DCC Certifiers: only architects need apply!

by Bregs Blog admin team

F7526

Here is a project recently advertised by Dublin City Council at a value between €200k and €600k. Listed as part of Architectural services are Assigned and Design certifier duties.

We wonder have any specialist Certifiers, non-architects Chartered Surveyors or Chartered Engineers (SCSI or ACEI members) lodged Competition Authority complaints against this restrictive practice, appointing only architects to certifier roles, for government public contracts?

We know at least one Architectural firm has complained to the Competition Authority regarding this practice, fearing public contracts if awarded under these restrictive terms, may be subject to reversal if found in breach of Irish and EU competition law.

We note there was a heated discussion at the representative body for architects (RIAI) AGM in September 2014 regarding the legality of “collective bargaining” between representatives of the RIAI  and the Department of Education concerning joint appointment of design certifier and architect for transition school projects.

We wonder given the slow uptake of the private voluntary register for contractors (CIRI)and similar slow-down in commencements under BC(A)R SI.9, have any public sector projects stalled due to lack of availability of certifiers? We note under SI9 the appointment is a personal one, and due to liability concerns most employees of firms are unwilling to act in these new roles.

Project in DCC: DCC need an Assigned Certifier under “architectural and related services” (link here)

“Conservation Architectural Services — Grade 1 (incl. design team lead) and associated specialist skills, i.e. Fire Safety Design Services, Disability Access Design Services, Employer‘s Representative for the Works Contract, and Design Certifier and Assigned Certifier services as defined under the Building Control (Amendment) Regulations 2014.”

Notice at:

https://irl.eu-supply.com/app/rfq/publicpurchase_frameset.asp?PID=81411&B=ETENDERS_SIMPLE&PS=1&PP=

DETAILS (EXTRACT)

______________

Section I: Contracting authority

i.1) name, addresses and contact point(s)

DUBLIN CITY COUNCILN/A

Martin McDonagh

Community & Social Development Section, Block 3, Floor 1, Civic Offices, Wood Quay

Dublin8IRELAND

+353 8711252947

Internet address(es):

General address of the contracting authority: http://www.dublincity.ie

Address of the buyer profile: http://irl.eu-supply.com/ctm/Supplier/CompanyInformation/Index/267

Electronic access to information: http://irl.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=81411&B=ETENDERS_SIMPLE

Further information can be obtained from: The above mentioned contact point(s)

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

Contact point(s): From etenders website only. Internet address: http://www.etenders.gov.ie

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

i.2) type of the contracting authority

Regional or local authority

i.3) main activity

General public services

i.4) contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

ii.1) description

ii.1.1) title attributed to the contract by the contracting authority:

Establishment of a single party framework agreement for integrated design services for the development of Richmond Barracks.

ii.1.2) type of contract and location of works, place of delivery or of performance

Services

Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

Main site or location of works, place of delivery or of performance: Dublin 8.

NUTS code Dublin

ii.1.3) information about a public contract, a framework agreement or a dynamic purchasing system (dps)

The notice involves the establishment of a framework agreement

ii.1.4) information on framework agreement

Framework agreement with a single operator

Duration of the framework agreement

Duration in years: 4

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

Estimated value excluding VAT:

Range: between 200 000 and 600 000 EUR

ii.1.5) short description of the contract or purchase(s)

Establishment of a single party framework agreement for integrated design services for the development of Richmond Barracks.

ii.1.6) common procurement vocabulary (cpv)

Architectural and related services (CPV: 71200000), Architectural, construction, engineering and inspection services (CPV: 71000000), Engineering services (CPV: 71300000), Civil engineering consultancy services (CPV: 71311000), Structural engineering consultancy services (CPV: 71312000),Building services (CPV: 71315000), Building services consultancy services (CPV: 71315210), Health and safety services (CPV: 71317200), Engineering design services (CPV: 71320000), Engineering design services for mechanical and electrical installations for buildings (CPV: 71321000), Quantity surveying services (CPV: 71324000), Urban planning and landscape architectural services (CPV: 71400000)

ii.1.7) information about government procurement agreement (gpa)

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

ii.1.8) lots

This contract is divided into lots: no

ii.1.9) information about variants

Variants will be accepted: no

ii.2) quantity or scope of the contract

ii.2.1) total quantity or scope:

The Contracting Authority (Dublin City Council) is seeking to establish a single-party framework agreement for integrated design team services for the development of Richmond Barracks. The framework agreement will be established with a single economic operator comprising the following disciplines:

(a) Conservation Architectural Services — Grade 1 (incl. design team lead) and associated specialist skills, i.e. Fire Safety Design Services, Disability Access Design Services, Employer‘s Representative for the Works Contract, and Design Certifier and Assigned Certifier services as defined under the Building Control (Amendment) Regulations 2014.

(b) Civil and Structural Engineering Services,

(c) Quantity Surveying Services,

(d) Building Services Engineering, Inc. Building Energy Rating,

(e) Landscape Architectural Services, and

(f) Project Supervisor for the Design Process.

Only those Applicants capable of delivering all of the services listed above (whether in-house or as a grouping/consortium) will be considered. Therefore, applications relation to one or several of these disciplines only are not acceptable and will be rejected.

The single party framework agreement will be established on foot of an initial contract for the preliminary design, detailed design and planning application, procurement of works contractor, works supervision and handover of work stages of the Richmond Barracks Interpretive Centre Project.

Further information on the framework agreement and initial contract is available from the Qualification Questionnaires available to download from www.etenders.gov.ie

Estimated value excluding VAT:

Range: between 200 000 and 600 000 EUR

ii.2.2) information about options

Options: no

ii.2.3) information about renewals

This contract is subject to renewal: no

ii.3) duration of the contract or time limit for completion

Duration in months: 048 (from the award of the contract)

Section III: Legal, economic, financial and technical information

iii.1) conditions relating to the contract

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

Prior to the conclusion of the framework agreement, the Contracting Authority reserves the right to seek copies of any agreements between the members of the consortium if the successful tenderer is a consortium or grouping of members.

The contracting authority reserves the right, at its absolute discretion, to require a lead firm to contract:

— on the basis of joint and several liability with each member of the candidate executing the contract,

— with a particular single member of the tenderer as the prime contractor, with the other members providing collateral warranties and/or guarantees; or

— as an incorporated or unincorporated special purpose vehicle, with collateral warranties and/or guarantees from the members of the candidate.

iii.1.4) other particular conditions

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

iii.2) conditions for participation

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

Information and formalities necessary for evaluating if the requirements are met: Please refer to qualification documents available to download from www.etenders.gov.ie

iii.2.2) economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please refer to qualification documents available to download from www.etenders.gov.ie

Minimum level(s) of standards possibly required: Please refer to qualification documents available to download from www.etenders.gov.ie

iii.2.3) technical capacity

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

Please refer to qualification documents available to download from www.etenders.gov.ie

Minimum level(s) of standards possibly required:

Please refer to qualification documents available to download from www.etenders.gov.ie

iii.3) conditions specific to services contracts

iii.3.1) information about a particular profession

Execution of the service is reserved to a particular profession: yes

Reference to the relevant law, regulation or administrative provision: The successful framework operator must be included on the statutory Register for Architects as required under the Building Control Act, 2007. Further information on registration can be found onwww.pointofsinglecontact.ie/browse-by-sector/construction/architectural%20services/architects.html

The Irish Point of Single Contact (PSC) has been established as the point of single contact for Ireland as required under the Services Directive 2006/123/EC. The role of the PSC is to assist service providers who wish to provide services in Ireland, by connecting them with the relevant competent authorities in order to complete all relevant procedures.

iii.3.2) staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

iv.1) type of procedure

iv.1.1) type of procedure

Accelerated restricted

Justification for the choice of accelerated procedure: ‘Compliance with the usual time-limits would be rendered impracticable for reasons of urgency’. The execution of the project is subject to an extremely tight timeframe and is subject to stringent conditions by the funding body. The project is also subject to planning permission, site investigations and conservation works. The project must be delivered by March 2016.

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

Envisaged number of operators: 5.

Objective criteria for choosing the limited number of candidates: Applications received will be assessed on the basis of the rules, criteria and weightings set out in the Qualification Questionnaire. It is envisaged that the top 5 scoring Candidates (subject to the quality and number of applications received) which also meet the minimum criteria and rules for selection set out in the Qualification Questionnaire will be invited to tender.

iv.2) award criteria

iv.2.1) award criteria

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

iv.2.2) information about electronic auction

An electronic auction will be used: no

iv.3) administrative information

iv.3.1) file reference number attributed by the contracting authority:

RB2016

iv.3.2) previous publication(s) concerning the same contract

no

iv.3.3) conditions for obtaining specifications and additional documents or descriptive document

Payable documents: no

iv.3.4) time limit for receipt of tenders or requests to participate

17.10.2014 – 12:00

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

English. Irish.

Section VI: Complementary information

vi.1) information about recurrence

This is a recurrent procurement: no

vi.2) information about european union funds

The contract is related to a project and/or programme financed by European Union funds: no

vi.3) additional information

Dublin City Council is subject to the provisions of the Freedom of Information Act (FOI) 1997, 2003. If you consider that any of the information supplied by you is either commercially sensitive or confidential in nature, this should be highlighted and the reasons for the sensitivity specified. In such cases, the relevant material, will in response to the FOI request; be examined in the light of the exemptions provided for in the Acts.

2. It will be a condition for the establishment of the framework agreement and award of any call-off contract that the successful Tenderer and all sub-contractors (if applicable) produce a valid Tax Clearance Certificate from the Revenue Commissioners in compliance with Circular (43) 2006 (or as amended) and that the certificate will be maintained for the duration of the contract and will be on a 12 month basis. In the case of a non-resident Tenderer, a statement of suitability from the Revenue Commissioners will be required.

3. Suppliers must register their interest on the eTenders web site (www.etenders.gov.ie) in order to be included on the mailing list for clarifications.

4. Please note in relation to all documents, that where reference is made to a particular standard, make, source, process, trademark, type or patent, that this is not to be regarded as a de facto requirement. In all such cases it should be understood that such indications are to be treated strictly and solely for reference purposes only, to which the words ‘or equivalent’ will always be appended.

5. Please note also that all information relating to attachments, including clarifications and changes, will be published on the Irish Government Procurement Opportunities Portal (www.etenders.gov.ie) only. Registration is free of charge. Dublin City Council will not accept responsibility for information relayed (or not relayed) via third parties.

6. Emailed/faxed/late tenders will not be accepted. Tenderers are asked to include a return address on the packaging.

7. Tenders may be submitted in English or in the Irish language.

8. Please note that OJEU contracts are covered by the Government Procurement Agreement (GPA).

9. All queries regarding this tender must be emailed to martin.mcdonagh@dublincity.ie for the attention of Martin Mc Donagh. Queries must be in question format and must be submitted by email. Responses will be circulated to those candidates/tenderers that have registered an interest in this notice on the Irish Government procurement opportunities portal www.etenders.gov.ie

The details of the party making the query will not be disclosed when circulating the response. All queries must be submitted by 12:00 noon on 9.10.2014 to enable issue of responses to all interested parties.

11. Please note that where documents are made available in both PDF and Word format, in the event that there is any discrepancy between the documents, the PDF version will take precedence.

vi.4) procedures for appeal

vi.4.1) body responsible for appeal procedures

HIGH COURT, CHIEF REGISTER

The Four Courts, Inns Quay

Dublin7IRELAND

vi.4.2) lodging of appeals

Precise information on deadline(s) for lodging appeals: Please refer to the relevant Irish Statutory Instruments (SI 130 of 2010 and SI 420 of 2010) available at www.irishstatutebook.ie

vi.4.3) service from which information about the lodging of appeals may be obtained

PLEASE CONTACT YOUR LEGAL ADVISOR

vi.5) date of dispatch of this notice:

3.10.2014

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