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DEPARTMENT OF EDUCATION & SKILLS Guidance Note 1.2 – Open Tendering Procedure Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure 1 st Edition 14 th February 2011 Planning & Building Unit Department of Education and Skills Tullamore, Co. Offaly. Telephone: (057) 9324300 Fax: (057) 9351119 Planning and Building Unit

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Page 1: 1 · Web viewThe Tender Assessment Panel should check to see that the right Form of Tender and Tender Proposal Form for Consultancy Services 2011 has been submitted The Form of Tender

DEPARTMENT OF EDUCATION & SKILLS

Guidance Note 1.2 – Open Tendering Procedure

Guidance for Contracting Authorities appointing

Design Team Consultants Open Procedure

1st Edition 14th February 2011

Planning & Building UnitDepartment of

Education and SkillsTullamore, Co. Offaly.

Telephone: (057) 9324300Fax: (057) 9351119

Web: http://www.education.ie

Planning and Building Unit

CONTENTS

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

1. GENERAL INFORMATION.................................................................................................31.1 CLIENT/CONTRACTING AUTHORITY..............................................................................................31.2 DESIGN TEAM.............................................................................................................................31.3 TENDER ASSESSMENT PANEL.......................................................................................................31.4 STANDARD TENDER DOCUMENTS.................................................................................................31.5 SUMMARY OF APPOINTMENT PROCESS........................................................................................4

2. TENDER PROCESS............................................................................................................42.1 TENDER QUERIES........................................................................................................................42.2 OPENING THE TENDER SUBMISSIONS............................................................................................52.3 COMPLIANCE CHECK....................................................................................................................52.4 COMPLETING ASSESSMENTS........................................................................................................52.5 STANDARD OF MARKING; CRITERION C – PROJECT ASSESSMENT....................................................6

3. COMPLETING THE APPOINTMENT PROCESS................................................................83.1 DEPARTMENT REVIEW..................................................................................................................83.2 LETTERS TO UNSUCCESSFUL APPLICANTS.....................................................................................83.3 COMPLAINTS AND APPEALS..........................................................................................................83.4 DEPARTMENT RATIFICATION.........................................................................................................93.5 RECORD KEEPING........................................................................................................................9

4. APPENDICES....................................................................................................................10APPENDIX 1 OVERVIEW & TRACKING OF APPOINTMENT PROCESS.................................................10 APPENDIX 2 OVERVIEW & INSTRUCTION ON COMPLETING ASSESSMENT........................................11 APPENDIX 3 LETTER TO UNSUCCESSFUL APPLICANTS...................................................................14 Appendix 4 LETTER OF INTERNT TO APPARENTLY SUCCESFUL TENDERER…………………………..15

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

General Information

1.1 Client/Contracting Authority If site is owned by the Patron body, the school Board of Management [B.O.M.] will be the Client/Contracting Authority and will (with the assistance of the DoES) carry out the appointment process.

If the site is owned by the Department [DoES], the DoES is the Client/ Contracting Authority and it is the DoES who will carry out the appointment process (with the assistance of the school B.O.M).

1.2 Design Team Your Design Team will normally be made up of an Architect, Quantity Surveyor, Civil & Structural Engineer, and Mechanical & Electrical Engineer.

It is also necessary to appoint a Project Supervisor Design Process [PSDP]. The role of the Project Supervisor for the Design Process is the supervision, on behalf of the client, of the health and safety aspects of the design undertaken by members of the professional design team involved in the design of the project.

The process of appointing the Project Supervisor Design Process [PSDP] is outlined in DoES – Guidance Note 1.3 Project Supervisor Design Process Appointment Procedure.

1.3 Tender Assessment Panel It is strongly recommended that each Board of Management appoints a Building sub-Committee to oversee the assessment and appointment of their Design Team Consultants and to generally monitor progress on the project as it travels through Architectural Planning to Tender and Construction and on to Final Completion.

Those Boards who have followed this advice in the past have found this to be an efficient and effective way of controlling the project from a local perspective.

The sub-Committee should be made up of 3 or 4 people at most and a reporting structure to the main Board of Management should be agreed and implemented.

Ideally, the sub-Committee members would also be members of the Board of Management. However, it is a matter for each Board as to who sits on this sub-Committee.

In some cases, Boards have co-opted members of the building industry to help them in the assessment and appointment process. This is perfectly acceptable to the Department, but you should note that such professionals must declare any possible conflict of interest where such instances arise during the assessment process (e.g. if a Director/Employee of a local Quantity Surveying firm is on the sub-Committee & that firm has submitted a tender, he/she should not take part in the assessment of the Design Team).

1.4 Documents The documents that will be used for the appointment process are:

DoES – Tender Proposal Form for Consultancy Services 2011 – Open Procedure

DoES – Form of Tender for Consultancy Services 2011 – Open Procedure

DoES – Instruction to Tenderers 2011 for Consultancy Services 2011 – Open Procedure

DoES – Tender Excel Marking Matrix (Open Tendering)

Conditions of Engagement (Technical) (Contracts)

Schedules A & B (Contracts)

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

Tender packages returned to the Contracting Authority will consist of the following documents only:1. DoES – Form of Tender for Consultancy Services 2011 – Open Procedure

2. DoES – Tender Proposal Form for Consultancy Services 2011 – Open Procedure

References to the project type (i.e. 2a/2b/3) in any of the above documents or in the e-Tenders Advertisement/ Contract Notice refer to the project value and complexity. It has an effect on the minimum standard for participation at the end of the appointment process.

1.5 Summary of Appointment Process Attaching at appendix 1 is a checklist of actions required throughout the appointment process.

Please ensure same is used to track progress throughout the appointment process.

Tender Process

1.6 Tender Queries A date (in agreement between the school and the DoES) will be specified for an Open Day to be held by the School when tenderers can visit the site and tour the school. It is advisable that a member or representative of the school Board of Management is there to admit tenderers, but should not discuss the project with firms individually. (It is important that all tenderers have access to the same level of information).

If the school receives any queries at any time during the tender period, request that the query be put in writing and sent to the appropriate email address in the e-Tenders Advertisement/ Contract Notice.

The DoES will deal with the query as follows:

The DoES (on behalf of the Contracting Authority) will respond to queries potentially affecting the validity of the Tender Process through the eTenders query facility and cc the school.

The DoES (on behalf of the Contracting Authority) will not respond to queries relating to project specific information, information already contained in the Tender documents, or other queries not affecting the tender process.

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

1.7 Opening the tender submissions Ideally, the Tender Assessment Panel will have formed and met before the deadline for receipt of tenders. They would have agreed a time schedule to complete the assessments and depending on the number of applicants, it is likely that they will need to meet over 2 or 3 nights to finalise the assessments.

When the due date and time has passed the Tender Assessment Panel should open those Tenders received on or before the due date and time. Any emails, faxes or late submissions should be noted but must be excluded from the Tender Process.

In the case of late submissions, these should be opened and returned immediately to the sender, stating that the submission was late and was not considered for assessment. A record of this return should be retained.

The next task of the Tender Assessment Panel is to separate all valid submissions into four bundles representing the four Design Team Consultants to be appointed. Note that some firms may apply for one or more discipline. This is not uncommon and each application must be assessed on its own merits and under the relevant discipline.

Each envelope should contain the following documents only:1. DoES – Form of Tender

2. DoES – Tender Proposal Form

3. Stamped Addressed Envelope

1.8 Compliance Check The Tender Assessment Panel should check to see that the right Form of Tender and Tender Proposal Form for Consultancy Services 2011 has been submitted

The Form of Tender & the Tender Proposal Form for Consultancy Services 2011 which was included in the e -Tenders Advertisement/Contract Notice must be used by all tenderers.

Any other version of a Tender Proposal Form or the Form of Tender will deem the tender invalid.

The Contracting Authority should also check to see that both the Form of Tender and the Tender Proposal Form for Consultancy Services 2011 have been signed by a Principal/Director of the firm (e.g. not the secretary on their behalf). If either form hasn’t been so signed the Tender is invalid.

Invalid tenders should not be entered into the Marking Matrix.

However copies of the invalid tenders along with the reason for their invalidation should be submitted to the Department with the completed Marking Matrix when the assessment is complete (see 3.1 page 8).

1.9 Completing Assessments

Please refer to Appendix 2 for instruction & guidance.

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

1.10 Standard of marking Criterion C – Project Assessment While it is important for Contracting Authorities to be as objective as possible in marking subjective criteria (project Assessment), it is also necessary for them to measure the standard of response against other submissions. The term “excellent” for example is used to imply that the response is to a very high objective standard.

To get an understanding of the quality range possible in the responses to the Project Assessment criterion, Contracting Authorities are recommended to take at least 4 random tender submissions in each discipline and read them in accordance with the guidance below.

They are advised not to spend too much time agonising over allocating marks as they will be returning to these submissions later.

Now the Contracting Authority is ready to start marking the criterion.

Have a look at the columns for Resource marks and Rates marks: you will note they will be continually updated as you enter details of another consultant

o The cells displayed in Pink have failed to achieve a Pass Mark on that criterion and will not receive a Price Mark OR an overall mark in the Total Marks

o The cells displayed in yellow are on or above the minimum standard and have achieved a pass mark under those criteria.

o You may note that following the insertion of the Project Assessment mark, no marks have been apportioned for Price Marks & Total Marks for some tenderers – this is because they did not meet the minimum standard of 40% for Project Assessment and as a results their tender has been deemed invalid.

o An overall minimum quality threshold of 50% is required in order for a Price Mark & Total Marks to be apportioned

Mark the Project Assessment criterion for all qualifying tenderers.

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

If the response to Project Assessment exceeds 1 page you can ignore anything on the subsequent pages.

Candidates are expected to have read the briefing information included with the e-Tenders Advertisement/Contract Notice/Invitation to Tender and may also have visited the site.

There is no set response to this criterion and the submission will vary from project to project and from discipline to discipline.

If the appointment is for a replacement consultant, the submissions will normally be about how best to approach the delivery of the service. It may include how the Consultant will pick up the reins from the previous consultant ensuring a smooth transition and how the Consultant will progress the project to the next and subsequent stages. (It will not include a detailed critique of work done to date by the previous consultant. Detailed drawings and documents produced by the previous consultant will not be made available to the tenderers). Cost implications arising in future stages, and potential H&S issues both during construction and in use may be referred to.

If the competition is for a new appointment candidates will usually make a preliminary assessment (subject to future validation) of the project parameters and constraints (relevant to their discipline) and how best to approach the delivery of the service. It may include provisional identification of suitable locations for the building (where applicable), cost implications, and potential H&S issues both during construction and in use.

Whether a new project or an appointment is for a replacement consultant the applications of the Design Team Procedures and DoES Design Guidance to the project or element remaining are important.

Candidates are allowed to include graphics including thumb-nail sketches to highlight issues/thoughts but are not allowed to present layout plans.

The marks for this criterion are a matter for the judgement of the School Authority based on their knowledge of the school, the project brief and the information submitted by the candidate compared to other candidates’ submissions.

The response may briefly cover some or all the following (not listed in order of importance) relevant to the discipline:

Understanding of the issues relevant to the site and the project brief; Possibilities for the building location (where applicable); Applicable Design Guidelines Issues relating to transfer of liability (Replacement consultant)How to manage cost and area limits Cost implications (and in particular those affecting Project Viability); Critical H&S issues (both during construction and in use)Methodology for delivery

In determining a suitable mark for a tendering firm, it is important not to allocate marks simply for bullet points or headings of important issues. Instead the Contracting Authority should expect the submission to explain those issues adequately to qualify for an overall pass mark of 40% i.e. 10marks out of 25 marks.

A better than average response should carry a proportionately higher mark

If a tenderer fails to address any important issue (relevant to their discipline, whether specifically listed above or not) or gives an inadequate response, the Contracting Authority may not feel confident that if appointed the candidate firm could and would deal effectively with those issues and may choose to assign a mark less than 40% i.e. a Fail. As long as the same level of severity is applied to all tenderers (for that discipline) the Contracting Authority is not required to justify in detail the mark allocated.

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

Completing the Appointment Process

1.11 Department Review At this point the Contracting Authority will have 4 completed marking matrices, one for each discipline. The Contracting Authority should now send a copy of the 4 completed marking matrices along with the top 3 ranking submissions in each discipline to DoES for review.

1.12 Letters to unsuccessful applicants On completion of the aforementioned review the DoES will instruct the Contracting Authority to issue the standard Letter to Unsuccessful Applicants, - Appendix 3

The Contracting Authority should ensure that on completion of the Marking Matrix the marks apportioned under each criterion should be inserted on the bottom of the Tender Proposal Form at ‘For Office Use Only’. This will form part of the feedback information given to all candidates

The letter to the Unsuccessful Candidates will contain the marks of the Most Economically Advantageous Tenderer in each Discipline. A copy of pages 1 & 3 from the Tender Proposal Form for Consultancy Services 2011 duly completed in the section ’For office Use Only’ should accompany the letter to provide the tenderers with their individual marks.

The completed Marking Matrices should, in no circumstances issue to any tenderer.

1.13 Complaints and Appeals Complaints/appeals will be dealt with directly by the DoES. The ‘Letter to Unsuccessful Applicants’ will clearly state the procedure for complaints/appeals, the time limit (16 days) and the email address to which they should be sent. It will also state that queries/ complaints/appeals must not be sent to the school.

Should the school receive any e-mails sent to them directly it should response immediately informing the correspondent that the procedure stated in the ‘Letter to Unsuccessful Applicants’ must be used. If any applicants contact the school directly by phone they should be informed that the procedure stated in the ‘Letter to Unsuccessful Applicants’ must be used. No verbal information on the assessment will be given to applicants and in particular any information on the names or scores of other applicants. This letter contains all the information publicly available.]

‘Letter to Unsuccessful Applicants’ will contain wording that states that complaints and appeals should be limited to perceived errors which may affect the result. Genuine errors in marking or transcribing scores (i.e. errors which may affect the result) will be corrected. Complaints and appeals relating to such errors must be submitted in writing (by email) to [[email protected]] within 16 days.

Appeals sent to any other address (including directly to the school) will not be deemed valid appeals.

The DoES will deal with queries/ complaints/appeals as follows:

Genuine errors in transcribing marks (i.e. errors which may affect the result) will have to be corrected by the Contracting Authority and if necessary the procedure above for issuing ‘Letter to Unsuccessful Applicants’ will be repeated. Copies of all correspondence to & from the DoES will be cc’d to the Contracting Authority.

No response will be issued for queries/complaints deemed not to be of substance, or relating to information already contained in the pre-qualification documents.

Queries/complaints not affecting the tender process will be held over until end of the 16 day period. While the DoES does not undertake to respond to all such queries, the DoES may (at its discretion) respond to any issues of substance via a single email reply sent to all applicants.

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

1.14 DoES ratification The Planning and Building Unit may elect to audit the process for compliance with the procurement procedures but will not normally examine the submissions in detail.

In all cases the prior written authorisation from the DoES is required before you proceed to the actual appointment of the Consultants. Failure to comply may result in a requirement to re-tender the project with all the associated delays.

Following the 16 day Alcatel Period which will commence on the date the feedback letters are issued, the Contracting Authority should compile and forward the following to the Department:

1 Full name & contact details for recommended Design Team2 PSDP written assessment3 Copies of preferred candidates submissions4 Written confirmation from BOM that docs listed in letter of intent are in order

On receipt of the above documentation, the Department will review same and confirm ratification in writing to the Contracting Authority. The Department will then prepare and issue the Conditions of Engagement to the Contracting Authority, these Contracts must be signed by the Contracting Authority (Board of Management) and the Consultant.

A copy should then be forwarded to the Department for records.

When the Contracts are signed, the Board and the Design Team can commence Architectural Planning of the project by convening you first on-site meeting.

1.15 Record Keeping The importance of maintaining an efficient system for keeping records cannot be overstated. At any time throughout the project, the Department may wish to audit the records that the Board of Management to ensure that proper procedure are being adhered to and vital information is being retained.

The Board of Management should set up their own filing system that recognises the different area’s of a building project (e.g. Design Team appointments, Financial, Stage Submission from the Design Team, general correspondence, minutes of meetings etc.)

All tender documents should be kept for a period of 12 months.

1.16 Contact Your designated contact in the Administration Section of the Department is:

Ms. Claire JonesArchitectural Planning,Department of Education & Skills,Portlaoise Road,Tullamore,County Offaly

Tel: 057 – 932 5386Email: [email protected]

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Guidance for Contracting Authorities appointing Design Team Consultants Open Procedure

Appendix 1 - Checklist

Action[CA – Contracting Authority (BOM/VEC)]

Completed by:

Date:

1

The DoES will prepare and publish the e-Tenders Advertisement/ Contract Notice for the appointment of the Design Team and also for the appointment of the PSDP.Although separate competitions, both competitions will run simultaneously however assessments will be carried out separately The e-Tenders Advertisement/ Contract Notice will invite all applicants who meet a specified standard to submit Tenders for your project by a specified date.

DoES

2 The CA receives and registers all tenders. The C.A. marks all valid qualifying tenderers using the marking matrix provided by the DoES. CA

3

Following assessment the Contracting Authority submits copies of the top 3 ranking submissions in each discipline along with the completed marking matrix to DoES for review

The Contracting Authority must also submit copies of any tender submission which they have deemed invalid outlining the reasons for the exclusion.

CA

4The Contracting Authority assesses all PSDP submissions & submits copies of the top 3 ranking submissions along with the completed marking matrix to DoES for review

CA

5 DoES review PSDP matrix and issues instruction and documentation to complete the appointment DoES

6Following review of Consultants Marking Matrix the DoES will instruct CA to issue feedback letters & letter of intent to DT (both letters will be issued to the CA electronically)

DoES & CA

7 A 16 day Alcatel period now applies(where objections may be raised by tenderers)

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8 The preferred bidders provide evidence of compliance with the Conditions for Participation which the CA will review CA

9Following expiration of the Alcatel period the Contracting Authority will then forward copies of the submissions of preferred candidate in each discipline to PSDP to complete review

CA & PSDP

10

The CA must then submit the following documents to DoES for ratification(a) Full name, Address, contact details & fee proposed for recommended

Design Team(b) PSDP written assessment(c) Copies of preferred candidates submissions(d) Written confirmation from CA that docs listed in letter of intent are in order(e) Written confirmation & date from the CA of the feedback letters issued

CA

11 DoES will review same and confirm ratification DoES

12If there are no substantive challenges to the process the DoES issues the Contract Documents to the Contracting Authority for signing by the preferred bidders.

DoES

13 DoES will prepare and issue Conditions of Engagement x 8 to CA along with template letter of appointment (acceptance) DoES

14 CA signs and issues 2 copies of the Conditions of Engagement to the preferred Design Team for their signature CA

15 The appointment process is complete

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4. Appendix 2 – Assessment Please read in conjunction with item 2.5 Standard of marking of Criterion C – Project

Assessment

The Department will issue one Marking Matrix for each of the 4 discipline (Architect/Quantity Surveyor/Civil & Structural Engineer/Mechanical & Electrical Engineer) which you should save to your computer before completing, and save at intervals throughout the assessment process.

Before you start filling out the Spreadsheet, please insert the ‘Project Name’, ‘Roll Number’ and ‘Discipline’

Next, you need to indicate whether this appointment is a new appointment (i.e. no work has commenced on the project) or an appointment of a replacement consultant.

1. Click on the yellow box at the top left with the words "New Consultancy appointment or Replacement Consultant". This "box" or field is a "drop-down" menu field.

2. Click on the arrow to the right and select the appropriate wording from the list (the default is new appointment).

3. If you have selected "Replacement Consultant", a box coloured yellow will appear immediately under this field with the label: "Project Stage completed & approved:” Click on this box (another "Drop-down" menu field), then click on the arrow and select the stage of the project completed and approved (e.g. Stage 2a).

4. Now click on the field labelled "DT leader?", and select "Yes" if assessing the Architects and "No" for all other disciplines.

5. Lastly click on the Project Category "drop-down" field, and select the appropriate category –You will get this from the eTender advertisement/Contract Notice. [The spreadsheet needs this information to calculate the number of meetings presumed attended by the Director and Project Senior, which in turn it needs to work out the core hours of each consultant.]

You're now ready to enter the consultants' details.

6. Enter the name of the first Consultant (overwrite "Consultant 1" if necessary).

7. Working towards the right, enter the Tender sum as stated in the Form of Tender.

8. Enter the appropriate Rates for each Grade also from the Form of Tender. If the Tenderer has not included rates for each grade in the form of Tender enter a 0 (zero) - this will probably cause the tenderer to fail on rates!

9. Next enter the Travel Time (per visit) stated in the Tender Proposal Form. If the tenderer has left this blank (and the hours cannot be worked out from the explanation) enter the default amount of 8 hours.

As you enter details for each tenderer in the white columns, the spreadsheet will continually & automatically adjust the figures displayed to the right

Once an amount has been entered in each of the columns highlighted in white, the spreadsheet will automatically calculate & display the total Hours available for Stage Services for each tenderer.

The Price of those tenderers meeting the quality thresholds will be visible, as long as the tenderer has not already failed on either Resource or Rates marks.

The Price Mark however won't appear until the Project Assessment marks have been entered (You will only mark this criterion once all the consultants' details have been entered).

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Once all the details of all the Consultants are entered, you are ready to mark the Project Assessment criterion.

Mark the Project Assessment criterion for all qualifying tenderers.

Have a look at the columns for Resource marks and Rates marks: These are continually updated each time you enter project assessment marks for another consultant. The Price Mark (meeting quality thresholds) will be visible (as long as the tender has not already failed on either Resource or Rate Marks)

o The cells displayed in pink have failed to achieve a Pass Mark on that criterion and will not receive a Price Mark OR an overall mark in the Total Marks.

o The cells displayed in yellow are on or above the minimum standard and have achieved a pass mark under those criteria.

o You may note that following the insertion of the Project Assessment mark, no marks have been apportioned for Price Marks & Total Marks for some tenderers – this is because they did not meet the minimum standard of 40% for Project Assessment and as a results their tender has been deemed invalid.

o An overall minimum quality threshold of 50% is required in order for a Price Mark & Total Marks to be apportioned.

Once again the spreadsheet will continually up-date itself as you enter the Project Assessment marks. Keep going until you have finished marking all the tenderers.

Now that the Project Assessment marks for all tenderers have been entered, the Total Marks of each valid tenderer will be displayed in the right hand column.

The mark of the tenderer with the highest score will be highlighted in vivid green, the 2nd and 3rd in bright yellow, and the marks of all the remaining qualifying tenderers in cream.

4. Appendix 3 – Feedback LetterTo: Name of Tenderer

Address 1Address 2

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Address 3

Date: XX XXXXX 2011Re Consultancy Services for [Project Title]

A Dhaoine Uaisle

Thank you for submitting an application for the above project. I am writing to advise you that, on this occasion, your application was not successful.The selection process has been completed in accordance with the basis of assessment stated in DoES – ITTS Open Tender (being part of the tender documents).

The (apparently) Most Economically Advantageous Tender was submitted by <Successful Firm>The marks awarded to the Most Economically Advantageous Tender were as follows:

Consultancy Discipline ArchitectsQuantity

SurveyorsCivil/Structural

Engineers M&E EngineersRate

ResourceProject Assessment

PriceTotal Marks

Please find attached pages one and three of your Tender Proposal Form which includes your individual marks apportioned for Rate, Resource, Project Assessment & Price.

Note: An overall minimum quality threshold of 50% is required in order for a Price Mark & Total Marks to be apportioned {refer to Award Criteria (Instruction Section 9.1) of the Tenderers Instruction to Tenders 2011 for Consultancy Services 2011 – Open Procedure

Appeal procedureComplaints and appeals should be limited to perceived errors which may affect the result. Genuine errors in marking or transcribing scores (i.e. errors which may affect the result) will be corrected. Complaints and appeals relating to such errors must be submitted in writing (by email) to [[email protected]] within 16 days of the date of this letter. Appeals sent to any other address (including directly to the school) will not be deemed valid appeals.[Queries/ complaints/appeals must not be sent to the school . The school will ignore any such e-mails. If any applicants contact the school directly by phone they will be informed that the appeals procedure stated in this letter must be used. No verbal information on the assessment will be given to applicants. No information on the names or scores of other applicants will be provided at any stage. This letter contains all the information publicly available.]Queries/complaints not affecting the tender process will be held over until end of the 16 day period. While the Contracting Authority does not undertake to respond to all such queries, the Contracting Authority may (at its discretion) respond to any issues of substance via a single email reply sent to all applicants.On expiration of the period for appeal stated above and the resolution of any valid appeals, the Contracting Authority intends to proceed to issue a Letter of Intent to the (apparently) Most Economically Advantageous Tender.

I thank you for your interest in this procurement opportunity. Is mise, le meas

 [NAME) . On behalf of [Name of Contracting Authority/School]

4. Appendix 4 - Letter of Intent

To: Name of TendererAddress 1Address 2

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Address 3

Date: XX XXXXX 2011Re Consultancy Services for [Project Title]

Subject to Contract/Contract Denied

A Dhaoine Uaisle

I refer to your tender for the above contract.

I write to inform you that we intend to issue a Letter of Acceptance to you after receiving all the following items:

Your marks were as follows:

Consultancy Firm Tender Sum Rates MarkResource

MarkProject

AssessmentPrice Marks TOTAL

Your Marks: €xx xx xx xx xx xx

As your tender is the (apparently) most economically advantageous tender (subject to contract/contract denied) the following information needs to be provided to the undersigned within a period of 7 days so that we can confirm that you meet the Conditions for Award stated Clause 1.3 of the Instructions to Tender (DoES-ITTS Open Tender):

Tax, Declaration and Insurances:(1) a Tax Clearance Certificate

(2) A completed, signed and witnessed Standard Declaration Form relating to the firm’s personal situation (in the standard format in the Suitability Assessment questionnaires available on www.constructionprocurement.gov.ie)

(3) Evidence in the form of a letter from your Insurance Company confirming that the applicant has current Professional Indemnity Insurance [PI] cover in the sum of €1,000,000 complying with the conditions listed below, and that it will be maintained for six years after completion of the construction works in respect of the services provided.

The Maximum permitted excess is 1.5% of Turnover. Cover must be provided on an ‘each and every’ claim basis The conditions must provide for claims for breach of professional duty or civil liability as well

as negligence; Cover must extend to include specialist advisers engaged as service providers by the

applicant; Cover must be provided in respect of Joint & Several liability; and The jurisdiction in which claims can be lodged and settled is IRELAND.

(4) Evidence from the applicant’s Insurance Company in the form of a copy of the policy confirming that the applicant has current Public Liability Insurance with a minimum level of cover of €6,500,000.

(5) Evidence from the applicant’s Insurance Company in the form of a copy of the policy confirming that the applicant has current Employer’s Liability Insurance with a minimum level of cover of €13,000,000.

Technical Capacity:(6) Evidence that all the personnel listed in the signed Tender Proposal form meet the minimum standard

required as set out in Clause 1.3 of the Instructions to Tender (DoES-ITTS Open Tender)

(7) Three examples of projects completed by the firm or the lead Architect/Engineer/QS/PSDP (not the back-up) within the last 5 years where the above service (or equivalent) was provided in a satisfactory manner

(8) A completed, signed H&S Declaration (in the standard format in the Suitability Assessment questionnaires available on www.constructionprocurement.gov.ie),and where enforcement actions, legal proceedings accidents, fatalities or incidents have been recorded, evidence that adequate measures have been put in place by the Applicant to address any deficiencies in their Health and Safety procedures

(9) Evidence of adequate manpower resources to carry out the work both as Designer and as PSDP (if required). This will comprise evidence of adequate support staff (currently employed by the firm) in addition to the Project Senior proposed.

If any of the above listed items is not provided within 7 days of the date of this letter, we may proceed to award the contract to another tenderer. [Award of the contract will also be conditional on approval from the Department of Education and Skills.]

Department of Education and Skills, Planning and Building UnitPg 15 of 16

Page 16: 1 · Web viewThe Tender Assessment Panel should check to see that the right Form of Tender and Tender Proposal Form for Consultancy Services 2011 has been submitted The Form of Tender

This is not the Letter of Acceptance. The Employer has not accepted your tender.

Please return a copy of this letter acknowledging receipt as indicated below.

Is mise, le meas

Signed ____________________________On behalf of [Name of Employer]

ACKNOWLEDGEMENT

We acknowledge receipt of this letter on ___________ (date).

Signed ____________________________On behalf of [Name of the Tenderer]

Department of Education and Skills, Planning and Building UnitPg 16 of 16