EU CONTRACT NOTICE TEMPLATE (Restricted Procedures) for Construction Projects
Planning & Building Unit
EU CONTRACT NOTICE TEMPLATE
(Restricted Procedures)
for
Construction Projects
September 2003
Planning & Building Unit
Department of
Education and Science
Tullamore, Co. Offaly.
Telephone: (0506) 24300
Fax: (0506) 51119
Web:
Notes on completing EU Contract Notice under the Restricted Tendering Procedure for Department of Education & Science funded Capital Works Projects[1].
GENERAL NOTES
As of May 1st 2002, EU Directive 2001/78/EC requires that all Notices be published using standard forms available on the EU Website at:
There are 3 stages at which particulars of the Contract or group of contracts must be advertised in the OJEC, the Prior Indicative Notice, the Contract Notice and the Contract Award Notice.
This guidance note applies to Contract Notices for Department of Education & Science funded Construction Projects only.
For all Construction Projects above the threshold limit of €6,242,028.00 excluding Value Added Tax a Contract Notice, which complies with the form and content set out by the Directives, must be published. The procedure to be used for above threshold Department of Education & Science Construction projects is the Restricted Tendering Procedure.
For calculation purposes all Contracts in the Construction process including enabling works, and all sub-Contracts are considered one Contract and cannot be sub-divided into separate Contracts to avoid using the EU procedures. The Awarding Authority should also take into account that tenders received may exceed the pre-tender estimate, and should build in a margin of safety. It is therefore recommended that where EU procedures be followed unless the pre-tender estimate exclusive of V.A.T. is less than €5.5m and it is envisaged that the date of tender will not exceed the date of the estimate by more than 6 months.
Where EU Procedures apply, Contracts for Nominated Sub-Contractors should also be advertised in the OJEU in the same Contract Notice, included under Clause II.1.6) “Description/object of the contract “
All EU Notices can be submitted by letter, fax, e-mail or on-line as follows:
Postal address:EUROPEAN UNIONPublication of Supplement to the Official Journal of the European Communities,
2, rue Mercier, L-2985 Luxembourg
Fax Numbers:00352-29-29-44-619 or 00352-29-29-44-623 or 00352-29-29-42-670
e-mail:
On-line
In the restricted Procedure the Contract Notice is an advertisement for “Expressions of Interest” from Contractors wishing to be considered for short-listing for the Main Contract or one of the Nominated Sub-Contracts. The Awarding Authority must allow a minimum period of 37 days from dispatch of the Contract Notice for responses from Contractors.
A further period will elapse while the Awarding Authority examines the submissions received and prepares the short-list. Once approval to go to Tender has been received in writing from the Department of Education & Science, the Awarding Authority can then issue “Invitations to Tender” to the short-listed Main Contractors and Nominated Sub-Contractors. The Awarding Authority is then obliged to allow a minimum period of 40 days from dispatch of written Invitation to Tender for submission of Tenders where no Prior Indicative Notice was published, or 26 days where a Prior Indicative Notice was published not less than 52 days and not more than 12 months before the Contract Notice.
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Department of Education & ScienceEU CONTRACT NOTICE TEMPLATE (Restricted Procedures) for Construction Projects
COMPLETING the CONTRACT NOTICE
Using this guide fill out a copy of the blank EU standard Contract Notice available at:
CONTRACT NOTICE
Building Construction Projects come under Works. Tick the box beside “Works”:Works Works
Supplies
Services / Reserved for the Publication Office
Date of receipt of the notice ______
Identifier ______
Member States of the European Union are also party to the World Trade Organisation (known as WTO) Government Procurement Agreement (GPA). The normal response is: YES
Is this contract covered by the Government Procurement Agreement (GPA)? NO YES
SECTION I:CONTRACTING AUTHORITY
I.1) Official name and address of the contracting authority
The organisation is the name of the Authority (e.g. VEC, Institute of Technology, or school), not the location of the proposed works although both may be the same.Organisation
(enter name of Agency e.g. VEC, IoT, or School) / For the attention of
(enter name of person dealing with project)
Address
(enter postal address) / Postal code
(If applicable)
Town
(enter Town ) / Country
IRELAND
Telephone(enter phone number of person dealing with project including international code:00353-etc) / Fax
(enter FAX, if any, of person dealing with project including international code:00353-etc)
Electronic mail (e-mail)
(enter e-mail, if any, of person dealing with project) / Internet address (URL)
(if applicable only)
I.2) Address from which further information can be obtained:
For 1.2, 1.3 and 1.4 below, unless different from 1.1, tick: As in I.1 If different the relevant information must be filled in at Annex AAs in I.1 If different, see Annex A
I.3) Address from which documentation may be obtained:
As in I.1 If different, see Annex A
I.4) Address to which tenders/requests to participate must be sent:
As in I.1 If different, see Annex A
I.5) Type of contracting authority*
Section 1.5 is optional but should nonetheless be completed. An educational organisation such as a school, VEC is classed as a “Body governed by public law” tick: Body governed by public lawCentral level EU Institution Other
Regional/local levelBody governed by public law
SECTION II: OBJECT OF THE CONTRACT
II.1) Description
For Construction Projects only II.1.1 should be completed and the appropriate response is:Execution II.1.1) Type of works contract ( in case of works contract )
Execution Design and execution Execution, by whatever means of a work,
corresponding to the requirements
specified by the contracting authority
II.1.2) Type of supplies contract ( in case of supplies contract )
Purchase Rent Lease Hire-purchase A combination of these
II.1.3) Type of service contract ( in case of service contract )
Service category
II.1.4) Is it a framework agreement ? *NOYES
Construction Contracts are normally for a specific project. The normal response is: NOII.1.5) Title attributed to the contract by the contracting authority *
______
Section II.1.5 is optional. If your Authority wishes to label the Construction Project in a particular way, this is the place to record that name.II.1.6) Description/object of the contract (use continuation sheet if necessary)
______
______
A brief but accurate description is required for example:The Project will comprise the construction of (insert m2) of new (enter number of floors e.g. two storey) second level school accommodation, and the refurbishment of (insert m2) of existing school accommodation.
Firms wishing to express an interest in the following work areas should apply:
(i)General building work incorporating all specialist works not identified below.
(ii)Specialist Sub-Contract Work for Electrical Installation (asappropriate)
(iii)Specialist Sub-Contract Work for Mechanical Installation (asappropriate)
(iv)Specialist Sub-Contract Work for Built-in Furniture (as appropriate)
(v)Specialist Sub-Contract Work for Lift Installation (as appropriate)
(vi)Specialist Sub-Contract Work for Window Installation ( as appropriate)
II.1.7) Site or location of works, place of delivery or performance
______
The location of the Construction works should be stated e.g. :XXXX School, Address, Town, County, IRELAND
NUTS code * ______
The NUTS code refers to a nomenclature of statistical territorial units, and is optional. The relevant codes are: IE011 for Donegal, Leitrim, Sligo, Cavan, Monaghan, Louth; IE021 for Dublin; IE022 for Meath, Kildare and Wicklow; IE012 for Longford, Westmeath, Laois and Offaly; IE023 for Clare, Tipperary (NR), and Limerick; IE024 for Tipperary (SR), Kilkenny, Carlow, Waterford, and Wexford; IE025 for Kerry and Cork; and IE013 for Mayo, Roscommon and GalwayII.1.8) Nomenclature
II.1.8.1) Common Procurement Vocabulary (CPV) *
Section II.1.8.1) is optional. The Common Procurement Vocabulary is a classification system for describing the nature of the Service being advertised.The full list is available atFor example Building construction work is:45.21.00.00-2. Where the project is divided into lots e.g. an Enabling Works Contract, the relevant additional objects can be inserted.
II.1.8.2) Other relevant nomenclature (CPA / NACE / CPC) ______
This is not obligatory and can be left blankII.1.9) Division into lots (for details about lots use Annex B as many times as needed)
This Section must be completed. A lot refers to the sub-division of a Tender into two or more contracts advertised under the one Contract Notice. This does not apply to Nominated Sub-Contracts (where the contract is between the Contractor and the Sub-Contractors). The normal response is: NO NO YES
Tenders may be submitted for:one lot several lots all lots
II.1.10) Will variants be accepted(where applicable)
NO YES
This Section must also be completed. Where the tender response must be in accordance with the tender documents and specifications, the response is: NO. This is the normal response.II.2) Quantity or scope of the contract
II.2.1) Total quantity or scope(including all lots and options, if applicable)
______
This Section must be answered. Enter Project specific details here. The total quantity or scope of the works refers to the size of the project, not the cost, for example:(i.)General building work comprising construction of (insert m2) of new (enter number of floors e.g. two storey) second level school accommodation, the refurbishment of (insert m2) of existing (enter number of floors e.g. single storey) school, ancillary external works, and all specialist works not identified below. The work of the General Building Contractor will also include the provision of the services of the Project Supervisor for Construction Stage under the Safety, Health and Welfare at Work (Construction) Regulations 2001
(ii.)Specialist Sub-Contract Work for Electrical Installation (as appropriate)
(iii.)Specialist Sub-Contract Work for Mechanical Installation (as appropriate)
(iv.)Specialist Sub-Contract Work for Built-in Furniture (as appropriate)
(v.)Specialist Sub-Contract Work for Lift Installation (as appropriate)
(vi.)Specialist Sub-Contract Work for Window Installation (as appropriate)
II.2.2) Options (if applicable). Description and time when they may be exercised (if possible)
Not Applicable
A response is required. The normal response will be “Not Applicable”II.3) duration of the contract or time limit for completion
Either:Period in month/s and/or days (from the award of the contract)
Or:Starting / / and/or ending / / (dd/mm/yyyy)
This Section must be completed. The normal response is to enter the estimated duration of the Contract from the award of the Contract.SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION
III.1) Conditions relating to the contract
III.1.1) Deposits and guarantees required (if applicable)
______
While a response is required the normal answer will be “none”III.1.2) Main terms of financing and payment and/or reference to the relevant provisions (if applicable)
______
The normal response will be “In accordance with GDLA conditions of Contract”III.1.3) Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is awarded (if applicable)
The recommended response is:It is intended to award the contract to a single Main Contractor. Where a successful tender is submitted by a group of Contractors, a lead Contractor must be nominated who will be responsible for providing the service, and with whom the Awarding Authority will sign the Contract.
III.2) Conditions for participation
III.2.1) Information concerning the personal situation of the contractor, supplier or service provider and information and formalities necessary for the evaluation of the minimum economic, financial and technical capacity required
Guidance Note: The following wording is recommended:Candidates are required to provide all the information set out in Sections III.2.1.1, III.2.1.2, and III.2.1.3. below. The candidates will be short-listed on their financial & economic standing and technical capability evaluated on the basis of the information provided.
Candidates to whom any of the circumstances listed in Article 24 of EU Council Directive 93/37/EEC apply will be excluded from this competition.
Where the service is to be provided in association with one or more other Contractors, all the information required in Section III.2 must be provided in respect of each specialist firm proposed.
III.2.1.1) Legal position – means of proof required
The following wording is recommended:Statement by candidates that none of the cases quoted in Article 24 (a), (b), (c), (e), and (f) apply to them.
It is permissible to require a declaration on oath that the firm is not bankrupt, not convicted of an offence concerning their professional conduct, and has fulfilled their legal obligations regarding social security contributions and tax in Ireland, but unless the size and duration of the contract warrants it, this is not required. In the case of tax obligations, a C2 tax certificate cannot be required as a pre-condition for tendering as this requires the firm in question to be established in the contracting authority’s country. Once a valid tender is submitted and the Contracting Authority intends to award the contract, it can then request a C2 to permit payment under Irish Laws.
III.2.1.2) Economic and financial capacity – means of proof required
Unless the Contract warrants additional information, the following wording is recommended:Statement by certified auditor of the candidate's overall turnover for the (3) three previous financial years;
Original reference from the candidate’s bank dated within 3 months of the closing date for expressions of interest confirming the capacity of the candidate to undertake the project in conjunction with current business commitments;
Evidence from a relevant Financial Institution of the Contractor’s ability to provide a [insert appropriate value]
% Performance Bond
III.2.1.3) Technical capacity – means of proof required
The following wording is recommended:(1)Educational and professional qualifications, experience and project management skills of Contractor’s management staff
(2)Educational, professional qualifications, and experience of staff who will be responsible for the proposed project, and in particular working experience and project management skills in the construction of projects of a similar nature, complexity and size;
(3)A list of major building projects undertaken by the candidate during the last five years including projects of a similar nature and complexity. In the case of each project, the candidate must provide information on the project type, the names of the Contracting Authority and Professional Consultants involved, value and start/completion dates. Certificates of satisfactory execution for the works may be provided in respect of each project;
(4)A schedule of current workload, including a description of the projects, the value of each and the start/completion dates;
(5)A schedule of tools, plant and technical equipment available to the candidate for carrying out the work
(6)A schedule of the firm’s average annual manpower and the number of managerial staff for the last three years. The numbers employed in each category should be stated;
(7)A schedule of the technicians or technical bodies which the candidates can call upon for carrying out the work, whether or not they belong to the firm;
(8)Declaration that the contractor has reported all notifiable accidents over the last 3 years as required by law with details of all such accidents over that period, or, in the case of Contractors from jurisdictions where there are no such reporting requirements, details of all accidents resulting in death or serious injury;
(9)Declaration of competency to act as Project Supervisor (Construction) with names and appropriate qualifications and training of persons to be responsible on this project;
(10)A statement of the candidate’s health, safety and welfare policy and evidence of its capacity to implement all statutory obligations in regard to Safety, Health and Welfare at Work Regulations;
(11)Details of the safety management arrangements which the contractor operates on existing construction sites including details of safety training for its staff;
III.3) Conditions specific to services contracts
Section III.3.1 and III.3.2 are not applicable – leave blankIII.3.1) Is provision of the service reserved to a specific profession?
NO YES
If yes, reference of the relevant law, regulation or administrative provision
______
III.3.2) Will legal entities be required to state the names and professional qualifications of the personnel responsible for execution of the contract?
NO YES
SECTION IV: PROCEDURE
IV.1) Type of procedure
The appropriate answer is: RestrictedOpen Accelerated restricted
RestrictedAccelerated negotiated
Negotiated
Sections IV.1.1 and IV.1.2 are not applicable – leave blankIV.1.1) Have candidates already been selected? (for negotiated procedure only and if applicable)
NO YES If yes, provide details under Other information (section VI)
IV.1.2) Justification for the choice of accelerated procedure (if applicable)
______
IV.1.3) Previous publication concerning the same contract (if applicable)
IV.1.3.1) Prior information notice concerning the same contract (if applicable)
If relevant PIN notice issued within last 12 months enter details, otherwise leave blankNotice number in OJ content list / /S - of / / (dd/mm/yyyy)
IV.1.3.2) Other previous publications
If this contract was previously advertised in the EU Journal enter details, otherwise leave blank.Notice number in OJ content list / /S - of / / (dd/mm/yyyy)
IV.1.4) Envisaged number of suppliers which will be invited to tender (when applicable)
The number of candidates invited to tender should be from within a range of 7 to 10 provided there is sufficient number of suitable candidates.To limit the number of firms being invited to Tender, it is essential to indicate the number or range. The appropriate response is: Minimum 0 7 Maximum 1 0Number or:Minimum / Maximum
IV.2) Award criteria
For the appointment of Contractors the appropriate response is:Lowest Price Leave the rest of IV.2 blank.A)Lowestprice or
B) The most economically advantageous tender in terms of:
B1) criteria as stated below (in descending order of priority where possible)
In descending order of priority :NO YES
or:
B2) criteria as stated in contract documents
IV.3) Administrative information
IV.3.1) Reference number attributed to the file by the contracting authority *
Section IV.3.1 is optional. Enter it if you have a unique Job or Reference number.______
IV.3.2) Conditions for obtaining contract document and additional documents
This section does not apply for restricted procedures. Tender Documents are issued with the Invitation to Tender to the selected candidates.Obtainable until / / (dd/mm/yyyy)