is undertaking a Review of the dispute resolution procedures in the public works contracts (the Review). As part of the Review we are seeking expressions of interest to participate in the Review of the operation of the roles of Standing Conciliator and the Project Board. If you have past and/or current experience and working knowledge of the roles of the Standing Conciliator and the Project Board, the OGP would like to hear from you.
10 December 2020 – Publication of OGP Brexit Information Note December 2020
Please note that the fourth in a series of information notes prepared by the OGP’s Policy Unit aimed to provide guidance for public bodies charged with dealing with public procurement and the management of public contracts in the context of changes which will arise due to Brexit has been published.
23 July 2020 – Note: Guidance on Protocol Measures in Live and Future Tenders published
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:
09 July 2020 – Template: Covid Co-operation Framework published
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.
24 June 2020 – Note: Covid Co-operation Framework published
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.
14 May 2020 – Note and template Pre-start Checklist for use by Employer’s Representatives published
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.
8 May 2020 – Update 2 to Note on procurement and contractual matters associated with the Covid-19 Response Measures published
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:
22nd April 2020 – Form of Letter Agreement for Covid-19 Ex-Gratia payment by Employer now published
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.
Form of Letter Agreement.
14th April 2020 – Update 1 to Note on procurement and contractual matters associated with the Covid-19 Response Measures
The OGP has published an Updated Note on procurement and contractual matters associated with the Covid-19 Response Measures
19 March 2020 – Note on procurement and contractual matters associated with the Covid-19 Response Measures
Purpose of this Note
The purpose of this note is to provide guidance to Contracting Authorities who
As the Covid-19 response measures are updated by Government this note will be amended.
News Archive – 2019
9 December 2019 – Revisions Made to Execution Blocks of Forms within the CWMF Pillar 1: Public Works Contracts
Section 64 of the Land and Conveyancing Act 2009 removed the requirement for an individual to use a seal (i.e. a personal seal) in order to execute a Deed.
26 November 2019 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2020
The EU Commission has revised the Public Procurement Directive’s thresholds resulting in a decrease in the thresholds for advertising in the Official Journal of the EU which comes into effect on 1 January 2020.
5 June 2019 – Revisions to the Public Works Contracts and Conditions of Engagement
The Office of Government Procurement has today published amended forms of the public works contracts and conditions of engagement.
27 May 2019 – Consultant Engagement Review Position Paper
The position paper titled “Consultant Engagement Review” is being published as part of the development of the next generation of the Capital Works Management Framework (CWMF) and is being undertaken by the Office of Government Procurement in consultation with the Government Contracts Committee for Construction.
21 May 2019: Recruitment Opportunity – Senior Quantity Surveyor in the Office of Government Procurement
21 March 2019: Minister Donohoe launches review of procurement policy for public works projects
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.
22 January 2019 – WE 1.0 Weather Events
Since WE 1.0 Weather Events (v1.0 28 July 2009) was published a number of changes have taken place.
21 January 2019 – Revision of GN 1.0 – Introduction to the Capital Works Management Framework
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.
News Archive – 2018
4 September 2018 – Revision of GN 1.4 ‘Procurement and Contract Strategy for Public Works Contracts’
Guidance note GN 1.4 has been updated to reflect:
– the threshold change introduced by Circular 10/2018 last week;
– reference to Directive 2014/24/EU; and
– updates to the CWMF since January 2012.
Details of the revisions are available. GN 1.4 v1.1 17/01/2012 has been archived and v1.2 04/09/2018 has been published.
29 August 2018 – Revision of threshold for the use of the Short Public Works Contract (PW-CF6)
The Short Public Works Contract (PW-CF6) was introduced by Circular 04/08 specifically for non-complex works projects with a value of €0.5m or less.
Following the review of the public works contracts in 2014, a number of changes were made to the forms of contract for larger projects in 2016 in order in increase project definition and discipline. However these new requirements have proven disproportionate for projects at the lower end of the spend thresholds. The use of a Bill of Quantities (BQ) is generally not considered cost effective on a project with a value less than €1m unless there are particular circumstances which would justify its use.
The threshold has been raised from €0.5m to €1m where the simpler form of contract (PW-CF6) may be used, thereby reducing costs and complexity for public bodies and contractors where used. Contracting authorities who require a BQ on a project with a value less than €1m may do so by opting to use PW-CF5.
Circular 10/2018, published today, modifies the threshold figures cited in the original Circular 04/2008, leaving the circular itself in place. With effect from today (i.e. the date of Circular 10/2018), the revised threshold value of €1,000,000 will apply to all contract notices published.
Guidance under the CWMF will be updated to reflect the threshold change next week.
9 August 2018 – Revision to MF1.13 (dated 27 June 2018)
Please note that MF1.13 published on 27 June 2018 contained a typographical error. The reference to the ‘Employer’s Representative’ in the signatory box should have read ‘Contractor’s Representative, and this error has now been corrected in the version dated 9 August 2018.
5 July 2018 – Publication of amended GN 1.5.1 (v1.1 05-07-2018) – Public Works Contracts: Managing the Pre-Contract Phase
Further to the publication of Circular 08/18 on 24 May 2018, which set out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 in the construction sector; GN1.5.1 – Public Works Contracts: Managing the Pre-Contract Phase is being published today. GN 1.5.1 (v1.1) has been updated to reflect changes to the comparative cost of tender exercise, details which are available..
27 June 2018 – Publication of amended PW-CF 1 to 5 inclusive, MF 1.13, and Guidance Note 2.3
Further to the publication of Circular 08/18 on 24 May 2018, which set out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 in the construction sector; and the second phase of the revised CWMF documents on 6 June, the final phase of the revised CWMF documents are being published today.
The amended contracts PW-CF1 to PW-CF5 inclusive being published today are to be used for all tenders, which are to be submitted on or after 7 July 2018.
An amended MF 1.13 Rates of Pay and Conditions of Employment Certificate is also being published with updated legislative references. GN 2.3 has also been updated and other relevant guidance notes will be revised to reflect the changes introduced by Circular 08/2018.
Amended forms of PW-CF6 to PW-CF8 inclusive, PW-CF10 and PW-CF11 and the Rates of Pay and Conditions of Employment Certificate that accompanies each of these contract forms, were published on 24 May; and FTS1 to FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8 were published on 6 June.
6 June 2018 – Publication of amended forms FTS1 to FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8
Further to the publication of Circular 08/18 on 24 May 2018 setting out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 in the construction sector; the second phase of the publication of revised CWMF documents are being published today. This is in addition to the publication of amended forms of PW-CF6 to PW-CF8 inclusive, PW-CF10 and PW-CF11 and the Rates of Pay and Conditions of Employment Certificate that accompanies each of these contract forms, which were published on 24 May.
Publication of amended forms FTS1 to FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8 today include the revised Comparative Cost of Tender exercise and will affect the tender submission, evaluation, award and contract administration stages where the forms of contract used are PW-CF1 to PW-CF5 inclusive and the NN Sub-contract. These documents are being introduced in advance of amendments to these contracts to facilitate an orderly transition to the revised Comparative Cost of Tender exercise which is to be undertaken on all tenders using PW-CF1 to PW-CF5 inclusive and the NN Sub-contract which are to be submitted on or after 7 July 2018.
Please note that the Schedule, part 1K of FTS1, FTS3, FTS5 and FTS 13 has been changed to make the ‘expenses unavoidably incurred as a result of the delay’ as the default position for the amount to be added to the Contract Sum in accordance with sub-clause 10.7 Delay Cost. Under the previous versions of these forms the ‘daily rate tendered by the Contractor’ was the default position and it remains the default position for FTS2 and FTS4.
24 May 2018 – Amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders in the construction sector.
Circular 08/18 setting out the amendments to the Capital Works Management Framework (CWMF) to reflect the introduction of Sectoral Employment Orders under the Industrial Relations (Amendment) Act 2015 (the Act) in the construction sector was published today. Amendments have also been made to the manner in which the Comparative Cost of Tender is carried out for certain forms of contract in the CWMF.
The amendments to the CWMF fall into two categories; the first primarily affect the contract administration stage and involve updating legislative references and including references to the new legal provisions introduced under the Act. These amendments affect:
• The standard conditions of public works contract PW-CF1 – PW-CF8 inclusive, PW-CF10 and PW-CF11;
• Model Form MF 1.13 Rates of Pay and Conditions of Employment Certificate and the equivalent for PW-CF6, PW-CF7, PW-CF8 and PW-CF11;
• Guidance notes.
The second category is a change to the Comparative Cost of Tender exercise which applies to the tender, award and contract administration stages of PW-CF1 – PW-CF5 inclusive and to the Conditions of Sub-contract (NN) published by the Construction Industry Federation (the NN Sub-contract). The amendments to give effect to the change affects the following:
• The standard conditions of public works contract PW-CF1 – PW-CF5 inclusive;
• FTS1 – FTS5 inclusive: the forms of tender and schedule for use with the standard conditions of public works contract PW-CF1 – PW-CF5 inclusive;
• FTS 13: the form of tender and schedule for use with the NN Sub-contract;
• Instructions to Tenderers ITT-W1, ITT-W1a, ITT-W2 and ITT-W8;
• Guidance notes.
As noted above the amendments to the CWMF documents affect the contract administration stage under all forms of the public works contract and the tender and award stage for PW-CF-1 – PW-CF-5 inclusive and the NN Sub-contract. In order to facilitate an orderly transition to the use of the amended documents, and in particular the use of the revised Comparative Cost of Tender exercise, the introduction of the amendments will be phased. The Circular sets out the action, if any, that is necessary for contracting authorities to undertake with regards to the particular circumstances.
With regards to the change to the Comparative Cost of Tender exercise which only applies to PW-CF1 – PW-CF5 inclusive and the NN Sub-contract, contracting authorities are asked in particular to take note of whether the following circumstances apply to any of their current or imminent tender competitions;
Where all three circumstances apply, contracting authorities should be aware that the transitional arrangements set out in the Circular mean that the amended forms of PW-CF1 – PW-CF5 inclusive will apply to the tender along with the change to the Comparative Cost of Tender exercise.
The change to the Comparative Cost of Tender exercise may be summarised as follows:
• The requirement to tender hourly rates for labour and related costs for categories of workers in the Form of Tender and Schedule, part 2D has been removed. In its place tenderers will be asked to tender a percentage addition to the hourly rates of pay that have been established in any applicable Sectoral Employment Order.
Key dates in the phasing of the publication of the amendments:
24 May 2018: Publication of amended forms of PW-CF6 – PW-CF8 inclusive, PW-CF10 and PW-CF11 and the Rates of Pay and Conditions of Employment Certificate that accompanies each of these contract forms. In accordance with the tendering rules set out in Particulars to the Instructions to Tenderers documents these amended forms of contract will apply to all tenders using PW-CF6 – PW-CF8 inclusive, PW-CF10 and PW-CF11 which are to be submitted on or after the 3 June 2018.
6 June 2018: Publication of amended forms of FTS1 – FTS5 inclusive, FTS 13, ITT-W1, ITT-W1a, ITT-W2 and ITT-W8. These amendments include the revised Comparative Cost of Tender exercise and affect the tender submission, evaluation, award and contract administration stages where the forms of contract used are PW-CF1 – PW-CF5 inclusive and the NN Sub-contract. These documents are being introduced in advance of amendments to these contracts to facilitate an orderly transition to the revised Comparative Cost of Tender exercise which is to be undertaken on all tenders using PW-CF1 – PW-CF5 inclusive and the NN Sub-contract which are to be submitted on or after 7 July 2018.
27 June 2018: Publication of amended forms of PW-CF1 – PW-CF5 inclusive and MF 1.13 will be published. In accordance with the tendering rules set out in the Particulars to the Instructions to Tenderers documents these amended forms of contract will apply to all tenders using PW-CF1 – PW-CF5 inclusive and the NN Sub-contract which are to be submitted on or after the 7 July 2018. (These amendments reflect the amendments made in the Form of Tender and Schedule and Instructions to Tenderers published on 6 June 2018.)
Note: A Sectoral Employment Order (SEO) is established in accordance with Chapter 3 of Part 2 of the Act. An SEO imposes obligations on employers with regards to the rates of pay and conditions of employment for those categories of worker covered by the SEO. To date, two SEOs that cover certain categories of workers in the construction sector have been signed into law by the Minister of State at the Department of Business, Enterprise and Innovation, being: (i) SI 455 of 2017 covering the construction sector was signed into law on 19 October 2017; and (ii) SI 59 of 2018 covering the mechanical engineering building services contracting sector was signed into law on 6 March 2018.
News Archive – 2017
20 December 2017 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2018:
The EU Commission has revised the Public Procurement Directive’s thresholds resulting in an increase in the thresholds for advertising in the Official Journal of the EU which comes into effect on 1 January 2018.
The thresholds will apply from 1 January 2018. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2018
21 November 2017 – Government Strategy to Increase use of Digital Technology in Key Public Works Projects Launched
Building Information Modelling (BIM) to be required in the design, construction and operation of public buildings and infrastructure over the next 4 years
The Minister for Public Expenditure and Reform, Paschal Donohue, T.D. and the Minister of State with special responsibility for Public Procurement, Open Government and eGovernment, Patrick O’Donovan, T.D. today set out the Government’s strategy for the increased use of digital technology in the delivery of key public works projects that are funded through the public capital programme.
The strategy will see public bodies establishing requirements for the use of Building Information Modelling (BIM) in the design, construction and operation of public buildings and infrastructure on a phased basis over the next 4 years, commencing with the larger, more complex projects, where those operating at that scale are already working through BIM. A BIM model comprises a digital dataset of all the information associated with a project’s development from the early design stage through to its operation.
Minister O’Donovan said ‘BIM is fast becoming an essential requirement for informed consumers of construction services internationally, and many countries have established BIM requirements at a national level. It has already been successfully used on a number of complex building projects completed in Ireland in recent years, primarily in the technology and pharmaceutical sectors. It is also being used on the National Children’s Hospital at the St James’s Hospital campus, on the Dublin Institute of Technology’s Grangegorman Campus and across the Public Private Partnership programme.’
At a European level, the significant efficiencies that BIM brings to project delivery and operation are recognised. The 2014 Procurement Directive makes provision for its use and the European Commission has established the EU BIM Task Group to deliver a common European network aimed at aligning the use of BIM in public works. The publication of the Task Group’s Handbook for the Introduction of BIM by Europe’s Public Sector Community at the end of June is timely in the context of the Government’s strategy.
The Government strategy has a two-fold objective, firstly to manage the adoption of BIM in an orderly fashion across the public capital programme, reducing the disruption that such change processes can bring both within the public sector and to the consultants and contractors that are engaged thereunder. The second objective is to act as a catalyst for its wider adoption across the industry generally. The sustained period of growth in the construction sector affords an opportunity to introduce these requirements in a managed fashion to enable industry to adapt to the new processes and procedures that BIM requires.
ENDS
Notes for Editors
A BIM model comprises a digital dataset of all the information associated with a project’s development in a manner which can be exploited for a variety of purposes:
In the early feasibility and design stages it provides the information to drive 3-dimensional visual representations of the completed facility, improving the decision-making and consultation processes. This also reduces the potential for changes that often must be made during the construction phase as clients and designers get an accurate spatial representation of the reality. It also allows for analysis of whole life costs; energy and structural performance, and lighting and ventilation strategies.
In the construction stage a BIM model has the capacity to cut down on waste in a number of ways. The information in the model can be used to sequence work to a far greater degree than is currently possible, which facilitates material ordering and allows greater scope for off-site fabrication, thereby reducing waste. This in turn reduces the down time and rework which often arises due to poor information co-ordination. The as-built reality of the can also be more accurately recorded through photographs linked to building elements at key inspection stages before work is covered up.
In the operation phase the information contained in the model can inform the maintenance and operation regime and help pinpoint under-performance from the targets set prior to construction.
The Government has been actively promoting digital uptake in the construction sector for many years, with Enterprise Ireland (EI) being the lead agency in this regard. EI has funded awareness and promotion across the construction industry, through industry bodies such as the Construction Information Technology Alliance. A number of research programmes and reports on the level of BIM uptake and sector readiness across Ireland and globally has been undertaken with the support of EI and they have also supported individual businesses on their digital transition, as part of their mentoring programme to Irish businesses. This has enabled these businesses to compete and win contracts overseas where the BIM requirement is established. In 2016, EI established the National BIM Council whose role is to develop a national road map to optimise the successful implementation of BIM in Ireland. That roadmap is due for publication on the 1st December.
The Government Contracts Committee for Construction (GCCC) undertook a consultation process with public bodies involved in the delivery of the capital programme and an industry-wide consultation on the basis of a position paper that was published in March 2017. The position paper is available to download here. The submissions received as part of the consultation are available here. The submissions were considered before setting out recommendations to Government on the high level strategy.
Development of tools, template documents and contract protocols that will form the backbone of the requirements for BIM on public sector projects will be undertaken over the coming months under the direction of the GCCC and the Office for Government Procurement, before being officially launched. Professionals across the project delivery spectrum of the public service will be involved in developing these requirements.
16 August 2017 – Method of Measurement for Road Works
The term ‘Method of Measurement for Road Works’ is included in a number of the CWMF procurement templates and guidance material. It refers to the method of measurement that is required to be used on schemes funded by Transport Infrastructure Ireland (TII). It has been brought to our attention that the title of this document has been changed. The revised title is now Requirements for Measuring and Pricing (RMP).
From today the following templates have been updated to include the revised reference where the Bill of Quantities or Pricing Document requires definition:
Suitability Assessment Questionnaires:
QW1 (v2.0)
QW4 (v1.0)
Forms of Tender and Schedules:
FTS3 (v2.2)
FTS5 (v2.2)
FTS13 (v1.0)
Instead of ‘Method of Measurement for Road Works’ the reference is now to ‘TII’s Requirements for Measuring and Pricing (RMP).’
Guidance Note GN 1.5.3 (v1.2) has also been amended to update this reference.
The revision references for these documents have not been changed since these changes are not considered material.
23 June 2017 – Publication of Submissions received on the position paper ‘A Public Sector BIM Adoption Strategy’
Further to news item dated 15 March 2017 – Commencement of a consultation process on the adoption of Building Information Modelling (BIM) on public works projects, the submissions received as part of the consultation process on the position paper ‘A Public Sector BIM Adoption Strategy’ are available to download here.
All respondents submitted a completed questionnaire whereas some included supplementary submissions. Both are published where applicable.
23 May 2017 – Concessions Directive (2014/23/EU) signed into Irish law – SI 203 of 2017 (18th May 2017)
The Minister for Public Expenditure and Reform signed the Concessions Directive (2014/23/EU) into Irish law on 18th May 2017 (SI 203 of 2017 refers). A link to the press release is available .
25 April 2017 – Short Public Works Contract PW-CF6 v1.10
Amendments were made to the Public Works Contracts including the Short Public Works Contract (PW-CF6) in June 2016 to reflect the provisions of the Construction Contracts Act (News item 28 June 2016 refers).
A new clause 4.3 was added to PW-CF6 v1.9 (dated 30 June 2016) detailing the procedure for processing final statements and payment following Substantial Completion certification. All remaining sub clauses within clause 4 were renumbered accordingly. However there was a reference in (the re-numbered) clause 4.6, which had not been updated at that time and this has now been corrected in PW-CF6 v1.10 (dated 25 April 2017).
15 March 2017 – Commencement of a consultation process on the adoption of Building Information Modelling (BIM) on public works projects.
Building Information Modelling or BIM provides a means of structuring the information required to design, build and manage building and infrastructure assets. In so doing it offers opportunities to deliver efficiencies and savings in the construction and operation of built assets that are owned or managed by the State on behalf of its citizens. It is incumbent on public bodies to consider how its implementation may be managed in a manner that allows all those involved in the delivery of construction projects (both in the public and private sectors) to prepare for the adoption of the processes and the associated tools so they may continue to contribute to the delivery of projects funded under the public capital programme.
Following consultation with public bodies engaged in public works projects, the Government Contracts Committee for Construction (GCCC) has prepared a position paper for the purposes of inviting responses from industry. The position paper titled ‘A Public Sector BIM Adoption Strategy’ outlines the context and rationale for the adoption of BIM and puts forward a proposed timeline for adoption.
The position paper ‘A Public Sector BIM Adoption Strategy’ is available to download.
Responses are invited to the Position Paper from interested parties and individuals. These should be submitted by email to publicworkscontractsreview@per.gov.ie by close of business on Thursday, 13 April 2017.
A template response document is available to download
Those submitted after the deadline will be accepted but the views expressed therein may not be considered in the final strategy.
Respondents are also asked to note that responses received by the Office of Government Procurement will be published on the Construction Procurement Reform website within a month of the closing date for submissions.
12 January 2017 – Instructions to Tenderers
Please note that the links to the Public Works Contracts on the Construction Procurement Reform website in the Particulars Section of the following Instructions to Tenderers have been amended to reflect the mandatory requirement for contracting authorities to use the amended forms of Public Works Contracts with a cited revision reference commencing with v2 on all works procurements commencing from 9th January 2017. As this is an administrative amendment only, there is no change to the version number or date of the documents.
10 January 2017 – Amended Forms of Public Works Contracts
Further to the news item published on 22 December 2016, it is now mandatory for contracting authorities to use the amended forms of Public Works Contracts with a cited revision reference commencing with v2 on all works procurements commencing from 9th January 2017. These contracts and their associated pre-qualification questionnaires, instructions to tenderers, forms of tender, and model forms are available to download under Pillars 1 and 3 respectively.
Where the deadline for receipt of tenders for works is after 8 January 2017, sanction must be formally applied for and obtained from the Government Contracts Committee for Construction (GCCC) for use of the latest versions of the conditions of the Public Works Contracts (PW-CF1 – PW-CF5 inclusive), their associated Instructions to Tenderers and Forms of Tender and Schedule with a cited revision reference commencing with v1. Click on the link to Circular 1/16 – Derogation Documents to access these documents and the associated QW1 suitability assessment questionnaire, where applicable.
News Archive – 2016
22 December 2016 – Implementation of Amended Forms of Public Works Contracts
A lead-in time of approximately 9 months has been allowed since the publication of Circular 01/2016 was published. This has allowed contracting authorities to avail of a limited derogation up until 8 January 2017, which permitted the use of the latest versions of the conditions of the Public Works Contracts (PW-CF1 – PW-CF5 inclusive), their associated Instructions to Tenderers and Forms of Tender and Schedule with a cited revision reference commencing with v1. published under Pillar 1 of the CWMF on www.constructionprocurement.gov.ie in the circumstances set out under 6 (a) of Circular 01/2016.
However this phased implementation will end on 8th January. It will be mandatory for contracting authorities to use the amended forms of Public Works Contracts with a cited revision reference commencing with v2 on all works procurements commencing from 9thJanuary 2017.
Where the deadline for receipt of tenders for works is after 8 January 2017, sanction must be formally applied for and obtained from the Government Contracts Committee for Construction (GCCC) for use of the latest versions of the conditions of the Public Works Contracts (PW-CF1 – PW-CF5 inclusive), their associated Instructions to Tenderers and Forms of Tender and Schedule with a cited revision reference commencing with v1. published under Pillar 1 of the CWMF on www.constructionprocurement.gov.ie.
5 September 2016 – Investigation Contract PW-CF7 v1.2
Please note that some formatting errors occurred under Clause 14. Termination – sub-clause 14.2 in earlier versions of PW-CF7: Investigation Contract.
Separate sub-clause references were applied to 4 paragraphs that should have been included under sub-clause 14.2. Sub-clause 14.3 – 14.6 inclusive should have read as part of sub-clause 14.2 rather than being given separate sub-clause references. This has now been rectified in version 1.2 (dated 05/09/2016).
03 August 2016 – Suitability Assessment Questionnaire QW4 APPENDIX F: Declaration that Applicant can meet the Minimum Standard for the Technical Equipment Criterion in Suitability Questionnaire (dated 3 May 2016)
Appendix F was not included in the suite of documents associated with Reserved Specialists pre-qualification published on 3 May 2016. In error a duplicate of Appendix E was provided under the link for Appendix F. This has now been rectified.
4 July 2016 – Minor revisions to ITTW1 (Instructions to Tenderers for use with the Restricted Procedure for Works Contractors); ITTW1a (Restricted Procedure for Works Contractors where the Contract to be awarded is PW-CF2, PW-CF4, PW-CF7 or PW-CF8); and ITTW2 (Instruction to Tenderers for use with the Open Procedure for Works Contractors)
Minor revisions have been made to the ITTW1 (versions 1.7 and v2.0); ITTW1a (version 1.0); and ITTW2 (versions 1.4 and 2.0) to provide clarification to Award Criteria. Where the award criterion is the Most Economically Advantageous Tender meeting the specified minimum criteria (if any) as stated in the Particulars; the formulae to be used must be provided in Section 9.6 Assessment of Other Criteria.
28 June 2016 – The Construction Contracts Act, 2013
The Department of Public Expenditure and Reform published the Construction Contracts Act, 2013 on the 29th of July 2013. The Act is available to view at http://www.irishstatutebook.ie/eli/2013/act/34/enacted/en/html
On the 13th of April 2016 the Minister for Business and Employment signed the ‘Construction Contracts Act, 2013 (Appointed Day) Order 2016’ which gave legal effect to the provisions of the Act. The Order states that the ‘25th July, 2016 is appointed pursuant to section 12(2) of the Construction Contracts Act 2013 (No. 34 of 2013) and that Act shall apply in relation to construction contracts entered into after that date.’
The provisions of the Act have effect on all construction contracts, as defined in the Act and will apply to all construction contracts awarded after the 25th July 2016. The main provisions of the Act are:
• Payment: The Act requires that all construction contracts, as defined under the Act, shall provide for the amount of interim payment and amount of final payment or an adequate mechanism for determining those amounts. The Act also requires that that all construction contracts, as defined under the Act, shall provide for a payment claim date or an adequate mechanism for establishing the date for each amount due, and the period between payment claim date and the date the payment is due.
• Suspension: The Act confers on the executing party under all construction contracts, as defined by the Act, the right of suspension for failure by the other party to pay an amount due in full by the date on which the amount is due. In addition the executing party is conferred with the right to suspend for failure of the other party to pay, in full, an amount due pursuant to the decision of an Adjudicator.
• Adjudication: A party to a construction Contract, as defined under the Act, has the right to refer for adjudication any dispute relating to payment arising under the construction contract.
To reflect the provisions of the Act, amendments have been made to all the Public Works Contracts (versions 1 and 2), Schedules to the Contracts (versions 1 & 2), both Conditions of Engagement, Schedules to the Conditions of Engagement, and associated Guidance Notes.
The notable amendments to the documents include:
• Adoption of certain terms defined in the Act, such as ‘Payment Claim Date’ and ‘Payment Claim Notice’
• The change of units of measurement of time from ‘Working Days’ to ‘Days’ under all payment clauses to facilitate compliance with the Act.
• Amendment to the Suspension by the Contractor clause in PW-CF1 to PW-CF5 to comply with the Act.
• Introduction of statutory Adjudication as an alternative dispute resolution method and the effects a referral to statutory Adjudication has on the existing contractual dispute resolution methods.
• The removal from the Schedules the option for the Contracting Authority to specify payment periods other than ‘monthly’. (The only exception is PW-CF 6 & 7 where the extent of the Works may not extend beyond a single payment.)
31 May 2016 – Instructions to Tenderers – Term Maintenance and Refurbishment Works Contracts for Restricted Procedure (ITTW6 v1.2 30/05/2016) and Open Procedure (ITTW7 v1.1 30/05/2016)
The formula in Section 3 of Appendix 3: Award criteria has been amended to:
ITTW6 v1.1 12/12/2013 and ITTW7 v1.0 12/12/2013 have been archived under Archives/Pillar 1.
17 May 2016 – ITTW2 Instruction to Tenderers for use with the Open Procedure for Works Contractors
A new ITTW2 v2.0 – Instruction to Tenderers for use with the Open Procedure for Works Contractors has been published as part of the revision of arrangements for the procurement of public works projects (Circular 01/16: ‘Construction procurement – revision of arrangements for the procurement of public works projects’ refers).
It should be noted that ITTW2 v2.0 has application only to PW-CF1 to PW-CF5 with the cited versions 2.0 and later. ITTW2 v2.0 is available via the link to Circular Documents here.
03 May 2016 – Suitability Assessment Questionnaire: QW1 (v2.0) Restricted Procedure for Works Contractors, associated H&S Supplements 3.4.1 (Contractor) and 3.4.2 (PSCS) and new Appendices J & K; Suitability Assessment Questionnaire: QW4 (v1.0) – Restricted Procedure for Reserved Specialists, associated H&S Supplements 3.4.1 (Specialist) and 3.4.2 (Works Specialist with a Design Input) and QW4 Appendices A – K inclusive.
Note: EU Directives 2014/23/EU, 2014/24/EU and 2014/25/EU came into effect on 18 April 2016. The directives set out the procurement rules applicable to the award of public contracts. A new document titled the ‘European Single Procurement Document’ (ESPD) has been introduced as part of the new rules and, for procurements governed by the directives, contracting authorities must accept an ESPD completed in accordance with EU Regulation 2016/7
The revised QW1 and the new QW4 have been updated to facilitate the submission of the ESPD but the suite of suitability assessment questionnaires will be further amended in the coming weeks to take into account the new directives/transposing regulations and to enhance compatibility with the ESPD in the coming weeks.
QW1 v2.0
A number of amendments have been undertaken to QW1 – Restricted Procedure for Works Contractors, the following are the key amendments:
Section 1.0 has been amended to include a new Section 1.9 Specialist Works Reserved by the Contracting Authority to reflect the new procedure for Reserved Specialists. Existing sections 1.6 – 1.8 inclusive have been amended to restrict certain procedures to the appropriate form of public works contract.
Section 2.0 has been amended to request more detailed information from applicants so as to uniquely identify their business.
Section 3.0 has been amended to permit qualitative assessment of 3.3b and 3.3d and for certain criteria in Specialist Services and Specialist Works. Supplements 3.4.3 and 3.4.4 have been removed and, where a PSDP or Contractor as Designer appointment is necessary (typically for a Design and Build contract), the service provider suitability assessment questionnaire for the restricted procedure – QC1 should be used.
Criterion 3.3a has been amended to focus on turnover related to the business area that is the subject of the procurement.
A new Appendix J is provided to give contracting authorities the option to seek more detailed information from the applicant’s principal banker where this is appropriate.
A new Appendix K which is a template letter to be provided by the applicant’s Professional Indemnity Insurance provider stating that they can provide PII to the levels required.
QW4 v1.0
A new suitability assessment questionnaire for the procurement of Reserved Specialists (See guidance note GN2.3.3) has been published. The restricted procedure must be used when procuring Reserved Specialists and the format and structure of section 2.0 and 3.0 mirrors the revised QW1 v2.0 as set out above. Section 1.0 provides information that is pertinent to the procurement of Reserved Specialists.
30 March 2016 – Reserved Specialists documents: ITTW8 and FTS13 (both v1.0); GN 2.3.3 Specialists and the Public Works Contracts (v1.1); Model Forms MF 1.19 Reserved Specialist Performance Bond and MF 1.20 Notification to named Specialists of amounts included in Main Contract Payment Certificate for named Specialist works (all dated 30/03/2016); and link to Conditions of Sub-Contract (NN) published by the Construction Industry Federation
ITTW8
A separate Instructions to Tenderer has been developed for Reserved Specialist’s tenders.
FTS13
A separate Form of Tender and Appendix has been developed in conjunction with the Construction Industry Federation (CIF) for use with the Conditions of Sub-Contract (NN) published by the CIF. The term ‘appendix’ is used in place of ‘schedule’ in this case because this is the term used throughout the form of sub-contract. The document reference ‘FTS’ has been adopted to retain its classification as one of the suite of Forms of Tender and Schedule under Pillar 1 of the CWMF.
GN 2.3.3 Specialists and the Public Works Contracts v1.0 dated 22 January 2016has been amended as follows:
• New Appendix IV added providing a link to the Conditions of Sub-Contract (NN) published by the Construction Industry Federation
• Section 1.6.2 – Item 3. Line added to clarify that the Reserved Specialist’s Works Requirements may be issued to main contract candidates after the bulk of the main contract tender documents where the Reserved Specialist’s Works Requirements are not finalised at the commencement of the main contract tender.
• Section 1.7.1 – Clarification that the outline programme submitted by a main contract tenderer as part of their Works Proposals must be compliant with the requirements set out in the Form of Tender and Schedule, part 1G.
MF 1.19 Reserved Specialist Performance Bond
A separate model form Performance Bond has been developed for Reserved Specialist’s tenders.
MF 1.20 Notification to named Specialists of amounts included in Main Contract Payment Certificate for named Specialist works
A separate model form has been developed to meet the requirements of the amended sub-clause 11.1.3 in PW-CF 1, PW-CF3 & PW-CF5.
Conditions of Sub-Contract (NN) published by the Construction Industry Federation
A link to the above conditions of sub-contract has been provided via the Circular Documents Page
21 March 2016 – Model Forms MF1.18 – Appointment of Standing Conciliator; MF1.16 Appointment of Conciliator; and MF1.17 Bond – Conciliator’s Recommendation (all dated 21 March 2016)
A new Model Form MF1.18 – Appointment of Standing Conciliator (dated 21 March 2016) has been published as part of the revision of arrangements for the procurement of public works projects (Circular 01/2016 refers). The Model Form details the terms and conditions that the Standing Conciliator shall be engaged upon by the Parties to the Contract.
It should be noted that the Standing Conciliator has application only to PW-CF1 to PW-CF4 with the cited versions 2.0 and later. MF1.18 is available via the link to Circular Documents here.
Model Forms MF1.16 Appointment of Conciliator (pre-21 March 2016) has been amended as follows:
• The reference clauses for Contract forms PW-CF6, PW-CF10 and PW-CF11 have been added.
• An explanatory note has been added to Clause 3 of the form which deals with fees and expenses. The explanatory note cross references the new Model Form MF1.18 Appointment of Standing Conciliator.
MF1.16 21/03/2016 is available under Pillar 1 Model Forms.
Model Form MF1.17 Bond – Conciliator’s Recommendation (pre-21 March 2016) has been amended as follows:
• The reference clauses for Contract forms PW-CF1 to PW-CF5 have been added, and amended where necessary for cited versions v2.0 or later.
Model Form MF1.17 21/03/2016 is available under Pillar 1 Model Forms.
21 March 2016 – GN 1.5.3 Public Works Contracts: The Pricing Document (v1.1 – dated 21 March 2016)
The following changes have been made to GN 1.5.3 v1.0 22/01/2016:
• Section 5.1, Introduction, text in the second and third paragraph consolidated:
• Section 5.2, Amendments required when using CESMM3, has been added to the document.
20 January 2016 – Publication of the amended Public Works Contracts
The Department of Public Expenditure and Reform published Circular 01/16: ‘Construction procurement – revision of arrangements for the procurement of public works projects’ on 18 January 2016.
A review of the performance of the Public Works Contract was undertaken by the Government Contracts Committee for Construction (GCCC) in 2014. The ‘Report on the Performance Review of the Public Works Contracts’ was published by the Office of Government Procurement in December 2014, setting out a series of interim recommendations and a framework for engagement of a medium term strategy for the procurement of public works projects.
Extensive consultation was undertaken throughout 2015 by the Office of Government Procurement following the publication of its proposals to implement the interim recommendations. Work on the interim recommendations which amend the Public Works Contracts is now complete and the conditions of contract for Public Works Contracts PW-CF1 – PW-CF5, inclusive, their associated tender documents and guidance have been published.
The interim measures introduced to amend the Public Works Contracts are as follows:
1. Mandatory production of a fully measured Bill of Quantities to an approved method of measurement, and inconsistencies between the Bill of Quantities and the Works Requirements, for projects using Public Works Contracts forms PW-CF1, PW-CF3 and PW-CF5, will be a Compensation Event.
The Pricing Document for Public Works Contract Forms PW-CF1, PW-CF3 and PW-CF5 shall be a Bill of Quantities to an approved method of measurement for use with the Public Works Contracts. No other document is to be included in the Pricing Document for these forms of Contract. The Schedule to the Contract will define which approved method of measurement the Bill of Quantities must be completed in accordance with and the option to transfer, to the Contractor, the risk of quantities under Schedule Part 1K(17) has been removed. (Please refer to Guidance Note GN 1.5.3 – The Pricing Document, for full details of this interim amendment)
2. The direct tendering of Specialist works packages, by the Employer, whereupon the Contractor will enter into a sub-contract with the respective successful Specialist tenderer
For all projects designed by the Contracting Authority and carried out under PW-CF1, PW-CF3 and PW-CF5 this process allows for Specialists to tender for defined Works packages directly to the Contracting Authority, and following completion of evaluation of the tender, by the Contracting Authority, the successful Specialist and the Contractor shall enter a sub-contract for a Specialist Contract Sum, which will form part of the Contract Sum with the Contractor. The Contractor will be entitled to tender, in their tender, a percentage addition for each Specialist which will form part of their Contract with the Employer. (Please refer to Guidance Note GN 2.3.3 – Specialists and the Public Works Contract, for full details of this interim amendment)
3. (i) The introduction of an informal dispute resolution process at senior management level within the respective organisations that are Parties to the Contract.
For all projects carried out under Public Works Contract forms PW-CF1 to PW-CF4, inclusive, the Parties to the Contract may engage, without prejudice, in a dispute resolution process on certain disputes prior to reference to conciliation. The Conditions of Contract detail the Dispute Management Procedure for resolution of disputed Employer’s Representative Determinations. The procedure shall consist of meetings of the Project Board, for the purpose of reviewing disputes referred thereto with the intent of reaching a resolution. (Please refer to Guidance Note GN 3.1.1 – Dispute Resolution, for full details of this interim amendment).
3. (ii) The introduction of a Standing Conciliator for pre-dispute management purposes
For all Contracts carried out using Public Works Contract form PW-CF1 to PW-CF4, inclusive, where the anticipated Contract Sum will be in excess of €10million, a Standing Conciliator must be appointed by the Parties. Where the anticipated Contract Sum will be less than €10million, the Employer will have the option of requiring a Standing Conciliator to be appointed by the Parties. The Standing Conciliator shall fulfil the role of the Conciliator in all cases, should a dispute be referred to conciliation under sub-clause 13.2. The intention behind the introduction of the Standing Conciliator is to encourage proper engagement between the Parties to assist the Parties in the avoidance of disputes, to assist the Parties in avoidance of costly and lengthy formal dispute resolution procedures, and to assist the Parties to establish agreement upon issues before they crystallise into a dispute. (Please refer to Guidance Note GN 3.1.1 – Dispute Resolution, for full details of this interim amendment).
The arrangements to be undertaken by contracting authorities are the subject of Circular 01/16. The revised arrangements are being put in place with effect from 4 April 2016 for the procurement of public works projects using the Public Works Contracts PW-CF1 – PW-CF5, inclusive.
Contracting authorities are encouraged to adopt the amended conditions of Public Works Contract from the date of their publication, however it is recognised that the extent to which they can be adopted will depend on the scope of service under which the design team has been engaged [on Employer designed contracts].
In recognition of this the Circular sets out a derogation for projects where the design team has been engaged prior to 4 April 2016 and their scope of service does not reflect the service provision required to meet the requirements of the amended forms of contract. This derogation is available for a limited period – up to 8 January 2017 – thereafter the amended forms must be used unless written sanction is given by the GCCC following an application from the Contracting Authority concerned.
End
04 January 2016 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2016:
The EU Commission has revised the Public Procurement Directive’s thresholds resulting in an increase in the thresholds for advertising in the Official Journal of the EU which comes into effect on 1 January 2016.
The thresholds will apply from 1 January 2016. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2016
News Archive – 2015
5 August 2015: Appendix A to Suitability Assessment Questionnaires for Service Providers QC1 and QC2 (dated 06/09/2011)
Please note that Appendix A to Suitability Assessment Questionnaires for Service Providers QC1 and QC2 (dated 29/04/2011) were incorrectly available to download as the current versions on the Construction Procurement website. The correct current versions of Appendix A to QC1 and QC2 (dated 06/09/2011) are now available under Pillar 3 – Suitability Assessment Questionnaires. Earlier versions dated 29/04/2011 are available under Archives – Pillar 3.
13 July 2015: Standard Conditions of Engagement for Consultancy Services (Technical) (COE1) – Schedule A and B (28 May 2015); and Form of Tender and Schedule, Consultancy Services (Technical) (FTS9 v1.6 28/05/2015)
Clause 18 ‘Insurance types, terms’ – has been amended for Professional Indemnity Insurance to reflect the guidance set out in GN 1.6.3 – Suitability Assessment of Construction Service Providers – Minimum Standards for Suitability Criteria.
2 July 2015 – GCCC Information Sessions on the forthcoming amendments to the Public Works Contracts
The Government Contracts Committee for Construction (GCCC) has concluded their series of information sessions on the proposed amendments to the public works contracts.
The information sessions included an overview of the objectives that underpin the public works contracts, a summary of the review process itself, the rationale behind the interim amendments and detailed descriptions of the amended conditions of contract. The sessions also provided an opportunity to put questions to representatives of the GCCC on the conditions of contract and other aspects covered by the Capital Works Management Framework.
Copies of the presentations from the information sessions are now available .
26th May 2015: Amending legislation is published in response to the recent Supreme Court judgement on the Remedies Regulations
In July of last year, in response to an appeal of a High Court decision not to lift the suspension of the award of a public contract, the Supreme Court held that the Remedies Regulations* did not give the court jurisdiction to lift the suspension of a contract award in the circumstances where an unsuccessful tenderer or candidate initiates proceedings to review the decision of a contracting authority to award a public contract. An ‘automatic suspension’ effectively applies until the High Court reaches a decision on the substantive issue.
The Remedies Regulations allow tenderers or candidates who feel that a procurement process was not carried out in an open, fair and transparent manner the option of seeking recourse from the courts.
SI 130 and 131 have been amended to give leave to contracting authorities to apply to the courts to lift the ‘automatic suspension’ and to give the High Court jurisdiction to lift an ‘automatic suspension’ should it see fit to do so.
The amending Regulations (listed below) are available under Regulations on this website and are also published on the Oireachtas website under 2015 Statutory Instruments
*SI 130 and 131 of 2010 which transpose the Remedies Directives into Irish law
26th May 2015 – GCCC Information Sessions on the forthcoming amendments to the Public Works Contracts
The review of the performance of the public works contracts was published in December 2014. Arising out of that review, a series of interim amendments are being implemented which will amend the current conditions of contract used to deliver public works projects.
The Government Contracts Committee for Construction (GCCC) is hosting a series of information sessions on the amended forms of public works contracts which are due to be published in July.
The sessions will include an overview of the objectives that underpin the public works contracts, a summary of the review process itself, the rationale behind the interim amendments and detailed descriptions of the amended conditions of contract. The sessions will also provide an opportunity to put questions to representatives of the GCCC on the conditions of contract and other aspects covered by the Capital Works Management Framework.
The venues and dates are as follows:
Monday
15 June 2015
Thursday
18 June 2015
Friday
19 June 2015
Monday
22 June 2015
Friday
26 June 2015
Monday
29 June 2015
Each date will consist of a morning and afternoon session. The morning session, from 10.00am to 1.00pm, is for public sector officials directly involved in the delivery of public works contracts either in contract administration or contract management. The afternoon session, from 2.00pm to 5.00pm, is primarily for contractors and consultants.
The Information Sessions are free of charge but places are limited and will be allocated on a first come, first served basis. Admission will only be possible with a booking confirmation that will be issued by email.
Please bring a copy of your email confirmation with you on the day.
To register for one of the Information Sessions please click on the link below.
Registration for Information Sessions
15 April 2015 – Publication of the ‘Implementation of the interim measures to amend the Public Works Contracts’
The Office of Government Procurement today published a document titled Implementation of the interim measures to amend the Public Works Contracts. Its publication marks the conclusion of a series of bilateral meetings with identified industry stakeholders which have been ongoing since the report on the Review of the Performance of the Public Works Contracts was published in December 2014.
The document summarises the detailed amendments it is proposed to make to the conditions of contract to give effect to 3 of the 4 interim measures set out in Report on the Review of the Performance of the Public Works Contract published in December 2014. Draft wording of the conditions is not included at this stage but rather the intent of the new/amended conditions is set out. Comments on the measures as they are outlined may be sent by close of business Friday, 1 May 2015 to: publicworkscontractsreview@per.gov.ie. A final meeting with industry stakeholders will be held early in June after the draft conditions of contract are circulated in late May.
Please note that these measures are still in a development phase and are subject to amendment.
In relation to the 4th interim recommendation (Recommendation No. 3) – A MEAT award for contracts in excess of €2m – industry stakeholders have been invited to participate on a working group to develop award criteria. The group will be chaired by the Office of Government Procurement and will aim to report by the end of July of this year.
At this stage in the process the proposed publication date for the new forms of contract is June 2015. Transitional arrangements will apply to facilitate the change associated with Interim Recommendation No.1. This will apply to circumstances where the consultants’ scope of services did not include a requirement for a bill of quantities to the standard of one of the standard methods of measurement. However contracting authorities who are scheduled to engage design teams from this date onwards should include the following requirements in the scope of services required of the design team where the form of contract to be used is PW-CF1, PW-CF3 and PW-CF5:
The design team shall be responsible for the production of a Bill of Quantities to one of the recognised methods of measurement as appropriate to the works projects as set out below.
News Archive – 2014
11 December 2014 – Publication of the “Report on the Performance Review of the Public Works Contract”
At a gathering of construction industry stakeholders in Government Buildings today, Minister of State, Simon Harris T.D. announced the outcome of the first stage of the review of the Public Works Contracts which was undertaken by the Government Contracts Committee for Construction. The event marked the publication of a report entitled “Report on the performance of the Public Works Contract” on the review by the Office of Government Procurement, which sets out recommendations for interim amendments to the contracts and a framework for a medium term strategy to inform engagement between industry stakeholders,
The interim recommendations are aimed at rebalancing risk currently transferred to contractors under the contracts in recognition of the different economic environment to the one into which the contracts were introduced in 2007 and in particular the very different challenges facing both Government and the industry in delivering construction projects.
The recommendations will be implemented by the middle of next year. Broader engagement on the procurement of public projects will take place with industry stakeholders throughout 2015. They will be invited to contribute to a medium-term strategy which will encompass procurement and recent developments in the fields of technology and legislation governing the construction industry. Key areas such as performance evaluation, risk management and different contracting strategies will also be considered as part of the strategy with recommendations to be put to Government before the end of next year.
The submissions received as part of the review of the public works contracts are available to download here.
24 November 2014 –Term Maintenance and Refurbishment Works Contract – Schedule to Contract (24/11/2014); and Form of Tender and Schedule (FTS12 v 1.3 24/11/2014)
The default value for Clause 2.1 ‘Term’ has been amended from ‘If no time period is stated or that stated exceeds two years then it shall read as two years.’ to read ‘In the case of a multi-participant framework, if no time period is stated or that stated exceeds two years then it shall read as two years. In the case of a single participant framework, if no time period is stated or that stated exceeds four years then it shall read as four years.’ to distinguish between a multi-participant and a single participant framework. This amendment reflects the guidance on the limits applicable to the use of the Term Maintenance and Refurbishment Contract in the Employer Note.
5 November 2014 – Public Consultation on Transposition of the new EU Procurement Directives
The European Parliament and the Council adopted three new procurement Directives in spring of this year. (Public Procurement; Utilities and Concession Contracts). Ireland and all other Member States are required to implement/ transpose the new Directives into national legislation by 17 April 2016. In Ireland this is by way of Statutory Instrument.
The new suite of Directives comprises:
A summary of the main features of the new public procurement Directive is accessible below as a reference guide to the Directive outlining some of the alterations to the existing procurement regime and new provisions in the 2014 Directive.
Most of the provisions of the Directives are mandatory for Ireland to transpose into national law but there are some areas where the Directives permit policy choices and these are the focus of this consultation.
The Consultation Document below highlights the key policy choices for Ireland and seeks the views of public sector users, private sector tenderers, relevant representative bodies and other interested parties. Responses to the specific questions raised in this consultation paper will be considered in drafting the Statutory Instruments.
If you have responses to the questions raised and comments on the areas in question the Transposition Unit in the OGP would welcome written views by email, to be sent to transposition@ogp.gov.ie. Submissions will be published on the OGP website www.procurement.ie.
This consultation process will run from Friday 31 October to Friday 12 December, 2014, so please submit your views by then to ensure that they are available for consideration in the preparation of the Statutory Instruments.
7 October 2014 – Term Maintenance and Refurbishment Works Contract Form of Tender and Schedule (FTS12 v1.2 07/10/2014)
Page 2 of the Term Maintenance and Refurbishment Contract Form of Tender and Schedule has been amended to read ‘Term Maintenance and Refurbishment Works Contract’, which corrects a previous reference to ‘Short Public Works Contract’.
Version 1.1 dated 12 December 2013 has been archived.
24 September 2014 – Revised Capital Works Management Framework (CWMF) Arbitration Rules for use with Public Works and Construction Services Contracts (AR1)
The following amendments have been made to the Arbitration Rules for use with Public Works and Construction Services Contracts (AR1).:
Version 1.1 dated 13 January 2014 has been archived
19 August 2014 – Revisions to Supplements 3.4.2 to Suitability Assessment Questionnaires for Works Contractors QW1 and QW3 (dated 27 January 2014)
The reference to Appendix G in QW1 3.4.2a (ii) and 3.4.2b (ii); and QW3 3.4.2b (HS) (ii) have been amended to Appendix H.
27 June 2014: Building Control (Amendment) Regulations 2014 – Changes to Capital Works Management Framework template documents
Further to the News Item of 6 March 2014: Building Control (Amendment) Regulations 2014 – Procurement Implications for Contracting Authorities and the publication of GN 1.1.1 v1.0 06/03/2014, the template documents published under the Capital Works Management Framework have now been amended to reflect the changes.
The Particulars to the Instructions to Tenders – Works, indicate that the form of contract applicable to the tender is the one published on the Construction Procurement Reform website 10 days before the latest date for the receipt of tenders. Contracting authorities should take note of this requirement should they choose to apply the new form of contract in any current tender competition.
The revised Form of Tender and Schedule (FTS9) should be used for all Construction Service Provider tenders.
The changes made to the standard template works contractors and service providers’ documents are set out in detail below.
Pillar 1 – Public Works Contracts – Amendments to PW-CF1, PW-CF3, PW-CF5, and Schedules
Clause 1 – The Contract
Sub-clause 1.1 Definitions
The following new definitions have been included:
The following existing definitions have been amended:
Clause 4 – Management
Sub-clause 4.8.2 – ‘[including other Consents]’ has been added at the end of point (2) – Clause 4.8 not used in PW-CF5
Sub-clause 4.8.4 – ‘and any other Consents’ has been added to the end of the last line – Clause 4.8 not used in PW-CF5
Sub-clause 4.9 – ‘having regard to the requirements of the Inspection Plan and Inspection Notification Framework’ has been added to the end of the first sentence. ‘and any Inspection Plan requirements’ has been added into the square brackets at the end of the second sentence.
Sub-clause 4.11.1 – ‘including any requirements arising from the Inspection Plan and Inspection Notification Framework’ has been added to the end of the sub-clause.
A new sub-clause 4.12.2 has been added to sub-clause 4.12 Documents.
Clause 5 – Contractor’s Personnel
Sub-clause 5.5 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.
A new sub-clause 5.8 Ancillary Certificates has been added.
Clause 8 – Quality, Testing and Defects
Sub-clause 8.3.1 – ‘Assigned Certifier’ has been added into the first sentence.
Sub-clause 8.3.2 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.
Sub-clause 8.3.3 – ‘and the Assigned Certifier’ has been added after the first reference to Employer’s Representative.
Sub-clause 8.4.1 – ‘[including the Inspection Plan]’ has been added into the first sentence. ‘and the Assigned Certifier’ has been added into the second sentence.
Clause 11 Payment
Sub-clause 11.4.1 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.
Schedule
Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.
Pillar 1 – Public Works Contracts – Amendments to PW-CF2, PW-CF4, and Schedules
Clause 1 – The Contract
Sub-clause 1.1 Definitions
The following new definitions have been included:
The following existing definitions have been amended:
Clause 4 – Management
Sub-clause 4.8.2 – ‘[including other Consents]’ has been added at the end of point (2)
Sub-clause 4.9 – ‘having regard to the requirements of the Inspection Plan and Inspection Notification Framework’ has been added to the end of the first sentence. ‘and any Inspection Plan requirements’ has been added into the square brackets at the end of the second sentence.
Sub-clause 4.11.1 – ‘including any requirements arising from the Inspection Plan and Inspection Notification Framework’ has been added to the end of the sub-clause.
A new sub-clause 4.12.2 has been added to sub-clause 4.12 Documents.
Clause 5 – Contractor’s Personnel
Sub-clause 5.5 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.
A new sub-clause 5.8 Ancillary Certificates has been added.
Clause 8 – Quality, Testing and Defects
Sub-clause 8.3.1 – ‘Assigned Certifier’ has been added into the first sentence.
Sub-clause 8.3.2 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.
Sub-clause 8.3.3 – ‘and the Assigned Certifier’ has been added after the first reference to Employer’s Representative.
Sub-clause 8.4.1 – ‘[including the Inspection Plan]’ has been added into the first sentence. ‘and the Assigned Certifier’ has been added into the second sentence.
Clause 9 – Time and Completion
Sub-clause 9.1.1 – ‘The Contractor shall give the Employer at least 20 working days’ notice prior to the date that the Contractor intends to commence constructing the Works.’ has been added as the last line of the sub-clause.
Clause 11 Payment
Sub-clause 11.4.1 – ‘(i)’ has been included after both references to the Schedule, part 1F to accommodate a second matrix in the Schedule, part 1F.
Schedule
Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.
Pillar 1 – Public Works Contracts – Amendments to PW-CF6
Clause 1 – The Contract
Sub-clause 1.1
The following new definitions have been included:
Sub-clause 1.2
‘the details in the Certificate of Compliance on Completion of the Works or a part thereof have been included on the Register maintained under Part IV of the Building Control Regulations.’
Clause 2 – The Site, starting and completing the Works
Sub-clause 2.9 – ‘and shall provide any document necessary to demonstrate compliance with the Building Control Regulations’ has been added to the end of the sub-clause.
Clause 3 – The Works
Sub-clause 3.7 – ‘Assigned Certifier’ has been added into the first sentence.
Sub-clause 3.8 – ‘and the Assigned Certifier’ has been added after both references to Employer’s Representative.
Pillar 1 – Public Works Contracts – Amendments to PW-CF11 Term Maintenance and Refurbishment Works
Clause 1
Sub-clause 1.2 – a definition of Building Control Regulations has been added
Sub-clause 7.3 – ‘(including Contractor’s Personnel)’ has been added after the first reference to the Contractor. ‘in conformance with the Building Regulations’ has been added after ‘good practice’, and ‘Where requested by the Employer’s Representative, the Contractor shall provide the certification necessary to comply with the Building Control Regulations.’ has been added as a new last sentence.
Pillar 1 – Forms of Tender and Schedules FTS1 to FTS5
Part 1 F has been split into part 1 F (i) Collateral Warranties and a new section – F (ii) Ancillary Certificates.
Pillar 2 – Standard Conditions of Engagement – Amendments to Instructions to Tenderers
ITTS1(a); ITTS1(b); ITTS2(a); and ITTS2(b)
Pillar 2 – Standard Conditions of Engagement – Amendments to Form of Tender and Schedule (Service Providers)
FTS9 and COE1 Schedule
Schedule B
The proposed review of the CWMF Guidance Notes will reflect the changes above.
QW3 Appendix C1 dated 27 January 2014 has been revised to refer to Specialists/Specialist as PSCS Appointments and not to Contractor or PSCS Appointments.
26 May 2014 – Revision to MF 2.2 Client Instructions – Letter of Acceptance (MF 2.2 31/03/2011)
The Client Instructions to Model Form 2.2 Letter of Acceptance (MF 2.2 31/03/2011) has been revised to reflect the following amendments:
• Reference to ‘2.7 Schedule A’, under ‘5. The Brief’; and ‘6. The Pricing Schedule’ on page 3 has been amended to read ‘1.7 Schedule A’ under both 5 and 6; and
• Footer details in the document have been amended from ‘MF2.3’ to ‘MF2.2’.
9 May 2014 – Performance of Public Works Contracts Questionnaire
1 May 2014 – Removal of Model Forms Compendium (MF 1.0 v1.1 31/3/2010):
Model Forms Compendium (MF1.0 v1.1 31/3/2010) has been removed from ‘Pillar 1- Model Forms’ and has been archived under ‘Archives – Pillar 1’ on the website
6 March 2014: Building Control (Amendment) Regulations 2014 – Procurement Implications for Contracting Authorities
The Building Control (Amendment) Regulations 2014 (the Regulations) apply to all buildings and works for which a Commencement Notice is submitted after 1 March 2014. The Regulations have implications for contracting authorities when procuring service providers and works contractors for public works projects. Guidance note GN 1.1.1, published today, is drafted to provide advice to contracting authorities in procuring the new roles set out in the Regulations for projects that have yet to go to tender and for those where the design team and Contractor may already be appointed but the Commencement Notice is not yet lodged. Amendments to the template documents published under the Capital Works Management Framework will follow shortly and in the interim contracting authorities are asked to read the guidance and incorporate the suggested procedures into existing and future tender competitions.
27 January 2014 – Revisions to Public Works Contract Documents to reference the Safety, Health and Welfare at Work (Construction) Regulations 2013.
The following documents for Public Works Contracts (Pillar 1) have been revised to reference the Safety, Health and Welfare at Work (Construction) Regulations 2013. The link to the HSA website in Appendices C1 and C2 have also been updated.
Contracts:
PW-CF1
PW-CF2
PW-CF3
PW-CF4
PW-CF5
PW-CF6 and PW-CF 6 Appointment of Project Supervisor
PW-CF 7 Appointment of Project Supervisor
PW-CF 8 Appointment of Project Supervisor
PW-CF10
Model Forms:
MF10
Instructions to Tenderers:
ITTW1
ITTW2
ITTW3
ITTW4
ITTW5
Pillar 3 Questionnaires:
QW1 and Supplements 3.4.1 to 3.4.4
QW2 and Supplements 3.4.1 to 3.4.4
QW3 and Supplements 3.4.1 to 3.4.2
Appendices C1 (QW1-QW3)
Appendices C2 (QW1 and QW2)
13 January 2014 – Revised Capital Works Management Framework (CWMF) Arbitration Rules for use with Public Works and Construction Services Contracts (AR1)
The Arbitration Rules for use with Public Works and Construction Services Contracts (AR1) have been comprehensively revised in line with the Arbitration Act 2010. The revised rules must be used with all applicable contracts awarded subsequent to a tender deadline date of Friday, 24 January 2014. They may be used on contracts awarded prior to that date subject to the agreement of both parties. Some notable changes include:
The following documents have been revised.
Pillar 1 – Contracts:
PW-CF1 Schedule dated 1/05/2013
PW-CF2 Schedule dated 1/05/2013
PW-CF3 Schedule dated 1/05/2013
PW-CF4 Schedule dated 1/05/2013
PW-CF5 Schedule dated 18/07/2013
PW-CF7 Schedule dated 1/05/2013
PW-CF10 Schedule dated 29/08/2011
Pillar 1 – Forms of Tender and Schedules:
FTS1v1.6 dated 1/05/2013
FTS2v1.6 dated 1/05/2013
FTS3 v1.7 dated 1/05/2013
FTS4 v1.7 dated 1/05/2013
FTS5 v1.7 dated 18/07/2013
FTS7 v1.3 dated 1/05/2013
FTS11 v1.1 dated 1/06/2012
Pillar 1 – Arbitration Rules:
AR1.0 v1.0 dated 28/07/2009
Pillar 2 – Standard Conditions of Engagement:
COE1 Schedule dated 18/03/2011
COE2 Schedule dated 26/02/2013
Pillar 2 – Forms of Tender and Schedules:
FTS9 v1.3 dated 18/03/2011
FTS10 v1.2 26/02/2013
Pillar 2 – Arbitration Rules:
AR1.0 v1.0 dated 28/07/2009
The following CWMF Guidance Notes will be updated shortly to reflect the revisions.
2 January 2014 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2014: The EU Commission has revised the Public Procurement Directive’s thresholds resulting in an increase in the thresholds for advertising in the Official Journal of the EU which comes into effect on 1 January 2014.
Regulation (EU) No 1336/2013, revising the EU thresholds for the next two years, was adopted on 13 December 2013.
The thresholds will apply from 1 January 2014. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2014.
The following CWMF Guidance Notes will be updated shortly to reflect the EU thresholds which are effective from 1 January 2014 to 31 December 2015:
News Archive – 2013
19 December 2013: Brendan Howlin, Minister for Public Expenditure and Reform calls for submissions in respect of the Review of Public Works Contracts
On 10 December 2013, the Minister for Public Expenditure and Reform chaired the inaugural meeting of the main stakeholder bodies in the review of the public works contracts.
The public works contracts were introduced in 2007 as part of the Construction Procurement Reform Initiative and are used for all construction projects funded under the Exchequer Capital Programme.
Speaking at the meeting Minister Brendan Howlin welcomed stakeholders input to the review process stating that ‘It is important that the review is thorough but at the same time conducted expeditiously so that we can concentrate on the business at hand; delivering much needed public facilities and infrastructure.’
The Minister reminded stakeholders that the key objectives that underlie the public works contracts: cost certainty at contract award; value for money and efficient delivery of public works projects will remain core to any revisions proposed to Government as a result of the review
The Office of Government Procurement is conducting the review of the public works contracts and interested parties are invited to make written submissions by Friday, 17 January 2014.
Submissions may be sent by email to publicworkscontractsreview@per.gov.ie or by post to Public Works Contracts Review, Office of Government Procurement, Bishop’s Square, Redmond’s Hill, Dublin 2.
12 December 2013 – New Framework Agreement for use with the Term Maintenance and Refurbishment Works Contract
A new framework agreement has been developed for use with the Term Maintenance and Refurbishment Contract (PW-CF11). PW-CF11 may be used to address urgent maintenance requirements or where certain types of planned maintenance and refurbishment are envisaged, in a way that is cost effective, provides value for money and does not involve a new procurement process each time unscheduled or certain types of planned maintenance and refurbishment works have to be carried out.
The contract (regardless of whether a Standard or Framework Agreement is used) expires once the aggregate value of Task Orders awarded under the contract reaches the Maximum Sum of €2m or the maximum term of 2 years is reached – whichever is reached first. Lower limits may be incorporated should the Contracting Authority so wish. The aggregate value of Task Orders is the aggregate value awarded to all framework participants and does not mean that each framework participant can be awarded up to €2m of Task Orders.
Prior to the development of the framework agreement, PW-CF11 operated as a single-participant framework. The new framework agreement allows the contract to operate as a multi-participant framework providing greater flexibility to contracting authorities to award works off the framework but also to allow smaller contractors to tender for such works. For this reason we have added an Instructions to Tenderers for an open procedure to the suite of documents.
It is recommended that those interested in using the PW-CF11 first read the revised Note to Employer which may be found by clicking on (more…) which is located beside the listing for PW-CF11 under Pillar 1 – Contracts.
The introduction of the framework agreement has resulted in a number of additional documents being added to the suite of documents associated with PW-CF11 which include:
ITT W7 v1.0 – Instructions to Tenderers (Open Procedure) – The open procedure may be used regardless of whether PW-CF11 is to be awarded in conjunction with the Framework Agreement or as a standalone contract however it must be used where PW-CF11 is to be used in conjunction with a multi-participant framework.
This is a new document, up to the date of its publication there was no provision for the award of PW-CF11 through an open procedure. It follows the same format as the ITT W6.
PW-CF11 FA-ITT v1.0 – Invitation to tender for a Task Order under the Framework Agreement – This document sets out the tender rules for mini-competitions to be run under the framework options A, B1 and B2.
PW-CF11 FA v1.0 – Framework Agreement – This document sets out certain amendments to PW-CF11 to facilitate the framework operation. Framework rules are also included.
In addition to this some changes have been made to existing documents and these changes include:
PW-CF11 v1.1 – Term Maintenance and Refurbishment Contract – Amendments include:
Clause 1 – This Contract – New clauses 1.12, 1.13 and 1.14
Clause 4 – Completing Tasks – Clause 4.4 has been enlarged to include the concept of an insolvency event as defined therein.
Clause 8 – Contractor’s Personnel – New clause 8.5 which indemnifies the Employer against claims by employees or former employees of the Contractor. New clause 8.6 requiring the Contractor to provide details (to the extent allowed by the law) of those employed in conjunction with the Contract.
FTS 12 v1.1 – Form of Tender and Schedule – amended to include drop down menu option for Framework and Standard Agreements. The Framework Agreement should be used where PW-CF11 is to be used as a multi-participant or single-participant framework. The Standard Agreement must be used where PW-CF11 is used as a standalone contract.
Maximum default period of 2 years included under the ‘Term’ section of the Schedule
Maximum Sum defaults to €2m if ‘Maximum Sum’ section of the Schedule is left blank or exceeds €2m.
ITT W6 v1.1 – Instructions to Tenderers (Restricted Procedure) – In the case where PW-CF11 is to be used as a standalone document or where a single participant framework is to be set up and it is envisaged that the aggregate value of Task Orders to be awarded will exceed €250,000 then the contracting authority may consider the use of the Restricted Procedure.
This version updates the document generally to eliminate unused sections. Unused sections were included in v1.0 to maintain consistency with ITT W1 and ITT W2. As bespoke ITTs for different contracts have been developed it was decided to discontinue this practice commencing with the publication of ITT W4 v1.1 in April 2013.
New additions:
Section 1 – Introduction –
· Provision for Lots added.
Section 2 – Communications –
· No change.
Section 3 – Candidates –
· Option for joint ventures added.
Section 4 – Requirements for Tenders (formerly section 5) – Section 4 was not used in v1.0.
· Addition of a description of tender documents which refers to Appendix 1.
· Section on deposits removed.
Section 5 – Non-compliant tenders (formerly section 7) – Section 6 was not used in v1.0.
· No change of substance.
Section 6 – Corrections, unbalanced and abnormal tenders and rates (formerly section 8) –
· No change.
Section 7 – Assessment of Tenders (formerly section 9) –
· Option provided to allow either a lowest price or MEAT award section 7.1.
· Clarification of Notional Tender Total included in section 7.4
Section 8 – Award Process (formerly section 10) –
· Reference to new notification letters in sections 8.1 and 8.2.
· Reference to Standard Agreement and Framework Agreement included in section 8.4 and removal of option for contract to be executed under seal.
· Removal of requirement to publish an award notice.
Appendices adjusted and new appendix added to include award criteria and weightings.
PW-CF11 SA v1.1 – Standard Agreement – This has been amended to remove the option to seal the Agreement and to remove the title ‘Deed’ from the head of the document.
PW-CF11 TO v1.1 – Task Order form – Change to footer details. This form must be completed as appropriate and issued by the Employer prior to Contractor undertaking any work. The Employer has no obligation under PW-CF11 to make any payment in the absence of a valid Task Order.
Note to Employer v1.1 – Revised to provide guidance on the use of PW-CF11 as a standalone, single-participant or multi-participant framework.
14 August 2013 – Revision to Costing Documents for Building and Civil Engineering Works
The following Costing documents (v1.0 dated 28/09/2009) for Building and Civil Engineering Works (under Pillar 3: Standard Forms for Cost Planning & Cost Control) have been updated to reflect the current standard rate of VAT in the Executive Summary (sheet 2 of the spreadsheets).
CO1.1a Costing Document (Building Works)
CO2.1a Costing Document (Civil Engineering Works) – Roads
CO2.2a Costing Document (Civil Engineering Works) – Water Services
CO2.3a Costing Document (Civil Engineering Works) – Marine
12 August 2013 – Public Works Contracts
The purpose of this statement is to address any uncertainty with regards to the interpretation of certain conditions of the Public Works Contracts following the Supreme Court decision of 9th May 2013 on the Registered Employment Agreements. The Department of Public Expenditure and Reform welcomes the clarity brought by the statement from the Minister for Jobs, Enterprise and Innovation of the 27 June (which is reproduced in full below) and also notes the intention of the Minister for Jobs, Enterprise and Innovation to introduce legislation that will put in place a mechanism to permit parties to register employment agreements in a manner that is fully informed by the Supreme Court judgement.
In light of the Supreme Court decision and Minister Bruton’s statement of 27 June, the Department of Public Expenditure and Reform has been considering the references in the Pay and Conditions of Employment clause in the Public Works Contracts and is satisfied that no amendments are necessary to the clause. The existing wording is consistent with the current position regarding REAs and should permit the recognition of any new employment agreements that may be registered under any such new legislation.
27 June 2013
The Minister for Jobs, Enterprise and Innovation, Richard Bruton T.D. today [Thursday] stated that he intends to bring forward legislation to address the recent Supreme Court ruling that struck down Registered Employment Agreements.
The Minister said “Last month, the Supreme Court struck down as unconstitutional the framework for Registered Employment Agreements as provided for in the 1946 Industrial Relations Act. This is an important issue for many employers and their employees particularly in relation to rates of pay and tendering for contracts. I intend as soon as possible to put in place legislation that will be fully informed by the Supreme Court judgment, but will introduce a revised framework to deal with these matters”.
NOTES FOR EDITORS
In the judgment delivered on 9 May last in McGowan and others v The Labour Court, Ireland and the Attorney General, the Supreme Court held that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution.
That Article provides, in effect, that the exclusive power to make laws is vested in the Oireachtas. The Supreme Court took the view that Registered Employment Agreements are instruments having the status of laws made by private individuals subject only to a limited power of veto by a subordinate body. While the Constitution allows for the limited delegation of law making functions, the provisions of the 1946 Act went beyond what is permissible under the Constitution.
The effect of this decision is to invalidate the registration of employment agreements previously registered under Part III of the 1946 Act. In consequence the Labour Court no longer has jurisdiction to enforce, interpret or otherwise apply these agreements.
As a result, all such agreements no longer have any application beyond the subscribing parties and are not enforceable in law.
However, existing contractual rights of workers in sectors covered by Registered Employment Agreements are unaffected by the ruling. Contractual rights can be altered only by agreement between the parties involved.
There were 6 existing sectoral REAs registered or varied by the Labour Court in recent years: two in the Construction Sector and one each covering Electrical Contracting, Printing, Overhead Powerline Contractors and Dublin Drapery, Footwear and Allied Trades. It is estimated that between 70,000 and 80,000 workers were covered by these sectoral agreements. In addition, there were over 50 employment agreements covering individual enterprises that had been registered by the Court under the 1946 Act.
19 July 2013 – Revisions to Notification Letters
The following letters have been revised in line with the changed requirements for documentation to be supplied by consultants (news item dated 16 July 2013 refers to new requirements) who are identified as the successful tenderer as set out in the ITT:
The Letters to Apparently Successful Tenderer seeking evidence/ Short-listed Candidates seeking evidence have been revised to remove all references to QC Supplements 3.4.1 to 3.4.3.
O.eu.4 Letter to apparently successful tenderer seeking evidence
O.na.4 Letter to apparently successful tenderer seeking evidence
R.eu.2 Letter to short-listed Candidates seeking evidence
R.na.2 Letter to short-listed Candidates seeking evidence
The Letters to Successful Tenderer have been amended to include references to the documentation to be submitted.
O.eu.6 Letter to Successful Tenderer
O.na.6 Letter to Successful Tenderer
R.eu.7 Letter to Successful Tenderer
R.na.7 Letter to Successful Tenderer
Please note that where a version of the Suitability Assessment Questionnaires for Consultancy Services other than QC1 v2.0 16/07/2013 and QC2 v2.0 16/07/2013 have been used then version 1.0 of the above notification letters (dated 10 June 2013), which have been archived should be used.
18 July 2013 – Forms of Tender and Schedule for Minor Building and Civil Engineering Public Works Contracts (FTS5 v1.6 1/5/2013; and PW-CF5 Schedule 1/5/2013)
Changes have been made to the incorrect default values in the Schedule ‘Part 1 E – Performance Bond’ of the FTS-5 (v1.6 01/05/2013) and PW-CF5 Schedule (01/05/2013).
The default value for Performance Bonds for contracts using the Minor Works Contract is now 12½% and for Substantial Completion is 6.25%:
16 July 2013 – Documents to be published on the Construction Procurement Reform website over the coming days
Significant changes have been made to the pre-qualification and tender documentation for construction-related service providers. The changes to the pre-qualification process are to streamline the procedure for both applicants/tenderers and for contracting authorities. The assessment methodology for awarding contracts set out in the tender documents (Section 9.5 in the Instructions to Tenderers) has been amended to ensure that quality is the deciding factor in the award of contracts for service providers.
Two standard pre-qualification questionnaire templates have been developed; one for a restricted procedure and the other for an open procedure. They are based upon the QC 1 and QC 2 forms but have been modified to integrate the Safety and Health assessment and a facility to declare certain criteria into a single form. This innovation permits the withdrawal of supplements 3.4.1 (Health and Safety Competence of Designer), 3.4.2 (Health and Safety Competence of PSDP) and 3.4.3 (Health and Safety Competence of PSCS) since these Safety and Health criteria will now be assessed under the new QC 1 and QC 2 forms. These new forms are designed to provide greater flexibility in their use and as a result QC 3 (Independent PSDP) and QC 4 (Independent PSCS) have been withdrawn.
Contracting authorities will decide which criteria in any qualification process may be self-declared by the applicant/tenderer and which criteria require the evidence supporting the applicant’s/tenderer’s claims that they meet the standard set out in the questionnaire.
The changes to the forms will require Safety and Health declarations to be provided prior to appointment as against at the pre-qualification stage and to reflect this, three new model forms; MF2.4, MF2.5 and MF2.6 for general service providers, PSDP and PSCS roles respectively, have been included under the Model Forms section of Pillar 2. The requirement to submit these declarations (where required) has been included in the Particulars to the Instructions to Tenderers and in the Letter to Successful Tenderer.
Guidance Note GN1.6.3 – Prequalification of Consultants using Minimum Standards for Suitability Criteria sets out suggested minimum standards to be used in the suitability assessment questionnaires for service providers.
The amendments are set out in greater detail below:
The following amendments are being made to documents under Pillar 2 – Instructions to Tenderers (Services):
Pillar 2
The following amendments have been made to the Instructions to Tenderers (Services) ITT S1a, ITT S1b, ITT S2a and ITT S2b:
Section 9.5 Assessment Methodology –
subsection (a) changed to state the minimum requirements that a tender must achieve under quality criteria
subsection (d) – formula to give ‘price’ score has been amended to deduct 0.5% of the total marks available for price for every 1% difference between the lowest eligible tender and the tender under consideration. A written formula has also been included.
subsection (e) – has been amended to provide that the tenderer who scores the highest marks for quality when all criteria have been taken into consideration is given the maximum marks available for quality. A formula is then provided to ensure that all other tenderers have their score adjusted proportionately.
subsection (f) – a formula has been provided to ensure that the overall marks awarded to tenderers reflects the Quality : Price Ratio set out in the Particulars. A section has been included to describe the circumstances where two or more tenderers may have the same score at the end of the evaluation process.
Section 10.2 Notification
This section has been amended to take account of the new suite of notification letters, which are now available on the Capital Works Management Framework under Pillar 2 – Model Forms – Notification Letters
Section 10.3 Letter to Successful Tenderer
This section has been changed to reflect the removal of the Letter of Intent and its replacement with the Letter to the Successful Tenderer included in the new suite of notification letters referred to above.
Model Forms MF2.1, MF2.4, MF2.5 and MF2.6
MF2.1 Professional Indemnity Insurance Certificate has had some minor amendments – formatting only.
MF2.4 Health and Safety Compliance Declaration by all general service providers is a new Safety and Health declaration to be provided by a service provider who may be considered a ‘designer’ under Regulation 2 of the Safety, Health and Welfare at Work (Construction) Regulations 2006 – 2013. This declaration must be signed and returned by the successful tenderer prior to appointment.
MF2.5 Health and Safety Compliance Declaration by PSDP/HSC is a new Safety and Health declaration to be provided by a service provider to be appointed to the role of Project Supervisor Design Process under the Safety, Health and Welfare at Work (Construction) Regulations 2006 – 2013. This declaration must be signed and returned by the successful tenderer prior to appointment.
MF2.6 Health and Safety Compliance Declaration by PSCS is a new Safety and Health declaration to be provided by a service provider to be appointed to the role of Project Supervisor Construction Stage under the Safety, Health and Welfare at Work (Construction) Regulations 2006 – 2013. This declaration must be signed and returned by the successful tenderer prior to appointment.
Pillar 3
Suitability Assessment Questionnaires for Service Providers – QC 1 and QC 2 both version 2.0
QC 1 v2.0 – Suitability Assessment Questionnaire for the restricted procedure includes changes to the pre-qualification process for service providers. The form structure remains familiar to users however this belies the substantial change to the document which now incorporates the Safety and Health Supplements into a single form that is intended to be signed by the Principal Service Provider declaring that they meet those qualification criteria that the contracting authority has set out as appropriate for self-declaration. As a result, contracting authorities are now required to generate a separate SAQ for each Principal Service provider.
QC 2 v2.0 – Suitability Assessment Questionnaire for the open procedure includes similar amendments to those outlined for QC 1 v2.0 outlined above.
Model Forms MF2.1, MF2.4, MF2.5 and MF2.6
MF2.1 Professional Indemnity Insurance Certificate has had some minor amendments – formatting only.
MF2.4 Health and Safety Compliance Declaration by all general service providers is a new Safety and Health declaration to be provided by a service provider who may be considered a ‘designer’ under Regulation 2 of the Safety, Health and Welfare at Work (Construction) Regulations 2006 – 2013. This declaration must be signed and returned by the successful tenderer prior to appointment.
MF2.5 Health and Safety Compliance Declaration by PSDP/HSC is a new Safety and Health declaration to be provided by a service provider to be appointed to the role of Project Supervisor Design Process under the Safety, Health and Welfare at Work (Construction) Regulations 2006 – 2013. This declaration must be signed and returned by the successful tenderer prior to appointment.
MF2.6 Health and Safety Compliance Declaration by PSCS is a new Safety and Health declaration to be provided by a service provider to be appointed to the role of Project Supervisor Construction Stage under the Safety, Health and Welfare at Work (Construction) Regulations 2006 – 2013. This declaration must be signed and returned by the successful tenderer prior to appointment.
Pillar 3
Suitability Assessment Questionnaires for Service Providers – QC 1 and QC 2 both version 2.0
The Employer Notes for QC1 and QC2 have been updated to reflect the changes.
QC 3, QC 4 and Health and Safety Supplements 3.4.1 (Health and Safety Competence of Designer), 3.4.2 (Health and Safety Competence of PSDP) and 3.4.3 (Health and Safety Competence of PSCS) have all been withdrawn.
Appendices C1 and C2 which are Health and Safety Declarations have also been withdrawn.
Pillar 4
New guidance note GN1.6.3 – Prequalification of Consultants using Minimum Standards for Suitability Criteria
This new guidance note sets out suggested minimum standards to be used in the suitability assessment questionnaires for service providers.
10 June 2013 – Model Forms (Works) MF1.2(a) to MF 1.2(i); and MF 1.3
Model Forms MF 1.2(a) to MF1.2(i) inclusive; and MF 1.3 have been withdrawn and have been replaced by MF1.2 Letters Notifying Candidates/Tenderers, which should be used with the current versions of the Instructions to Tenderers(Works).
You should now click on MF1.2 and answer the questions following by clicking on the yes/no options to direct you to the appropriate letter to notify Candidates/Tenderers at different stages of the procurement process. This suite of letters can also be used for Consultancy Services.
Where an earlier version of the Instructions to Tenderers was used, Model Forms MF1.2(a) to MF1.2(i); and MF 1.3 should continue to be used and are available under Archives Pillar 1 – Document Archives
1 May 2013 – Circular 07/13: Construction Procurement Reform – Reduction of the Current Level of Construction Performance Bonds for use with the Public Works Contracts
1. The Department of Public Expenditure and Reform has today issued a circular reducing the level of construction performance bonds required on public works contracts. The construction sector has seen extremely high levels of insolvency in recent years which is reflected in the appetite of specialist insurance providers to provide cover at the levels previously sought. The tightening in the market is leading to tendering delays where it is proving increasingly difficult to award contracts should the performance bond level required in the tender exceed 12.5%.
The circular sets out new levels for performance bonds for projects and will take immediate effect.
In the context of the public capital programme this is the first of a number of steps that are being taken to reduce the risk posed by insolvency of a main contractor on a public works contract. In the event of insolvency there is a financial loss sustained both in the additional costs involved in retendering but also due to the delay in providing the project in question. Details of these further steps will be communicated shortly.
2. This Circular can be accessed through the link to Circulars on the navigation menu.
3. The following documents have been updated to reflect changes required in Circular 07/13:
a. Changes have been made to Schedule ‘Part 1 E – Performance Bond’ of the following (i) Forms of Tender and Schedules and (ii) Schedules for Public Works Contracts:
• FTS-1 (v1.5 01/06/2012) and PW-CF1 Schedule (28/07/2011);
• FTS-2 (v1.5 01/06/2012) and PW-CF2 Schedule (28/07/2011);
• FTS-3 (v1.6 01/06/2012) and PW-CF3 Schedule (07/10/2011);
• FTS-4 (v1.6 01/06/2012) and PW-CF4 Schedule (07/10/2011);
• FTS-5 (v1.5 01/06/2012) and PW-CF5 Schedule (08/08/2011); and
• FTS-7 (v1.2 01/06/2012) and PW-CF7 Schedule (03/10/2011)
b. GN 2.3.1.3 – Section 1.3 ‘Main Criteria (Economic and Financial Standing), Criterion 10 Performance Bond’.
c. GN 1.5 – Section 2.3.3 ‘Performance Bonds’
4. In addition to 3 c. above the following changes have also been made to GN 1.5 Public Works Contracts;
a. Pricing Documents – the inclusion of guidance on the use of a Bill of Quantity for use in conjunction with the Short Public Works Contract (PW-CF6).
b. A Supplement 2 to the Agreed Rules of Measurement version 4 (ARM 4) has been issued by the Society of Chartered Surveyors and is effective from 1 May 2013. Supplement 2 provides those preparing Bills of Quantities with the option to use a less onerous set of measurement rules than those included in ARM4 when measuring the mechanical and electrical elements of the Work Requirements. Supplement 2 defines which of the ARM4 Rules it replaces. An Introductory Note to Supplement is available at Appendix D4 of GN 1.5. See also separate News Item.
1 May 2013 – ARM4 Supplement 2
A Supplement 2 to the Agreed Rules of Measurement version 4 (ARM 4) has been issued by the Society of Chartered Surveyors and is effective from 1 May 2013. Supplement 2 provides those preparing Bills of Quantities with the option to use a less onerous set of measurement rules than those included in ARM4 when measuring the mechanical and electrical elements of the Work Requirements. The Rules of ARM4 Supplement 2 relate solely to how information is presented in the Bill of Quantities / Pricing Document. It does not relax the requirement for the level of information to be provided to tendering contractors to clearly represent the design and specification of the mechanical and electrical services such that they may be constructed by a competent Contractor. Supplement 2 defines which of the ARM4 Rules it replaces. An Introductory Note to Supplement is attached and is also available at Appendix D4 of Guidance Note 1.5 ‘Public Works Contracts’.
23 April 2013 – Instructions to Tenderers for Works Contractors
1. A new ‘Instructions to Tenderers’ for use in a Restricted Procedure for Works Contractors using the Short Public Works Contract (ITT-W5); Invitation Letter; and Note for Employer have been developed.
2. An Invitation Letter and Note to Employer for use in an Open Procedure for Works Contractors using the Short Public Works Contract (ITT-W4) have also been developed.
3. Changes have been made to the instructions to Tenderers to reflect new arrangements for:
• The introduction of the new electronic Relevant Contracts tax (eRCT) system by the Revenue Commissioners in January 2012, which as a result the C2 certificate is no longer in use by subcontractors. This change will require to be reflected in the Department of Finance procedures for tax clearance in relation to public sector contracts and grants. Accordingly Circular 43/2006 is being revised and a replacement will issue shortly. In the interim, more details are available at http://www.revenue.ie/en/tax/rct/subcontractor.html. Note that the changes relate to use of the C2 only.
• A new suite of Notification letters, have been developed to replace the current model form letters 1.2 series and 1.3.
Note: These documents will be published on the website shortly and should be used in association with the revised ITTs published 23/04/2013. Current tender competitions, which are using the earlier versions of the ITTs, should use the model form letters 1.2 series and 1.3, which will continue to be available on the website under ‘Archives – Pillar 1’ when the new notification letters are published.
• Specialists – Section 5.10 (ITT-W2) and Section 5.11 (ITT-W1) – have been updated with separate instructions for (i) When a Candidate wishes to change a Specialist listed in the Works Requirements.(ITT-W1 and ITT-W2); and (ii) when a Candidate wishes to change a Specialist which it was initially pre-qualified with (ITT-W1).
4. The ITTW1 Invitation to Tender Letter to include the names of the Specialists who pre-qualified with the Candidates.
5. ITTW1 Note to Employer updated as a result of introduction of separate ITTW4 (Open Procedure) and ITTW5 (Restricted Procedure) for use with the Short Public Works Contract (PW-CF6).
The following documents have been updated to reflect the changes at 3. above:
ITTW1 v1.5 (dated 10 August 2011);
ITTW1 Invitation to Tender Letter (dated 18/07/2011);
ITTW1 Note to Employer (dated 01/03/2010)
ITTW2 v1.2 (dated 10 August 2011);
ITTW2 Note to Employer (dated 01/03/2010)
ITTW3 v1.2 (dated 10 August 2011);
ITTW3 Note to Employer (04/02/2010)
ITTW4 v1.0 (dated 7 October 2011);
ITTW6 v1.0 (dated 25 October 2011);
ITTW6 Invitation to Tender Letter (dated 25/10/2011);
ITTW6 Note to Employer (dated 25/10/2010)
15 March 2013 Instructions to Tenderers for Consultancy Services ITT-S1(a) and ITT-S1(b) (v1.2 dated 13 January 2011); and ITT-S2(a) and ITT-S2(b) (v1.2 dated 12 July 2010)
Minor text changes have been made to Section 9.5 ‘Assessment Methodology’ to correct previous drafting errors.
26 February 2013 – Revisions to COE2 Schedules (dated 18 March 2011) and FTS10 Form of Tender and Schedules (v1.1 18 March 2011)
Additional form fields have been added to Schedule B.
29 January 2013 – PW-CF11 Rates of Pay and Conditions of Employment Certificate (dated 30 September 2011) for use with the Public Works Term Maintenance and Refurbishment Works Contract
A typo error has been identified in the clause reference in the header. Clause 10.7 has been replaced with clause 9.7.
29 January 2013 – PW-CF11 Rates of Pay and Conditions of Employment Certificate (dated 30 September 2011) for use with the Public Works Term Maintenance and Refurbishment Works Contract
A typo error has been identified in the clause reference in the header. Clause 10.7 has been replaced with clause 9.7.
News Archive – 2012
Newsletter 14 November 2012 – Form of Tender and Schedule for Building Works Designed by the Employer FTS1 (v 1.5 01/06/2012)
The footnote on the cover of the document FTS1 contained a typo and has been corrected
4 September 2012 – PW-CF1 Public Works Contract for Building Works Designed by the Employer (v 1.7 dated 28 July 2011)
Clause 10.7.3 of the Public Works Contract for Building Works Designed by the Employer incorrectly referred to Part 2E of the Schedule instead of Part 2 D since version 1.7 was published on 28 July 2011. This has now been corrected to Schedule Part 2 D.
Newsletter 1 June 2012 – Form of Tender and Schedule (Works) FTS1 to FTS8 and FTS11
The footnote regarding the rates of VAT has been amended in the Forms of Tender (FTS1-FTS8 and FTS11) and now has a link to the Revenue website www.revenue.ie for details of the current rates.
The Form of Tender and Schedule for the Short Public Works Contract (FTS6 v1.2 – 3 October 2011) has been amended to allow the Form of Tender to be witnessed.
17 January 2012 – Revision of Public Procurement Directives’ thresholds with effect from 1 January 2012:
The EU Commission has revised the Public Procurement Directive’s thresholds resulting in an increase in the thresholds for advertising in the Official Journal of the EU which comes into effect on 1 January 2012. The details are set out in the attached table. EU Thresholds for advertising in the Official Journal of the EU applicable from 1 January 2012.
References to EU thresholds have been updated in the following Guidance Notes to align with current EU thresholds which are effective from 1 January 2012 to 31 December 2013:
GN 1.4 – Procurement Process for Works Contractors (v 1.0 – 10 May 2011)
GN 1.5 – Public Works Contract (v1.2 – 31 March 2011)
GN 1.6 – Procurement Process for Consultancy Services (Technical) (v1.1 – 23 March 2011)
GN 1.6.1 – Suitability Assessment of Service Providers, Restricted Procedure (v1.0 – 23 March 2011)
GN 1.6.2 – Suitability Assessment of Service Providers, Open Procedure (v1.1 – 23 March 2011)
GN 2.3 – Procurement Process for Works Contractors (v 1.1 – 10 May 2011)
GN 2.3.1 – Suitability Assessment of Works Contractors, Restricted Procedure (v1.0 – 28 January 2011)
GN 2.3.2 – Suitability Assessment of Service Providers, Open Procedure (v1.0 – 28 January 2011)
2011
News Archive – 2011
28 October 2011 – Value for Money and Policy Review of the Construction Procurement Reform Initiative Report – January 2011
The Value for Money and Policy Review of the Construction Procurement Reform Initiative Report, which was published on the Department of Finance’s website on 14 February 2011, is now available.
28 October 2011 – Suitability Assessment Questionnaires for Works Works Contractor/Specialist (QW1 v 1.3 – 4 October 2010; QW2 v 1.2 – 20 September 2010; and QW3 v1.1 – 1 February 2011)
Greater flexibility has been introduced in Section 3.3a Evidence of Turnover, which allows contracting authorities to decide on whether the turnover should be based on an average minimum or just a minimum.
25 October 2011 – Instructions to Tenderer using the Restricted Procedure for Term Maintenance and Refurbishment Works Contracts (ITT-W6 v 1.0 dated 25 October 2011); Invitation to Tender; and Note to Employer
Following the recent publication of the Term Maintenance and Refurbishment Works Contract, the Invitation to Tender; Instructions to Tenderer using the Restricted Procedure for Term Maintenance and Refurbishment Works Contracts; and Note to Employer, are now being published.
7 October 2011 – Appendix 7 and 8 to PW-CF1 to PW-CF4 (dated 4 November 2009); Schedules to PW-CF 3 and PW-CF4 (dated 28 July 2011); and FTS 3 and FTS4 (v1.4 28 July 2011):
7 October 2011 – Instruction to Tenderers using the Open Procedure for Works Contractors using Short Form of Contract (v 1.0 dated 7 October 2011)
A separate Instruction to Tenderers using the Open Procedure for Works Contractors and the Short Form of Contract (ITTW4) has been developed.
3 October 2011 – Revisions to PW-CF7 and PW-CF8 Schedule (dated 25/03/11); and FTS7 and FTS8 (v 1.0 01/06/10)
Minor changes have been made to the Schedules in relation to insurance to reflect what is available in the market following discussions with Insurance Brokers.
3 October 2011 – Term Maintenance and Refurbishment Works Contract (PW-CF11 v1.0 dated 30 September 2011)
The Term Maintenance and Refurbishment Works Contract is a new addition to the suite of public works contracts published as part of the Capital Works Management Framework. While it is different to the other forms of public works contracts (PW-CF1 to PW-CF6) in that it is not a fixed price lump sum contract, it adheres to the key principle on which all the Government contracts are based.
29 September 2011 – Revision to GN 2.2 Planning and Control of Capital Costs v1.0 dated 28 July 2009
A short amendment has been made to Section 2.6 (Page 50) of GN 2.2 v 1.1 (dated 29 September 2011) to incorporate text that had been included in an earlier guidance document (CWMF Guidance Notes 16 and 17 Technical).
06 September 2011 – Revisions to Appendix A to QW1- QW3, QC1 – QC4
A minor amendment has been made to the first signature box.
29 August 2011 – Public Works Contract for Early Collaboration (PW-CF10 v1.0 29/08/2011 and associated Schedules; Employer Note and Form of Tender and Schedules (FTS11 v1.0 29/08/2011)
The Public Works Contract for Early Collaboration is a new contract which is being added to the suite of Public Works Contracts. This contract is intended for use on large projects (e.g. over €100 million), or technically complex projects on which Contractor input is required at an early stage. It can only be used if prior approval has been received from the Government’s Construction Contracts Committee and such approval will be on a contract by contract basis.
10 August 2011 – ITTW1 (v1.4) and ITTW2 (v1.1) dated 19 July 2011:
Changes have been made to reflect new arrangements for Specialists in Schedule in Public Works Contracts PW-CF1 to 5.
8 August 2011 – Public Works Contract for Early Collaboration (PW-CF10 v1.0 8/08/2011)
The Public Works Contract for Early Collaboration is a new contract which is being added to the suite of Public Works Contracts. This contract is intended for use on large projects (e.g. over €100 million), or technically complex projects on which Contractor input is required at an early stage. It can only be used if the Government’s Construction Contracts Committee has given approval to do so which will be on a contract by contract basis.
8 August 2011 – Revisions to PW-CF6 (v 1.5 4/11/09); Schedule (dated 25/03/11); and FTS6 (v 1.1 01/06/11)
PW-CF6: Employer liability and insurance provisions revised to reflect what is available in the market following discussions with Insurance Brokers; and Additional provision in REA (4 February 2011) included.
FTS6:Minor changes have been made to the Schedule in relation to insurance.
8 August 2011 – PW-CF 5 Schedule for Minor Works Contract; and FTS5 v1.4 both dated 28 July 2011:
A correction has been made to the Compensation Event column for items 18-21 in Part 1K of the Schedule.
28 July 2011 – Revisions to PW-CF1 to PW-CF5 (v1.6) and Schedules (all dated 30 March 2010); FTS1 to FTS4 (v1.3 10 May 2011) and FTS5 (v 1.3 30 March 2010)
PW-CF1 – PW-CF5: A number of minor amendments have been made which include the following:
FTS1 –FTS5:
Apart from a change to text relating to disputes in the Form of Tender; minor changes have been made to the Schedule which include insurance, weather measurement and named specialists in the Schedule.
19 July 2011 – Instructions to Tender for Works, Restricted and Open Procedure (ITTW1 v1.3 10/02/11) and (ITTW2 v1.1 10/02/11)
Minor amendments have been made to the Instructions to Tender to allow the award criteria to be either on: (i) a MEAT basis; or (ii) lowest price only.
20 June 2011 – MF 1.9 Novation Agreement:
‘Section 4 – Employers Representative’ has been amended.
17June 2011 – Appendix E to QW1, QW2, QW3
Footnote 1 has been removed.
1 June 2011 – Form of Tender and Schedule (Works) FTS6 to FTS8
The default for Tender Price in the Form of Tender has been set to ‘excluding all VAT’.
26 May 2011 – GN 2.3 Procurement Process for Works Contractors v 1.1
Page 59 – Section relating to ‘If the budget is exceeded – action post-award’ – the omission of ‘not’ from the last line of the paragraph has been corrected.
10 May 2011 – Minor changes have been made to the following documents:
29 April 2011 – Revision to Appendix A QC1, QC2, QC3 and QC4
Minor amendment has been made to the signature box: APPENDIX A: QC1; QC2; QC3 and QC4.
12 April 2011 – ARM 4 and Supplement 1
A Supplement to the Agreed Rules of Measurement version 4 (ARM 4) has been issued by the Society of Chartered Surveyors and is effective from 4 April 2011. This Supplement modifies those rules of measurement so as to align them with the new public works contracts. The Introductory Note to this Supplement is attached and is also available at Appendix D3 of Guidance Note 1.5 ‘Public Works Contracts’.
Introductory Note to the Agreed Rules of Measurement version 4 (ARM 4) and Supplement 1.
4 April 2011 – Authorised Bonding Business
A new Information Note in relation to Authorised Bonding Business is now included under Pillar 1. It covers both Banks and Insurance Businesses (Non-Life).
31 March 2011 – Revisions to MF1.4 – Letter of Acceptance, Employer Instructions (dated 26/11/2010) & GN1.5 Public Works Contract (28 January 2011 v1.1)
Minor amendments have been made to the Employer Instructions associated with MF1.4.
Amendments have been made to the following Sections in GN1.5 (see change note in archives for further details):
31 March 2011 – MF2.2 – Letter of Acceptance & Client Instructions
Pricing Schedule and Service Requirement have been included in the list of documents that the contract will consist of. Client Instructions can be located under the plus [+] sign at MF2.2.
30 March 2011 – MF2.3 Collateral Warranty for Sub-Consultants
A standard Model Form MF 2.3 Collateral Warranty for Sub-Consultants is now available on the website and can be found under Model Forms under Standard Conditions of Engagement.
28 March 2011 – MF2.2 – Letter of Acceptance for Consultants
A standard Model Form MF 2.2 Letter of Acceptance for Consultants is now available on the website and can be found under Model Forms under Standard Conditions of Engagement.
25 March 2011 – Schedules for PW-CF 6: Public Works Short Form of Contract; PW-CF 7: Public Works Investigation Contract; and PW-CF 8: Public Works Short Form of Investigation Contract
To be consistent with the other forms of contract separate Schedules are now available for PW-CF 6; PW-CF 7; and PW-CF 8. Note: The Schedules continue to be available as part of the ‘Tender and Schedule’ documents.
23 March 2011 – Revisions to GN 1.6 Procurement Process for Consultancy Services (Technical) (v1.1); GN 1.6.1 Suitability Assessment of Service Providers, Restricted Procedure (v1.0); and GN 1.6.2 Suitability Assessment of Service Providers, Open Procedure (v1.0) all dated 28 January 2011
References to ITTS1 and ITTS2 in the three guidance notes have been updated to align with the separate ITTS1 (a) and (b) documents that were published on 20 April 2010; and the ITTS2 (a) and (b) documents that were published on the website on 12 July 2010.
A minor typo has been corrected on P.94 of GN 1.6.1.
Amendments have been made to GN 1.6.2 Section 2.2 (page 23) Step-by-Step Open Procedure. Mainly the minimum period for submission of questionnaires has been amended and the reference to PIN’s has been included under Step 3.
22 March 2011 – Revisions to COE1, COE2, FTS9 & FTS10
Schedules A & B have been separated from the COE1 & COE2. Text & text fields have been added to Schedule A (1)(7) of FTS9 & FTS10.
10 Feb 2011 – Revisions to ITTW1, ITTW2 & ITTW3
Text relating to additional information in Appendix 2 has been changed to fixed text.
03 Feb 2011 – Revisions to Guidance Notes
References to EU thresholds have been updated to align with current EU thresholds which came into effect from 1 January 2010 to 31 December 2011.
2 February 2011 – Revisions to QW3 (version 1.1 dated 27 September 2010)
Minor revisions have been made to QW3 to alter choices.
2 February 2011 – Revisions to Supplements 3.4.1 and 3.4.2 to Suitability Assessment Questionnaires
All references to third party certification of safety management systems have been removed from Sections 3.4.1a and 3.4.1b of Supplement 3.4.1 and 3.4.2 to QW1, QW2 and QW3.
2 February 2011 – GN 2.3.1.2 ‘Suitability Criteria for Contractors’: (dated 30 November 2010)
(i) All references to third party certification of safety management systems have been removed from criterion 1 and 2 for Roles 1 (H&S Competence of Works Contractor) and 2 (Project Supervisor for the Construction Stage (H&S)) as such systems do not apply to these criteria.
(ii) Tables have been re-organised to give greater clarity.
13 January 2011 – Revisions to ITTS1 (a) and ITTS1 (b) (version 1.2. dated 22 April 2010)
Minor text changes have been made to Section 9.5 ‘Assessment Methodology’.
2010
News Archive – 2010
22 Dec 2010 – Revisions Guidance Note 2.3 – Procurement Process for Works (dated 28 July 2009 v.1.0)
Amendments have been made to timeframes for the tendering period under Section 3.2 Advertising and Timeframes for the Tender.
30 Nov 2010 – Revisions to Letter of Undertaking from Surety Company regarding Bond (Appendix I of QW1, QW2 & Appendix Q of GN 2.3.1.2)
The amount of the bond in the letter has been changed from a monetary amount to a percentage figure.
Also, the note has been revised for clarification.
29 Nov 2010 – Revisions to MF1.3 – Letter of Intent – Below EU Threshold – No Cross Border Interest (dated 28/07/2009) & Employers Instructions & MF1.4 Employers Instructions
MF1.3 – Letter of Intent & Employers Instructions have been revised with the addition of a footnote for clarification.
MF1.4 Employers Instructions – footnote has been added for clarification.
1 Nov 2010 – Revisions to MF1
Arising out of the introduction to the Remedies Directive 2007/66/EC the following letters have been drafted:
12 October 2010 – Revisions to FTS 4 (version 1.3 dated 20 March 2010).
The option ‘is not’ is now included in the drop-down menu of Schedule Part E Performance Bond as it was inadvertently omitted in previous version.
08 Oct 2010 – Revision to ITT-W1, Instruction to Tender for Works, Restricted Procedure (dated 16 April 2010 v1.3)
The ITT-W1 has been amended to align with requirements set out in circular 10/10.
08 Oct 2010 – Revision to QW1, Works Contractor, Restricted Procedure (dated 7 September 2010 v1.2)
The reference to Appendix ‘G’ in Supplement 3.4.2 has been changed to Appendix ‘H’.
06 Oct 2010 – GN 2.3.1.3 Minimum Standards for Suitability Criteria for Works Contractors
This document sets out the task of establishing Minimum Standards for Suitability Criteria for Works Contractors. The template is based on the selection criteria as set out in EU Directives. Its objective is to ensure that thresholds for Suitability Assessments are set proportionate to the size, nature and complexity of a project.
05 Oct – Revision to QW1, Works Contractor, Restricted Procedure (dated 7 September 2010 v1.2)
The instruction boxes at the end of each criterion in QW1 Questionnaire and Supplements 3.4.1 & 3.4.2 have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.
30 Sept 2010 – Revision to GN 2.3.1.2 Suitability Criteria for Contractors, Submission of Evidence and Procurement Threshold (6 September v1.0) & GN 2.3.1.2.1 Reconciliation of Appendices in GN 2.3.1.2 and QW1, QW2 and QW3
Three new Appendices, Q, R & S, have been added to Guidance Note 2.3.1.2 & Guidance Note 2.3.1.2.1.
27 Sep 2010 – Revision to QW3, Works Specialist for Specialist Area of Works (dated 14 January 2010 v1.1)
The QW3 Questionnaire and attached Appendices and Supplements have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.
20 Sep 2010 – Revision to QW2, Works Contractor, Open Procedure (dated 14 January 2010 v1.1)
The QW2 Questionnaire and attached Appendices and Supplements have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.
7 Sept 2010 – Revision to QW1, Works Contractor, Restricted Procedure (dated 14 January 2010 v1.1) & GN 2.3.1.2.1 Reconciliation of Appendices in GN 2.3.1.2 with Appendices in QW1, QW2 and QW3
The QW1 Questionnaire and attached Appendices and Supplements have been amended so they are aligned with the requirements set out in Guidance Notes 2.3.1.2.
This guidance note has been created to reconcile Appendices in GN 2.3.1.2 and QW1, QW2 and QW3.
06 Sep 2010 – Revision to GN 2.3.1.2 Suitability Criteria for Contractors, Submission of Evidence and Procurement Threshold (13 Aug 2010 v1.0)
Two new Appendices, O & P, in relation to meeting the minimum health and safety standards in regard to educational and professional qualifications have been added to Guidance Note 2.3.1.2. Also a few minor amendments have been made.
18 Aug 2010 – Circular 10/10 – Facilitating SME Participation in Public Procurement
The Department of Finance issued on 13 August 2010 Circular 10/10 and accompanying guidance documents on measures to help improve SME participation in public procurement. Circular 10/10 sets out the positive measures that Government requires contracting authorities to follow so as to promote SME involvement in a manner that is consistent with the principles and rules of the existing public procurement regulatory regime.
18 Aug 2010 – GN 2.3.1.2 – Suitability Criteria for Contractors, Submission of Evidence and Procurement Threshold
The new Guidance note 2.3.1.2 that is included in the Capital Works Management Framework aims to assist contracting authorities structure and run their competitive processes for public contracts in a manner that facilitates increased participation by SMEs, while they continue to ensure that all public sector purchasing is carried out in a manner that is legal, transparent, and secures optimal value for money for the taxpayer.
27 Jul 2010 – Revisions to MF1.2 – Letter to Apparently Unsuccessful Tenderer (28 Jul 2009)
Arising out of the introduction to the Remedies Directive 2007/66/EC the following letters have been drafted and are included in Model Form 1.2:
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.
2009
News Archive – 2009
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 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 a 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.
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. GN2.3.1.1 – 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’.