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Policy & Guidelines for Tendering & Procurement Version 2.1
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Policy & Guidelines for
Tendering & Procurement
Version 2.1
Table of Content
s1. Introduction......................................................................................................................8
1.1 Overview.....................................................................................................................8
1.2 Pobal Procurement Team.........................................................................................10
1.3 SharePoint................................................................................................................10
1.4 Procurement Workflow.............................................................................................11
1.5 Ethics in Public Procurement....................................................................................11
2. Procurement Quick Reference.....................................................................................12
2.1 Thresholds................................................................................................................12
2.2 Advertising Periods...................................................................................................13
3. Basic Rules....................................................................................................................13
3.1 Overview...................................................................................................................13
3.2 Fundamental Principles of Procurement..................................................................14
3.3 Key Essentials..........................................................................................................15
3.3.1 Participation on Equal Terms................................................................................15
3.3.2 Grounds for Exclusion...........................................................................................15
3.3.3 Self-Cleansing.......................................................................................................15
3.3.4 Conflicts of Interest...............................................................................................15
3.3.5 Sole Suppliers – Under €25,000...........................................................................16
3.3.6 Sole Suppliers – Over €25,000.............................................................................16
3.3.7 Retrospective Awards...........................................................................................16
3.3.8 Use of Standard Documents.................................................................................16
3.3.9 Record Keeping....................................................................................................16
3.3.10 Taxation................................................................................................................17
3.3.11 Freedom of Information.........................................................................................17
3.3.12 Aggregation Rules................................................................................................17
3.3.13 Advertising............................................................................................................18
3.3.14 Queries.................................................................................................................18
4. Procurement Procedures..............................................................................................19
4.1 Market Analysis & Calculating Value........................................................................19
4.2 Open Tender Procedure...........................................................................................20
4.3 Restricted Tender Procedure...................................................................................20
4.4 Accelerated Procedure.............................................................................................22
4.5 Complaints & Appeals..............................................................................................22
4.6 Cancelling Procurement Process.............................................................................22
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5. Electronic Tendering.....................................................................................................24
5.1 Introduction...............................................................................................................24
5.2 Advertising................................................................................................................24
5.3 eTenders..................................................................................................................24
6. Framework Agreements................................................................................................25
6.1 What Is a Framework Agreement.............................................................................25
6.2 Establishing a Framework Agreement.....................................................................25
6.3 Call-Offs / Draw Downs............................................................................................26
6.4 Notification Letters....................................................................................................27
6.5 Award Notices for Framework Agreements..............................................................27
7. Preferred Suppliers.......................................................................................................28
7.1 General Summary....................................................................................................28
7.2 Selecting Preferred Supplier.....................................................................................29
8. Drafting Tender Documents.........................................................................................31
8.1 Invitation to Tender...................................................................................................31
8.2 Requirements and Specifications.............................................................................32
8.3 Pricing.......................................................................................................................32
8.4 Award Criteria...........................................................................................................33
8.5 Providing Supplier Additional Information after Publishing.......................................38
8.6 Deadline for Tender Submission..............................................................................38
8.7 Timelines for Advertising..........................................................................................39
8.8 Requests for Information / Issuing Clarifications......................................................39
8.9 Additional Tips..........................................................................................................39
9. Stages of the Tender Process......................................................................................41
9.1 Evaluation Committee..............................................................................................41
9.2 Receipt and Registration of Tenders........................................................................42
9.3 Opening of Tenders..................................................................................................42
9.4 Evaluation of Tenders...............................................................................................42
9.5 Scoring of Tenders...................................................................................................44
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10. Evaluation of Tenders................................................................................................46
10.1 Evaluation Committee..............................................................................................46
10.2 Impartiality and Confidentiality.................................................................................46
10.3 Evaluation.................................................................................................................47
10.4 Period of Validity of Tender......................................................................................47
10.5 Tender Evaluation Report.........................................................................................48
11. Awarding of Tender / Contract..................................................................................49
11.1 Notification to Tenderers..........................................................................................49
11.2 Notification Letters....................................................................................................49
11.3 Outstanding Information Letters...............................................................................49
11.4 Contract Preparation and Signature.........................................................................50
11.5 Notifying the Award of Contract................................................................................50
11.6 Debriefing.................................................................................................................51
11.7 Modifying Contracts..................................................................................................52
11.8 Extending Contracts.................................................................................................52
12. Supplier Management................................................................................................54
Appendix 1 - Public Procurement Checklist...................................................................55Appendix 2 – Thresholds..................................................................................................58Appendix 3 – Declaration of Impartiality & Confidentiality...........................................60Appendix 4 - RFI – Request for Information (RFI)..........................................................61Appendix 5 Checklist for Values - €5,186,000+ (Capital Works)..............................66Appendix 6 - Invitation to Tender Document (ITT) – Example......................................70Appendix 7 - Evaluation – Final Table – Template.........................................................92Appendix 8 - Evaluation Template – Individual Scoring Sheet.....................................93Appendix 9 - Evaluation – Tender Report.......................................................................94Appendix 10 - Contract – Goods / Services under €25,000.........................................100Appendix 11 - Letter - Contract Extension / Addendum..............................................113Appendix 12 - Letter – Unsuccessful Bidder Notification...........................................115Appendix 13 - Letter – Successful Bidder Notification...............................................118Appendix 14 - Letter – Tender Advertisement Notification.........................................119Appendix 15 - Letter – Late Submission Notification..................................................120Appendix 16 - Letter – Outstanding Information Notification.....................................121Appendix 17 - PQQ - Pre-Qualification Questionnaire................................................122Appendix 18 - European Single Procurement Document (ESPD)..............................141Appendix 19 Letter – Extension of Price Period......................................................155Appendix 20 Checklist for Values - €25,000+............................................................156Appendix 21 Checklist for Values - €209,000+ (Goods/Services)............................160
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1. Introduction1.1 Overview
Public Procurement is the acquisition, whether under formal contract or not, of works, supplies and services by public bodies. It ranges from the purchase of routine supplies or
services to formal tendering for large high value projects by Pobal.
Procurement should be seen as one of the principle activities within Pobal which promotes good corporate governance. Strategic Procurement is a systematic approach to managing the acquisition of goods and services. It focuses on the long range plans of Pobal, ensuring the timely supply of goods & services that are critical to the ability of Pobal to meet its core objectives. Pobal has developed its Corporate Procurement Plan to assist Pobal achieve a strategic focus and improved procurement management process while supporting effective value for money purchasing and ensuring transparency & accountability.
Under the various regulations and guidelines issued by the Irish Government and the EU, Pobal are obliged to operate within Government and EU Public Contract Guidelines (including EU Procurement Directive 2014/24/EC and EU Remedies Directive 2007/66/EC – above threshold contracts only) when it comes to the award of its supplies, works and services.
It is a basic principle of Government Procurement that any procurement process is carried out in a competitive manner. This helps ensure that Pobal is achieving value for money on all its goods and services. In addition it helps to avoid abuses and shows Pobal carries out its processes in an open and transparent manner. The type of competitive process can vary depending on the size and type of purchase/contract.
This document is intended as a guide for Pobal staff involved in the procurement of goods & services to ensure public funds are spent in the right way. The advantages of Procurement being carried out correctly can be summarised as follows:
Emphasis put on value for money Adherence to governance & compliance to directives Associated risks of the purchase are taken into account & managed / mitigated Optimum whole life cost & sustainability are factored into the process Fit for purpose specification ensures needs are met Relationships with high performing suppliers are built & managed Creative solutions and innovation are rewarded
The objective of this document is to ensure transparency and fairness is applied by Pobal staff in their tendering procedures at all times, in addition to ensuring the best value for money is obtained.
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Procurement is a process containing various elements, of which tendering is just one part. “Procurement Workflow” (figure 1) shows this process and the various elements of it. The elements covered in this guide are shown shaded in the diagram, they are;
Choosing the appropriate process Tender / Quotation Evaluation Contract Conclusion & Supplier Management
A comprehensive Tender Report (summarising the details of the process undertaken) should be completed when the Tendering Process has been fully finalised prior to any bidder being notified or contract signed – see Appendix 9.
All Pobal staff involved with a procurement process within Pobal are advised to familiarise themselves with the government sponsored e-Tenders public procurement web site www.etenders.gov.ie. This site is particularly important if the value of contracts reaches EU threshold levels, but is also relevant to below-threshold levels.
The Office of Government Procurement (OGP) (available at www.procurement.ie) is an office within the Department of Public Expenditure & Reform, which has been tasked with centralising public sector procurement arrangements for common goods and services. The aim of this office is to deliver sustainable procurement savings by optimizing value for money across the Public Sector. Instead of Public Bodies (including Pobal) each tendering separately for common goods & services, the OGP have now being to put in place Framework Agreements that all Public Bodies can buy from. To further assist you within the Procurement Section of SharePoint you may view a list of all current Frameworks that may be suitable. Staff should confirm with Pobal’s Procurement Team as to whether a specific OGP Framework Agreement is in place which meets Pobal’s specifications and which Pobal can use to purchase the specific goods/service in question.
The Department of Finance has also developed procurement arrangements in the areas of ICT, Telecoms, and Data Networking on behalf of non-commercial public sector bodies – see www.ictprocurement.gov.ie. These arrangements deliver value for money, provide goods and services under public service terms and conditions, give access to established Framework Agreements and reduce the complexity, cost and time spent on procurement processes.
1.2 Pobal Procurement TeamProcurement specialists are in place within each Directorate and a list of Pobal’s Procurement Specialists is available here. It is these specialists, who will be responsible for ensuring that goods & services acquired by Pobal are procured correctly and that the process follows National & EU Procurement Rules & Regulations as well as achieving value for money where possible. The will also be responsible for ensuring all aspects are fully documented. The Procurement Specialists will not be responsible for drafting the tender specification. This role will continue with the staff member who identifies the business need.
When a need for goods/services is identified within Pobal, the Procurement Specialist within your Directorate should be contacted in the first instance so advice & guidance can be given to ensure the procurement process is followed correctly.
Outside of the Procurement Specialists, you can get more detailed advice by emailing [email protected].
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1.3 SharePointThe Procurement Team has a SharePoint homepage located here.Here you will find:
Public Procurement Guidelines Training Materials and How-to Guides Sample Tender Documentation Completed Tender Documentation
The Procurement Team site is a resource for all Pobal staff to learn more about the function of Procurement within Pobal and the role each staff member plays within that. Whether you need to procure goods, services, conference facilities or anything else this site should provide all the resources you require to assist you.
Public Procurement Documents LibraryThis document library contains Pobal’s Tendering and Public Procurement guidelines as well as How-to Guides and Training Materials on the full range of procurement processes that Pobal engages in.
Tender Documents LibraryThis document library contains sample tender documents and completed examples of real tenders that Pobal have conducted and concluded. If you are planning to procure anything you will find the documentation to facilitate your process here.
1.4 Procurement Workflow
*Single Quote, Multiple Quotes, Request for Tenders, Framework Agreement
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Identify Need
Conduct Market Analysis
Calculate Contract Value
Contract Execution
Tender Evaluation
Choose Appropriate
Process*
Delivery of Goods / Services
Invoicing / Payment
Contract Monitoring
1.5 Ethics in Public ProcurementWhichever procurement procedure is used, Pobal must ensure that the process undertaken allows for fair and open competition. It is the obligation of Pobal and all candidates/tenderers, that the procurement procedure is concluded in a transparent manner, based on objective criteria and disregarding any possible external influences. In order to ensure that all candidates/tenderers are aware of these obligations a number of ethical clauses have been included in the Sample Invitation to Tender (Appendix 6).
The arrangements for competitive tendering and publicising contracts for supplies and services depend on the contract value. No contract may be split simply to evade compliance with the rules set out in these guidelines. An attempt should be made to estimate the value of the contract from the outset, to ensure the most suitable and correct Public Procurement procedures are followed. This is usually done during the planning, budgeting and market analysis stage of the procurement process of Pobal.
Following the incorrect Public Procurement procedure and or failing to adhere to these Guidelines will result in the entire procurement process coming under review with the ultimate end result of the process being voided and any existing contracts being terminated (if required) in order to ensure Pobal’s’ compliance with EU Directive 2014/24/EU.
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2. Procurement Quick Reference
Please note this section is intended as a quick reference to answer the most common procurement queries only. This section does not cover all aspects and you should also read the referenced sections below. AT ALL TIMES, PURCHASE ORDERS MUST BE FULLY APPROVED BEFORE AN ORDER IS PLACED, EVENT IS BOOKED ETC….
22.1 Thresholds For full details of all financial thresholds that apply to a procurement process please refer to Appendix 2.
BELOW NATIONAL VALUE THRESHOLDS (EXCLUDING VAT)
< €2,000 1 Written Quotation
> €2,000 and < €5,000 2 Written Quotations
> €5,000 and < €25,000 3-5 Written Quotations
ABOVE NATIONAL VALUE THRESHOLDS (EXCLUDING VAT)
> €25,000 Must be advertised via a tendering process on www.etenders.gov.ie
ABOVE EU VALUE THRESHOLDS (EXCLUDING VAT)
> €221,000 (Goods & Services)
Must be advertised on EU Journal (OJEU) via tendering process on www.etenders.gov.ie
€5,548,000 (Works) Must be advertised on EU Journal (OJEU) via a formal tendering process using www.etenders.gov.ie
2.2 Advertising PeriodsFor full details of all advertising periods that apply to a procurement process please refer to Section 8.7 of these guidelines.
Compulsory Advertising Periods – Minimum Time Periods
ProcedureExpressions of
InterestReceipt of Tenders
Open – Under €25,000 7 days 7 daysNational – Accelerated Procedure 15 days 15 daysNational – Open Procedure 30 days 30 daysNational – Restricted Procedure 30 days 30 daysEU – Open (Electronic) 30 days 30 daysEU - Restricted – (Electronic) 30 days 30 daysEU - Accelerated / Restricted (Electronic) 15 days 15 daysFramework Mini Tenders N/A 10 days
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Note: Accelerated procedures are permitted to be used only in cases where “a state of urgency duly substantiated by the contracting authorities renders impracticable the normal time limits”. Put into plain English this means exceptional and extreme cases only.3. Basic Rules3
3.1 OverviewThere are established rules governing the way in which contracts are awarded. These help to ensure that suitably qualified contractors are chosen without bias and that the best value for money is obtained with full transparency which is required when public funds are being spent. It is important that those involved in purchasing are familiar with the National, EU and International procurement rules.
The basic principle governing the award of all contracts is competitive, open tender process. The purpose follows the following rationale:
to ensure the transparency of actions and to obtain the desired quality of goods or services at the best possible price to identify the Most Economically Advantageous Tender (MEAT)
3.2 Fundamental Principles of ProcurementAccountability: Adequate procedures & guidelines must be in place in order to enable Pobal staff to clearly & fully discharge their responsibilities on procurement issues.
Competitive Supply: Procurement should be carried out using a competitive tendering process, unless the reasons comply with a pre-defined list of the contrary.
Consistency: Suppliers should, all things being equal, be able to expect the same general procurement policy across the public sector.
Efficiency: Procurement processes should be carried out in a cost effective and timely a manner as possible.
Fair-Dealing: All suppliers should be treated fairly and without unfair discrimination. Pobal should not impose unnecessary burdens or constraints on suppliers or potential suppliers.
Integrity: There should be no corruption or collusion with suppliers or others. Equally, suppliers may not collude with each other’s to artificially inflate prices.
Informed Decision-Making: Pobal should base decisions on accurate information and monitor necessary requirements to ensure that they are being met.
Legality: Pobal must conform to National, EU and other legal requirements.
Transparency: Pobal should ensure that there is openness and clarity on procurement policy and its delivery.
Mutual Recognition of Qualifications / Specifications: Pobal should require that the standards, specifications and qualifications in use throughout the EU should receive equal recognition, on condition that the products/services are suitable for their intended purpose.
Proportionality: Pobal should ensure that demands/requirements placed upon suppliers should be both relevant and directly related to the contract being awarded and be proportionate to the size of any intended contract being sought by Pobal.
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3.3 Key Essentials
3.3.1 Participation on Equal TermsAs Pobal are committed to the concept of equal opportunities for all, Pobal must take the necessary measures to ensure the widest possible participation on equal terms in invitations/calls to tender for supplies and services contracts, including, as appropriate, measures to:
a) Ensure publication of invitations to tender in the most appropriate media.b) Eliminate discriminatory practices or technical specifications which might stand in the
way of widespread participation on equal terms.c) Ensure that all the selection criteria and award criteria are specified in the Invitation to
Tender.d) Ensure that the winning tender selected conforms to the requirements of the Invitation
to Tender and is the tender which has scored highest on the award criteria stated therein.
Circular 10/14 “Initiatives to assist SMEs in Public Procurement” strengthens the positive measures that all public contracting authorises, such as Pobal, are required to take to promote small & medium enterprises (SME) involvement in the competitive tendering process.
3.3.2 Grounds for ExclusionCandidates or tenderers will be excluded from participation in a procurement procedure if:
a) They are guilty of corruption, fraud, money laundering or membership of a criminal organisation.
b) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any comparable situation arising from a similar procedure provided for in national legislation or regulations.
c) They have been convicted of an offence concerning their professional conduct.d) They have been guilty of grave professional misconduct.e) They have not fulfilled obligations relating to the payment of social security
contributions or the payment of taxes in accordance with the legal provisions of the country.
f) They are guilty of serious misrepresentation in supplying the information required by Pobal as a condition of participation in an invitation to tender or contract.
3.3.3 Self-CleansingUnder the new Directives a supplier may now state they have undergone a “self-cleansing” procedure. In their statement they must outline in detail the issues they faced that would have excluded them from the competition and the measures they have taken to fix the problems.
When the tenderer is outlining their explanation as an example this should include information such as new audit process, new quality control process, new supervision schedule / policy, staff training improvements and so on. It is not acceptable for a tenderer to simply state that they have replaced “problem” staff.
Pobal must take the tenderers “self-cleansing” statement into account. However, should Pobal not be satisfied with the tenderers explanation they may still exclude them from the tender process?
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3.3.4 Conflicts of InterestA conflict of interest can be described as any form of personal interest, which may impinge, or might reasonably be deemed by others to impinge, on an individual’s impartiality in decision-making. Personal interest includes an interest of a relative or connected person.
Any individual participating in the tendering process must be aware of potential conflicts of interest and should take appropriate action to avoid then. If conflicts of interest arise, these should be immediately declared and actions taken to mitigate the conflict,
3.3.5 Sole Suppliers – Under €25,000Where it is necessary to deal with a sole supplier, reasons for selecting that sole supplier should be clearly recorded and arrangements which provide for best value for money should be negotiated. Acknowledging the selection of a sole supplier, as well as the reason(s) why this supplier was selected, should be specifically documented/stated on the purchase order on EBF and the supporting documentation for this selection attached to the purchase order. Open ended arrangements with exclusive suppliers should be avoided where possible.
Clear justification for a sole supplier must be demonstrated, e.g. due to copyright, specific expertise, warranty protection, specialist equipment, systems knowledge etc. It should be noted that the onus lies on Pobal to prove that only one supplier could deliver the contract. It is recommended therefore to regularly test the market.
3.3.6 Sole Suppliers – Over €25,000In cases where there is only one sole supplier in a market or there are other reasons for only procuring goods or services from a single supplier there is a procedure for dealing with the supplier if the value is over €25,000. This is called a Negotiated Procedure and has a number of steps that are different to any other tender procedure.
It should be noted that the cost benefits of negotiating with a sole supplier in a dominant marketplace position will be negligible, however Pobal may still be able to secure additional value added services by negotiating. If you consider that your procurement requirement may fall into this category please email [email protected] to discuss your requirements further so you can be guided through the process.
3.3.7 Retrospective AwardsContracts are considered to take effect from the date of signature of the last signatory. All contracts must show the true dates of signature of the contracting parties. This means that no disbursements/payments can be affected and no goods and services provided prior to the signature of the contract and/or addendum.
3.3.8 Use of Standard DocumentsStandard contracts and document formats must be used at all times. Any intended variation from the standard document formats should be discussed in advance by emailing [email protected].
3.3.9 Record KeepingWritten records of the entire tendering and contracting procedure must be kept confidential and retained by Pobal. These must include:
1. Scanned copies of all unsuccessful tenderers submissions2. Hard copies of all successful tenderers submissions3. Published Invitation to Tender 4. Full and complete records of evaluation scores including showing clearly scores for
sub criteria (including notes on the rationale for awarding the score) and Ultimate Cost
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6. Any other related and relevant correspondence
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3.3.10 TaxationVATTenderers should be invited to express tender prices exclusive of VAT, so that there is no competitive advantage or disadvantage arising from the application of VAT rules.
Tax Clearance CertificateIn the absence of a contract, from 1st January 2016, Pobal are required to hold the Tax Reference Number (TRN) and valid Tax Clearance Access Number (TCAN) for each supplier with whom the value of trade is likely to exceed €10,000 (including VAT) in any 12-month period. Pobal will be obliged to delay payments to suppliers who fail to produce their TRN and TCAN or valid TCC once the €10,000 limit has been reached.
When a contract is being put in place, confirmation must be provided by the supplier of their Tax Reference Number (TRN) and valid Tax Clearance Access Number (TCAN) before the contract is issued, regardless of the value.
It is important that Pobal staff make suppliers aware of these requirements when the supply of goods/services to Pobal is being awarded.
3.3.11 Freedom of InformationFreedom of Information (FOI) legislation applies to a wide range of public bodies (including Pobal) and information may be requested on records relating to a tendering procedure of Pobal. Certain records may be exempt from the provisions of the Freedom of Information Act 2014, on grounds of confidentiality or commercial sensitivity.Tenderers are normally requested to indicate, with supporting reasons, any information included with their tenders which they wish to be regarded as confidential. Pobal can decide whether or not to disclose such information on foot of an FOI request. Each record must be examined on its own merits. Section 7 of the contracts template covers all aspects of Confidentiality and Freedom of Information.
3.3.12 Aggregation RulesWhere Pobal has a single requirement for supplies, services or the carrying out of a works and more than one contract will be entered into in relation to that requirement, then the value of those contracts must be aggregated.
The rules include an express provision designed to prevent purchasers from deliberately “splitting” contracts to avoid the application of Public Procurement Regulations. Awarding separate contracts can be necessary and justified if, for example, different expertise is required and/or if the contracts cannot be reasonably combined for geographical matters or reasons relating to timing. Sufficient reasons for separating contracts must be provided if required.
If the aggregate value of the separate contracts (which have similar characteristics and/or are for the same type of goods or services) exceeds the threshold set down for Public Procurement (see Appendix 2), then all such purchases must be awarded in accordance with Public Procurement Regulations, even though each individual contract value is below the relevant threshold.
So it is necessary to determine: whether the contracts in question have similar characteristics, and whether the contracts are for the same type of goods or services.
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Where there is a requirement over a period of time and this will be met by a series of contracts or a contract which will be renewable (and the contracts in question have similar characteristics and are for the same type of goods or services) then the Regulations provide that the value needs to be estimated by looking at a 12 month period or the duration of the contract, if longer than 12 months. Renewable in this context means the position where a single contract for goods or services needs the consent of both parties to be renewed and therefore is effectively a series of separate contracts.
If at the time of the initial contract, the volume of supplies or services to be purchased in the future is not known but it is known that further requirements will arise, then Pobal should consider awarding a Framework Agreement (see Chapter 6) at the time of awarding the initial contract.
3.3.13 AdvertisingIt is not obligatory to advertise tenders in National newspapers. There is a legal obligation to advertise contracts over EU Thresholds in the OJEU (Official Journal of the EU). All contracts over €25,000 (see Thresholds in Appendix 2) should be published on www.etenders.gov.ie. If newspaper and other media advertising is considered necessary to obtain the best result possible from the tender process, it is recommended that an abbreviated notice is published, referring to full details on www.etenders.gov.ie.
To encourage increased competition and more responses from Tenderers it is permitted within the regulations to issue an email notice to a number of suppliers informing them of a newly advertised competition on eTenders. This notice must be a generic information notice only and simply refer the supplier to the eTenders website and competition via a link. For the template to issue such a notice please see Appendix 14.
3.3.14 Queries In the tender documentation, a specific Directorate Procurement Specialist should be nominated to deal with any queries raised by external parties during the tender process. In the absence of any Directorate Procurement Specialist being available the tender documentation should direct all queries to [email protected].
The tender documentation should state that all queries raised must indicate the name of the tender process that they relate to, avoiding any possible confusion with other tender processing being carried out by Pobal at the same time.
Unless otherwise identified by Pobal as urgent, responses to queries should be compiled into one single word document and circulated to all interested suppliers two days before the query date closes. This is to allow for any additional queries that suppliers many have. The eTenders website (www.etenders.gov.ie) has a facility to answer queries directly from suppliers and this should be taken advantage of where possible. Should you wish to use email, you must ensure that all suppliers are sent the query response at the same time.
Important Note: If you are using email, it is of the utmost importance that all recipients are placed into the BCC field in Outlook.
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4. Procurement Procedures
The use of restricted tendering procedures, which require potential tenderers to show that they meet certain requirements before they are invited to submit tenders, is often cited as a barrier to participation by certain suppliers. In order to address such concerns, the Restricted procedure for tendering competitions should no longer be used for advertised contracts for supplies and general services with an estimated value up to €209,000 (exclusive of VAT). This means that the Open procedure of competitive tendering will be the norm for advertised contracts up to this level. Above this level, Pobal should decide which tendering procedure is most appropriate in each case.
Note – Open tendering may not be appropriate where the specification could contain confidential, commercial or sensitive information and therefore the restricted procedure may be appropriate.
44.1 Market Analysis & Calculating Value
You may decide to undertake market analysis prior to tendering in order to better understand what options are available to you. Conducting market analysis can help identify the range of goods and services on offer, market developments and innovations, the competitive landscape and the specific capabilities of the supply market. A template to assist you in considering the various aspects of market analysis is available on the SharePoint procurement website.
Conducting market analysis should never preclude or distort competition. Therefore in order to ensure transparency, any information provided during this consultation stage should be provided to all potential tenderers.
It is sometimes required to meet or discuss with suppliers before advertising an ITT document to help in forming technical and operational requirements. If you have a requirement for these meetings please contact Nicki Kevin or Damien Gill to assist.
All meetings with suppliers prior to the advertising of an ITT must be recorded in detail using the template that is available on the SharePoint website titled Strategy & Market Analysis. In addition to that template there is also templates available for minuting meetings with suppliers and obtaining marketing information. These templates are also available on the SharePoint website and are titled Supplier Meeting Minutes and Supplier Questionnaire accordingly.
Calculating Contract Value Once you have determined that a need exists, the first step in deciding on what procurement procedure to use is to calculate the estimated contract value. When estimating the contract value, the following should be taken into consideration:
Estimate must be valid at the time of the contract notice. Value must be based on the total amount payable, net of VAT. Projects cannot be sub-divided in order to bring value under the EU or National
thresholds. Whereby a single project is being divided into separate lots, the total cost of all lots
relating to the project should be estimated. Works contracts should include cost of works and the supplies necessary for
executing the works.
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When the estimated contract value falls just below the National or EU threshold, the more stringent procurement procedure should be undertaken and the process should be run as is the competition is above National or EU thresholds accordingly.
It is a basic principle of public procurement that a competitive process should be used unless there are justifiably exceptional circumstances. Although a number of tendering procedures exist, three types of tendering procedures have been recommended in this document – Open, Restricted & Accelerated. In general Open and Restricted will be the most commonly used procedures, with accelerated procedures only being used in exceptional circumstances. For further details of these tendering procedures please refer to the specific sections of these guidelines.
4.2 Open Tender ProcedureUnder this procedure, all interested parties may submit tenders. The notice should be given maximum publicity to make it available to the widest audience possible. While any party may submit a tender, only tenders of those deemed to meet minimum levels of technical (e.g. previous experience) and financial (e.g. turnover, insurances) capacity should be evaluated against the award criteria.
Open Tender Procedure workflow:
4.3 Restricted Tender ProcedureThis is a two-stage process, where only those parties who meet the Pobal’s requirements in regard to financial, technical and legal capacity (known as suitability or selection criteria) are invited to tender.
Step 1These selection criteria are best requested and assessed via a “Pre-Qualification Questionnaire (PQQ)”. See Appendix 17 for “Pre-Qualification Questionnaire” template, which can be adjusted for each specific tender process.
The selection criteria in the PPQ should include Insurance, Turnover, Tax Compliance, Previous Contracts, and Knowledge of the Subject Matter etc.… Responses from candidates will be scored, with at least the top 5 (or most appropriate number) scoring
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applicants being invited to tender i.e. move to Step 2. The Insurance, Turnover, Tax Compliance criteria would be given a pass/fail result, while the Previous Contracts, Knowledge of the Subject Matter etc. criteria would be weighted. This will assist Pobal in determining the total candidates if numerous submissions are received.
The invitation to tender should indicate that short listing of the original applications is taking place and what criteria for this are being used.
Step 2Issue complete specifications with an invitation to submit a tender only to those short listed suppliers who have met the minimum requirements. In order to ensure fair competition, tenders must be submitted by the same supplier who submitted the expression of interest application to tender.
The successful tenderer is chosen by assessing the tenders received against the predetermined award criteria.
Restricted Tender Procedure workflow:
In both Open & Restricted tendering, Pobal must notify the tenderers in the Invitation to Tender of the award criteria to be used i.e. whether the lowest price or the most economically advantageous tender (MEAT). The MEAT option is Pobal’s preferred option as it takes into account both qualitative and cost related criteria.
Note – Pobal should ensure that the pre-qualification criteria are not used inappropriately in the tender evaluation process. Tenderers will be deemed to have met the minimum requirements in regards to their capacity to perform the contract.
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Criteria relating to past experience and track record of the company can feature at the tender evaluation stage. Furthermore, under the new EU procurement directives suppliers are obliged to inform Pobal if any previous contracts they have carried out on behalf of a public body have been cancelled or had major issues.4.4 Accelerated ProcedureAccelerated procedures are permitted to be used only in cases where “a state of urgency duly substantiated by the contracting authorities renders impracticable the normal time limits”. Put into plain English this means exceptional and extreme cases only.
By way of reinforcing the above extreme cases only the EU Commission ruled that a French contracting authority should not have used the Accelerated Procedure as it was not an urgent case. This is despite of the fact that the procurement process in question was directly related to a major avalanche that had occurred.
4.5 Complaints & AppealsIt is Pobal’s policy to handle all complaints in a prompt manner and strictly in adherence with the EU Remedies Directive.
Generally two types of complaint might arise:
Advertisement Stage / Pre Closing1) A complaint that the specification or criteria set in the tender document are biased or
unfair. In such cases, this should be acknowledged immediately to the tenderer and they should be informed that it will be investigated. The claim should be raised with Pobal’s Procurement Team and if in the view of Pobal, the specification or criteria should be amended then this should be notified to all interested parties (by email in the case of quotations and via www.etenders.gov.ie in the case of tenderers). The revised wording should be communicated to all and consideration given to extending the closing date.
Evaluation Stage / Award Stage2) The more common complaint is likely to arise from unsuccessful candidates who have
submitted a bid as part of a procedure. The complaint should be acknowledged and investigated immediately. If the complainant is seeking a legal review via the High Court, then legal advice should be sought. If the complainant is merely unhappy with the decision, Pobal should review the notification letters to ensure proper reasons for failure were provided. If Pobal has met its obligations of providing comprehensive notification letters then a letter confirming that Pobal has reviewed the process and confirms that the decision is unchanged should be sent.
IF A COMPLAINT IS RECEIVED OR IS LIKELY TO BE RECIEVED AT ANY STAGE PLEASE IMMEDIATELY CONTACT [email protected] BEFORE
TAKING ANY FURTHER ACTION INCLUDING TALKING TO THE TENDERER
4.6 Cancelling Procurement ProcessPobal may, before the contract is signed, abandon the procurement process and cancel the procurement procedure without the candidates or tenderers being entitled to claim any compensation.
Cancellation may occur where: the tender procedure has been unsuccessful, i.e. no qualitatively or financially
worthwhile tender has been received or there is no response at all; if the service tendered for has to be fundamentally changed making it different from
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the economic circumstances or technical needs of Pobal have been fundamentally altered;
exceptional circumstances or force majeure render normal performance of the contract impossible such that there is no point in awarding the contract
If the contract has already been awarded the contract may only be cancelled under the specific terms of Section 9 (Termination) of the contract.
all technically compliant tenders exceed the financial resources available i.e. cost is greater than budget of Pobal;
there have been irregularities in the procedure, in particular where these have prevented fair competition or the process has been left open to a fair and substantial challenge up award of the contract
If a procurement procedure is cancelled, all tenderers must be notified in writing and as soon as possible of the reasons for the cancellation, without leaving Pobal exposed to adverse issues. Prior to cancelling any procurement procedure, Pobal staff must email [email protected] to assist with the cancellation process and any other procurement issues surrounding cancellation of a process or contract.
After cancelling a tender procedure, Pobal may decide: To launch a new tender procedure. To open negotiations with tenderers where all the tenders received were in excess of
the budget available (provided a budget or budget range was indicated in the original notice). Negotiations can only be held with tenderers who comply with the selection criteria, provided that the original terms of the contract have not been substantially altered.
In no event should Pobal be liable for any damages whatsoever including, without limitation, damages for loss of profits, in any way connected with the cancellation of a tender before the award of the a contract. The publication of a procurement notice does not commit Pobal to implement the service or project announced. Even at contract award stage Pobal is not obliged to sign any contract and the ITT template and Successful notification letter state clearly that no contract will exist until and after Pobal has countersigned any contract.
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5. Electronic Tendering
55.1 IntroductionIncreasingly tendering and procurement has been moving towards electronic methods. This has the positive effect of reducing the overall lead in and general procurement process timeline. By October 2018, all Public Bodies including Pobal will be compelled to carry out their procurement in a fully electronic manner.
5.2 AdvertisingCurrent guidelines require contracting authorities, such as Pobal, to advertise supplies and service contracts with estimated values of more than €25,000 (excluding VAT) on the national public procurement website. It is generally recognised that advertising of contract opportunities promotes SME participation. Accordingly, all contracts for supplies and general services with an estimated value of €25,000 and upwards are to be advertised by contracting authorities on the eTenders website without exception. Contracts of a lower value may also be advertised on eTenders in the interests of best practice. If a contract is not advertised on eTenders that is below threshold it must always where possible be a competitive process.
5.3 eTendersThe public procurement website www.etenders.gov.ie (eTenders) is a national resource available to both contracting authorities and suppliers, which increases transparency and greatly facilitates access to public sector contracts. The site offers the opportunity to widen the net of potential suppliers to the Irish Public Sector.
The site is designed to be a central facility for all public sector contracting authorities to advertise procurement opportunities and award notices. The www.etenders.gov.ie site offers comprehensive facilities/options for completing the tendering process.
The site displays, on a daily basis, all Irish public sector procurement opportunities currently being advertised in the Official Journal of the European Union (OJEU), as well as other lower-value contracts uploaded to the site from awarding authorities. The site is a key reference point for potential suppliers & service providers and the service is currently provided at no cost to Pobal. www.etenders.gov.ie has been designed to advertise tender notices, facilitate the conducting of online clarifications via a Q&A facilities, provision & tracking of tender documents, user & notice management facilities and display contract award notices.
There is also comprehensive notice search and help functions. www.etenders.gov.ie provides comprehensive information on procurement rules and guidelines. These include European Directives and National Guidelines on the Public Procurement Process.
Email alertsThe eTenders website provides email alerts to registered suppliers when notices of interest to them are published (based on supplier profiles provided), once such suppliers have registered for this facility providing they have selected the correct CPV (Common Procurement Vocabulary) category codes.
It is therefore advisable should you suspect a supplier is not registered on the eTenders website to issue them with a direct notification that a tender has been advertised, using the template in these guidelines at Appendix 14 – Invitation Letter.
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Electronic tenderingThe eTenders website also provides a facility for secure online submission of tenders by suppliers. As part of the move to a fully electronic tendering process EU wide by October 2018, a new document known as the European Single Procurement Document (ESPD) (see Appendix 17) has been introduced. Pobal is legally obliged to accept these forms. 6. Framework Agreements
66.1 What Is a Framework AgreementFramework Agreements are defined as “an agreement with suppliers, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and quantity. In other words, a Framework Agreement is a general agreement for a fixed period with selected suppliers which set out terms and conditions under which specific purchases (call-offs) can be made during the life of the agreement”.
A Framework Agreement is advisable when: Pobal has a repeat need for a particular or similar good/service Pobal are aware of an overall need and can identify an initial requirement but further
specifics are not known immediately Pobal need to ensure continuity of service from a particular supplier Pobal has the opportunity to obtain economies of scale, reduce tendering costs Pobal are not trying to prevent, distort or restrict competition
Framework Agreements can be established with a single or multi operator e.g.: Single Lot & multi-operator frameworks Single Lot & single-operator frameworks Numerous Lots & multi-operator frameworks Numerous Lots & single-operator frameworks
A Framework Agreement, as opposed to a contract for supply of services or goods, sets out the terms and conditions for subsequent “call-offs” (see over) but places no obligations for Pobal for minimum or maximum levels to buy anything. Framework Agreements set up by Pobal must not bind Pobal to an agreement to engage in business. The parties will only enter into a binding agreement to purchase services when a call-off is made.
The advantage is that a means of awarding contracts under Framework Agreements is provided for, without the need to advertise each individual requirement which falls within the scope of the Framework Agreement and this speeds up the procurement process.
Framework members are deemed to have met the minimum requirements in regards to their capacity to perform a “call-off” contract. Therefore, criteria relating to past experience and track record of the company will not feature at the “call-off” decision stage. In the award of “call-offs”, Framework members should be assessed solely on the basis of how they meet the contract needs and costs.
6.2 Establishing a Framework AgreementA Framework Agreement may be set up using either the Open or Restricted procedure. It is very important that Pobal determine from the outset the estimated total value of future contracts within this Framework Agreement(s) to ensure the correct tender process is used. As with a regular tender, the Invitation to Tender for a Framework Agreement should describe any initial contract to be awarded and information relating to future contracts. Other essential information should include:
Type of product or service required under the Framework.
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Whether a single or a multi-party Framework will be established. If a multi-party, an indication of the number to be admitted to the framework (must be at least 3).
Duration of the Framework Agreement (i.e. the Frameworks remains active for ‘X’ months from a certain date) [Note – Framework Agreements cannot normally be awarded for longer than 4 years.].
Minimum technical specifications. Rules by which contracts will be awarded under the Framework (i.e. cascade, rotation
or mini competition). Pricing strategy over life of the Framework (e.g. fixed for duration; fixed for year 1
with increases in subsequent years in line with CPI, discounts to apply, etc.). Invoicing arrangements (e.g. monthly/ weekly). Criteria for selecting those who will be appointed to the Framework Agreement. Indicative volumes in quantity not monetary value to allow supplier price on a more
competitive basis and offer potential discounts
6.3 Call-Offs / Draw DownsOnce a Framework Agreement is established, Pobal may now, as per the framework, “call-off” this framework as and when requirements arise. No binding obligation to make any call-offs exist under the framework agreement - a binding obligation to purchase will only arise when a call-off is awarded under the Framework Agreement and price ceiling achieved.
Where a Framework Agreement is concluded with just a single supplier/operator, call-offs under that agreement should be awarded within the terms laid down in the original agreement. It must be reiterated that there can be no substantive change to the specification or the terms and conditions agreed at the time the Framework is awarded.
Where a Framework Agreement is concluded with multi suppliers/operators, there are two possible options for awarding call offs under the Framework Agreements. It must be noted that the tender document and framework agreement terms must clearly indicate which method will be used and this process must be applied throughout the duration of the Framework Agreement(s)
Note: You may use other ranking and call of methods in a Framework if you wish however, please email [email protected] prior to doing so.
Option 1: Cascade Method based on original tenders
Where the terms of the Framework Agreement are sufficiently precise, Pobal may simply award the service to the most economically advantageous offer based on the award criteria used at the time the framework was established, i.e. on the basis of the ranking. Normally the first ranked supplier will be contacted to see if they can deliver the contract, if not the 2nd is contacted and so on through the list until the business is awarded. Under this system the first ranked firm can win all business under the framework as they are the preferred supplier and second and third and so forth will receive little work. However, this also ensures a continuity of service.
Option 2: Hold a mini competition
Where the terms laid down in the Framework Agreement are not precise enough for the particular call off e.g., because prices have not been set, a mini competition should be held with all those suppliers within the framework capable of meeting the particular need. This does not mean that the basic terms can be renegotiated, or that the specifications used in setting up the Framework Agreement can be substantially changed. It is however a way of refining particular terms of the agreement to best suit the circumstances of the call-off. Pobal
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should fix a time limit which is sufficient to enable the selected suppliers to submit their bids for the particular call off. This time limit should take account of the complexity of the call-off and the time needed by tenderers to submit their bids. Tenders should be submitted in writing. The project should award the call-off to the supplier which has submitted the most economically advantageous tender on the basis of the award criteria set out in the Invitation to the Mini-Competition. 6.4 Notification LettersSuccess Letters (see Appendix 13) & Regret Letters (see Appendix 12) must be issued to those being admitted to a Framework Agreement (as well as those not being admitted) and if the framework was an EU value framework, then the letters must comply with the Remedies Directive obligations including standstill period, name of preferred bidder(s), reasons for rejection and features & characteristics of winner (in the case of a multi-party framework, the winner is the last firm admitted to the framework agreement when notifying the unsuccessful framework members). Notification letters must also issue in the case of mini competitions and although Pobal is not obliged to provide bidders with feedback scores (in Frameworks only) it is considered best practice to do so, also in a Framework mini-competition no standstill period is required unless the mini contract itself exceeds the EU threshold.
As per the Remedies Directive, Pobal must give unsuccessful Tenderers enough information for them to get value from submitting the tender. In addition the information must be sufficient so that they may formulate a fair opinion on the tender outcome so that they may appeal if it is relevant.
6.5 Award Notices for Framework AgreementsIt is a requirement, particularly for EU value frameworks, to publish an award notice of Framework Agreements within 48 days of concluding the framework, announcing the names of those admitted to the framework. No further award notices are required for contracts awarded under the framework.
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7. Preferred Suppliers
Please note that this guidance concentrates on preferred suppliers with an expected expenditure of less than €25,000 over the life time of the contract.
Only once the selection has been signed off by the Financial Control Unit should the results of the selection be communicated to all those who submitted the quotes/tenders. Copies of correspondence, informing those who quoted with the results of the process, should be passed for Financial Control Unit for their records once issued.
77.1 General SummaryFor certain Goods & Services under €25,000, which are purchased/used on a regular basis, where each purchase doesn’t differ significantly from previous and where standard rates can be fixed for a period of time, there is an option to select a Preferred Supplier so that quotes don’t have to be sought each time these goods or services are required.
Preferred Suppliers are normally selected for either a 1 year or 2 year duration (still observing the overriding principles & rules for Public Procurement, i.e. an initial quotation if the total spend is less than €25,000 or via a framework agreement advertised on eTenders if above €25,000) depending on the goods or services involved.
It is very important that those involved with these Preferred Suppliers within Pobal monitor Preferred Supplier contracts so they are kept up to date. A reminder will normally be issued to the staff member responsible for each Preferred Supplier contract 3-4 months prior to the expiry of their current contract, reminding them of the expiry date and to commence the process of selecting a new Preferred Supplier, so that it is in place by the time to current contract expires.
Goods & Services for which Preferred Suppliers could be selected include: Office Cleaners Stationery providers Facilities Management Couriers & Taxi Legal Advisers Alarm/Lift Maintenance Catering for internal meetings Archiving Recycling
As a number of these services are required in a number of Pobal offices, a coordinated approach to selecting Preferred Suppliers would be advised, rather than individual Preferred Suppliers selected in different offices to carry out the same/similar services. The selection of a nationwide provider could lead to economies of scale and a more established working relationship with the providers contracted to provide the same/similar services to all Pobal offices.
Pobal also has the option to select one or more Preferred Suppliers for particular goods or services and then select from one particular supplier as specific needs arise e.g. catering for internal meetings.
A list of the current Preferred Suppliers (as well as contact and contract details) is held on the Intranet and accessed by clicking here.
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7.2 Selecting Preferred SupplierThree to five quotations must be received in writing (fax and e-mails are acceptable) for the provision of the required goods or services to Pobal, where the total value paid to the providers of these goods or services is not likely to exceed €25k over the life of the preferred supplier status. Should the value exceed €25k over the life time of the contract, then the goods or service must be tendered for publicly on www.etenders.gov.ie.
A brief Tender Specification Document should be drafted, outlining the exact requirements of Pobal, so there is clarity to both Pobal and the potential suppliers as to what is required. Clarity must also be provided as to whether the quotations will be assessed on price only or price & other factors. Please aim to include as much detail as possible on the RFQ – Request for Quotation to ensure that Pobal needs are met in this process. A sample copy of this is attached in Appendix 4.
A record must be kept of the quotations requests sent to each potential company as evidence that the required quotations were sought (i.e. copies of emails, letter etc...). Contact by telephone is not sufficient and will not be accepted. Additional quotes can be requested if replies are not received from the three potential tendered initially contacted or you are not happy with the replies received and want to expand your search.
Once the required quotes are received, they should be evaluated by at least two staff members, who have the required knowledge/experience to assess the quotes and by filling in cost schedule template. In evaluating the quotes, it is recognised and accepted that non-financial factors such as the quality of work and the ability to deliver on time etc. are also relevant to the decision to select a particular supplier in favour of others.
It is important to ensure that the basis for the decision is always recorded in writing on the Evaluation Table. A sample copy of this is attached in Appendix 7 & Appendix 8. Where a contract is not awarded to the supplier of the lowest quotation, it is especially important to document the rationale on which the contract was awarded. As the tenderers will probably be asked to tender for a number of potential purchases or services, a summary of quotations as per Appendix xx could be prepared as part of the tender review process, which would summarise the different prices quoted from the tenders, thus allowing for an easier comparison.
Once the decision has been made, the following documentation should be passed to the Financial Control Unit Team Leader to review:
1. Copy of Tender Specification Document2. Copy of each Tender Request issued3. Original Quotes/Tenders received4. Signed Tender Evaluation Form
Only once the selection has been signed off by the Financial Control Unit, should the results of the selection be communicated to all those who submitted the quotes/tenders. Copies of correspondence, informing those who quoted with the results of the process, should be passed for Financial Control Unit for their records once issued.
Please note the Pobal must have confirmation of their Tax Reference Number (TRN) and Tax Clearance Access Number (TCAN) on file for all Preferred Suppliers, before any new Preferred Supplier contracts are issued.
The contract should then be prepared, based on Pobal’s standard contract in Appendix 10 – Goods / Services Under €25,000 and include information specific to this situation such as start & end date of the contract, payment terms, details of goods or services to be provided, backup to be supplied etc. It is important to note that the contract must be issued in the legal name of the provider, which can sometimes differ from their business/trading name.
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On return the original signed contact should be passed to the Company Secretary, with a copy going to the Financial Control Unit, to be included on Pobal’s Master Contract file. Only once the signed contract has been returned to Pobal, can this Preferred Supplier be used when purchasing these goods or services.
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8. Drafting Tender Documents
Please Note: In order to assist with best practice tender documents that are ready for publishing should be submitted to [email protected] for final review prior to publishing to ensure full compliance with EU Procurement Directive 2014/24/EU.
It is vital that tender documents be carefully drafted, not only for the proper execution of the contract but also for the sound functioning of the procurement procedure. These documents must contain all the provisions and information that candidates invited to tender need to present their tenders i.e. the procedures to follow, the documents to provide, cases of non-compliance, award criteria and their weightings, stipulations regarding subcontracting etc. these documents can often be overlooked where contradictions are made in the framework and contact.
The documents should be: Clear & unambiguous Encourage innovative solutions whenever possible Avoid the use of brand names where possible. If you must use a brand name then you
must also clearly state that Pobal will accept a similar or alternative product Focus on results/outcomes State selection & award criteria
The preparation of the technical Invitation to Tender may require the assistance of one or more advisors or external technical specialist(s). Each such specialist must sign a Declaration of Objectivity and Confidentiality (see Declaration of Impartiality & Confidentiality at Appendix 3).
Document TemplatesPublished on SharePoint there are a number of standardised templates for use. These are clearly referenced and aimed towards different requirements such as purchase of goods, supply of services and frameworks.
These templates are designed to require minimal input from you and the key focus when using these templates should be on the specification of services / goods and the award criteria.
88.1 Invitation to TenderThe Invitation to Tender should contain as a minimum the following elements and will be dependent on the type & value of the Tender to be awarded:
A. Background to the Tender / General Outline of RequirementsB. Tender Requirements / SpecificationsC. Selection Criteria & Award Criteria
If Open Procedure – selection criteria and award criteria If Restricted Procedure – the award criteria (the selection criteria will have
been tested via the Pre-Qualification Questionnaire previously)D. General Instructions to Tenderers E. Tender ChecklistF. Draft Contract Agreement and any Special Conditions (see Appendix XV).G. Submission details (deadline, contact etc...)H. Other Information, as required
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See Template Invitation to Tender document at Appendix 6. Please note that there are different ITT templates available on SharePoint depending on whether you are procuring services, goods and if they are under €25,000 in value.
8.2 Requirements and SpecificationsPobal must distinguish between Needs (i.e. requirements critical for the organisation to function) vs Wants (i.e. not essential, pay for the nice to have items) when drafting the Tender Requirements/Specification section of the Invitation to Tender document. Needs should be requested as a minimum in all cases but also left open enough that a supplier may offer above the minimum and thus give Pobal extra value for money.
The Tender Specification should be clear and precise as to what goods/services are required. The Tender Specification should give instructions and guidance to potential tenderers about the nature & characteristics of the Pobal’s requirements. There should be consultation with all parties involved in the proposed project in preparing Tender Specifications. A well thought out & properly conceived Tender Specification is extremely important for the ultimate success of the tender. Time spent while drafting the Tender Specification should save time and money in the later stages of the project cycle.
Tender Requirements/Specification should include detail such as Quantities (where possible), Functionality, Features, Key characteristics, Trends, Business needs etc. so there is a higher possibility of meeting Pobal’s needs after the tender process is complete. It is important that the relevant expertise (either internal or external to Pobal) is involved in drafting this portion of the Invitation to Tender and must be done in consultation with Procurement.
In drawing up the Tender Requirements/Specifications, the following must apply: Must not be discriminatory & must allow for competition. Should in drafted in terms of functional performance requirements. In referring to standard required, they may only be used for reference purposes and
must be accompanied by the words “or equivalent”. Unless justified by the subject matter of the contract, specifications must not refer to a
specific make, process, trade mark, patents or origin with the effect of favouring or eliminating certain products.
At all times you must bear in mind that you should have clear metrics to score against where possible (ie: Required delivery time of 3 days)
One option to be aware of is an Output Based Specification (OBS). This focuses on the desired outputs of a product/service in business terms, rather than a detailed technical specification of how the service is to be provided.
This allows providers scope to propose innovative solutions that might not have occurred to the procurement team.
Defines the output or outcome rather than input. States the end result to be achieved. Give the tenderer flexibility on how to achieve the results. Create opportunity for innovative and creative solutions, which will deliver better value
for money. Suppliers have more flexibility to provide the best solution for Pobal’s requirements,
rather than being tied to a specific set of technical specifications.
8.3 PricingThe type of product/service being tendered for should dictate how prices are requested in the Invitation to Tender. Some tenders will require just a single price, while others will include a
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combination of prices for various elements required in the tender. It is imperative that Pobal understands the total cost of the tender (both immediate & future) as part of the evaluation process i.e. unit cost, switching costs, support and maintenance, parts, replacement costs, warranties. To assist with this understanding, tenderers should be requested to “unbundle” costs so Pobal can understand and quantify each element, easily compare prices on all tenders and avoid any hidden costs.
Tenderers should be asked to indicate whether prices included in tenders are fixed, estimates and/or are subject to change depending on specific factors, such as exchange rates, order times etc.The Invitation to Tender should request that prices must include the costs for all operations/activities, are exclusive of VAT (with applicable VAT rate confirmed), are stated in Euro €, indicate clearly any discounts being offered and the validity period of the prices.
Cost schedule must be complete from Pobal’s side, Pobal can also ask for a catalogue and evaluate prices off a sample basket defined in the ITT.
8.4 Award CriteriaThe contract award criteria serve to identify the Most Economically and Advantageous Tender (MEAT). These criteria cover the technical, quality, and price of the tender. Where a contract is awarded on the basis of MEAT, Pobal should adopt criteria linked to the subject matter of the contract, which might include, in addition to price, non-financial factors such as quality of work product, ability to deliver on time, etc.
Previous experience may be used as an award criterion for any value contract. Experience can be assessed as part of the general suitability/prequalification assessment only. However, this is done on an exceptional basis only and should you wish to do this please email [email protected]. It is also important to note that when looking at previous experience it does not relate to previous experience with Pobal only and must relate to previous experience within their relative industry.
The qualitative criteria allow the quality of technical offers to be assessed.
The Specification of Requirements / Terms of Reference set out in the Invitation to Tender should outline clearly the key requirements in addition to the award criteria and weightings; the weightings should reflect priority in terms of Pobal’s needs. Weightings depend on the nature of the goods & services required and are determined on a case-by-case basis in the Invitation to Tender.
They should be carefully considered to now allow focus on a particular aspect unless this have been clearly identified as a key goal of the evaluation committee.
Selection CriteriaThe purpose of Selection Criteria is to ensure that only tenders from suitably competent firms are evaluated and receive business from Pobal i.e. focus on the supplier/provider. As with the Award Criteria (see over), Selection criteria must be mentioned in the Invitation to Tender and must meet the key principles of Transparency, Equal Treatment Non Discrimination, Proportionality and Mutual Recognition.
There are three areas to test in Selection Criteria: 1. Legal Standing
Ensuring firms are not guilty of corruption, fraud, money laundering, corruption, bankruptcy, non-payment of social welfare and tax. Pobal uses a Declaration of Bona Fides to seek confirmation regarding these criteria.
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2. Financial StandingEnsuring firms are financially sound. Tests of turnover and profitability can be set as well as seeking evidence of certain types of insurances and tax compliance. Pobal uses a “Self-Declaration” form to seek confirmation regarding these criteria. Evidence of self-declared must be sought prior to consideration for contract award, and in restricted tendering before the candidates are placed on the tender list.
3. Technical StandingEnsuring firms are technically competent to be considered for the tender. Tests relating to manpower, skills, previous experience, health & safety and quality assurance can be set.
In the Open procedure, the criteria and rules must be contained in the tender document and responses are assessed on a pass/fail basis. In the Restricted procedure, the criteria and rules can be set out in the notice or in a Pre-qualification Questionnaire (see below). In the Restricted procedure, the financial criteria are usually pass/fail and the technical criteria are usually weighted and scored, with the requirement that at least the top 5 firms (or another number agreed in advance) are invited to tender.
Pre-qualification Questionnaire
Can be used in Restricted, Negotiated and Competitive Dialogue procedures Suitable for potentially large supply markets. Not sensible when inviting tender submissions from all suppliers. Used to determine who will tender. Enables creation of a short list of potential providers to be taken forward to the
Invitation to Tender phase. Allows Pobal to obtain information to evaluate the suitability of potential supplier. Align questionnaires and questions with the evaluation criteria. Phrase questions to make it possible to compare responses. Ask questions that will
“extract” the right type of information about a particular area – vague questions get broad answers.
A good option available to smaller/less established suppliers as they won’t have to prepare the detailed, time consuming & labour intensive tender document initially. This will only be required if they are successful in meeting the Selection Criteria.
If potential tenderers fail to achieve a specific rating vs. criteria, then they are excluded from evaluation.
Award CriteriaPobal’s preference is to use the Most Economically Advantageous Tender (MEAT) criteria with quality and cost related criteria. The purpose of award criteria is to select the most suitable tenderer to deliver the contract by using open, transparent and objective criteria i.e. focus on the product/service. In addition to stating the award criteria, Pobal are required to also indicate the weighting for each criterion and whether any minimum score applies. In addition it is essential that an explanation is provided to tenderers about how each criterion will be assessed, linking the criterion directly to relevant sections of the specification / tender document.
Award Criteria must: Comply with the EU Directives with no mention of brand names Be related to the subject matter of the contract. Be expressly stated to enable tenders to be compared and assessed. State in Invitation to Tender the relative weightings (or range) of each criterion.
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Be clearly stated in a way that “well informed and diligent” tenderers will interpret in same way.
Be capable of being measured & assessed. Should be evaluated by a team with the necessary expertise to assess tenders.
Sample Award Criteria for Supplies Contract
Criteria Weighting Maximum Score
Minimum Score
Support – Warranty Period 10% 100 50% (50 Marks)
Tenders must submit clear and comprehensive details of all warranties to be provided including but not limited to manufacturer’s warranty and extended warranties both inclusive and exclusive of base cost price.
Support – Parts & Labour 2.5% 25 50%(13 Marks)
Tenders must submit clear and comprehensive details of any additional costs in relation to parts and labour that may be required to be carried out over the course of supporting the supply of the Goods.
Support – Additional Warranty 5% 50 50%(25 Marks)
Tenders must submit clear and comprehensive details of all warranties to be provided including but not limited to manufacturer’s warranty and extended warranties both inclusive and exclusive of base cost price.
Quality – ITT Technical Specification 15% 150 50%(75 Marks)
Tenderers are required to provide information on the product/service being offered, with particular reference to the specification. Responses will be assessed on the product/service offered and how it meets and exceeds the specification of requirements.
Delivery – As Per ITT Requirements 5% 50 50% (25 Marks)
The Contracting Authority wishes to see a detailed explanation with regards to ensuring delivery times as outlined about in Appendix 1 - Part A are met at all times. The Tenderer is responding to this RFT is encourages to read Part 3 of this RFT and to take into account the specifications listed in Appendix 1 - Part A of this document.
Delivery – Order Lead in Times 2.5% 25 50% (13 Marks)
Tenderers must outline the lead in times outlining the process from when an order is received from the Contracting Authority to when the Goods are physically delivered at the requested address.
Ultimate Cost – Fully Inclusive Price 60% 600 N/A
The Tenderer whose Ultimate Cost for Pricing Schedule A is the lowest shall be awarded the
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Sample Award Criteria for Supplies Contract
Criteria Weighting Maximum Score
Minimum Score
maximum marks available for Pricing Schedule A, all other Tenders shall be marked relative to the lowest Ultimate Cost for Pricing Schedule A.
Note: It is important that the criteria reflect the specification of requirements and that explanations are given for how each of the criteria will be assessed.
Sample Award Criteria for Services Contract
Criteria Weighting Maximum Score
Minimum Score
Service Delivery – Methodology 20% 200 50% (100 Marks)
Tenderers must submit a clear and comprehensive proposed outline plan that demonstrates the Tenderers proposed methodology in respect of how the Tenderer intends to provide the Services required. The Tenderer in responding to this RFT is encourages to read Part 3 of this RFT and to take into account the specifications listed in Appendix 1 - Part A of this document.
Service Delivery–Technical/Resource 10% 100 50%(13 Marks)
Tenderers are required to outline and provide full detail of all equipment and resources that will be used in the provision of this service.
Service Delivery – Response Times 5% 50 50%(50 Marks(
Tenders must submit clear and comprehensive details of timelines for responses to complaints and / or unexpected issues / support requests that may arise.
HR – Staff Allocated 5% 50 50%(50 Marks)
Tenderers must submit a clear and comprehensive proposed outline plan that details all human resources that will be involved in the delivery of this Service. Tenderers will be required to detail proposed hours and level of staff to be provided in the delivery of the Services.
Tenderers shall be required to detail where applicable the qualifications and experience of key staff involved in the delivery of this Service.
Quality – Quality Assurance 5% 50 50% (50 Marks)
Tenders must submit a clear and comprehensive proposed contract management plan that demonstrates the Tenderers proposed methodology in respect of the management of the supply and delivery of the Services throughout the term of the Contract.
Quality – Reporting & Invoicing 5% 50 50% (25 Marks)
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Sample Award Criteria for Services Contract
Criteria Weighting Maximum Score
Minimum Score
Tenderers must outline their processes and methods and proposed scheduling (if any) of reporting and invoicing the Contracting Authority.
Ultimate Cost – Fully Inclusive Price 50% 500 N/A
The Tenderer whose Ultimate Cost for Pricing Schedule A is the lowest shall be awarded the maximum marks available for Pricing Schedule A, all other Tenders shall be marked relative to the lowest Ultimate Cost for Pricing Schedule A.
Note: It is important that the criteria reflect the specification of requirements and that explanations are given for how each of the criteria will be assessed.
Selection CriteriaWhether contracts are awarded by Open, Accelerated or Restricted procedure, the following operations are always performed:
General principlesPobal should draw up clear and non-discriminatory selection criteria. The following selection criteria should apply in every procurement procedure:
The eligibility of the tenderer or candidate to take part in the procedure, checks having been carried out on the possible grounds for exclusion;
Criteria for assessing its financial, economic and technical capacity.
Pobal must lay down minimum capacity levels below which it cannot select candidates. Pobal are encouraged that their capacity levels are both justifiable and proportionate to the needs of the contract, so as to allow the widest scope of potential tenderers and encourage involvement by SMEs. Capacity requirements should not be framed in such a way as to unduly narrow a field of eligible tenderers see Circular 10/14 below. It should be noted that buyers may consider the previous experience of individuals who have formed a start-up SME that has yet to establish a track record as a company.
Circular 10/14 “Initiatives to assist SMEs in Public Procurement” (see here) strengths measures that all public contracting authorises, such as Pobal, are required to take to promote & facilitate small & medium enterprises (SME) involvement in the competitive tendering process, while ensuring that the process is carried out in a legal and transparent manner that secures value for money. The aim of the guidance is to “level the playing field” and create markets that have multiple suppliers, thus leading to more completion. The Circular offers encouragement to buyers to sub-divide contracts into specific lots (for example on a geographical, work piece or value basis), thus allowing small & medium providers to submit tenders for one or a number of lots without needing to have the capacity to fulfil all aspects of a contract. The guidance also highlights practices that are to be avoided because they unjustifiably hinder SMEs in competing for public contracts, such as overly complex Invitations to Tender, disproportionate levels of turnover & insurance etc.
It is important to note that as per Circular 10/14 the maximum turnover requirements of a tender should not be more than twice the total value of a tender.
Pobal shall specify in the Invitation to Tender or the call for expressions of interest or the invitation to submit a tender, the references chosen to test the status and the legal capacity
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of tenderers or candidates. The information requested by Pobal as proof of the financial, economic, technical and professional capacity of the tenderers must be such that meet the needs of the contract and not be excessive or disproportionate. It should be noted by Pobal staff that a Tenderer is not obliged to provide proof of capacity in terms of insurance and turnover at tender submission stage. They must merely sign a declaration that they will provide said proof if requested by Pobal prior to the award of any contract.
Award CriteriaContracts may be awarded in one of the following two ways:
a) Using the criterion of lowest price, in which case the contract is awarded to the tender which, while being in order and satisfying the conditions laid down, quotes the lowest price.
b) Looking for best-value-for-money (i.e. using the criterion of the Most Economically Advantageous Tender [MEAT]).
The criteria should be precise, non-discriminatory and not prejudicial to fair competition.
8.5 Providing Supplier Additional Information after PublishingThe Invitation to Tender should be clear enough to avoid tenderers from having to request additional information during the procedure. If Pobal, either on its own initiative or in response to the request from candidates or tenderers, provides additional information it must send such information in writing to all other interested parties at the same time unless the request is clearly designated confidential and Pobal agrees it is confidential. Clarifications can be issued via the eTenders website.
Tenderers may submit questions in writing before the deadline for submission of tenders. Pobal must reply to all tenderers' questions at least before the deadline for receipt of tenders with sufficient time before the deadline for tenders to reflect the information in their tenders, if necessary within 5 working days. The deadlines should be reasonable and sufficient to allow tenderers to query aspects of the Invitation to Tender.
8.6 Deadline for Tender SubmissionTenders must reach Pobal at the address and by no later than the date and time shown in the invitation to tender. For contracts below the EU Thresholds, the period for submission must be sufficient to guarantee the quality of tenders and so permit truly competitive tendering. The complexity of the project and other relevant factors relating to the preparation of the tender should be taken into account when setting this timeframe. Experience shows that too short a period prevents candidates from tendering or causes them to submit incomplete or ill-prepared tenders, especially when tender details and/or requirement are complex.
TENDERS RECEIVED AFTER THE DEADLINE MUST BE RETURNED UNOPENED AS THEY CANNOT BE ACCEPTED. THIS SHOULD BE CLEARLY RECORDED ON THE
REGISTER OF TENDERS AND IN THE COMPLETED TENDER EVALUATION REPORT
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8.7 Timelines for Advertising
Procedure Expressions of Interest Receipt of Tenders
Open – Under €25,000 (excl. VAT) 7 days 7 days
National – Accelerated Procedure 15 days 15 days
National – Open Procedure 30 days 30 days
National – Restricted Procedure 30 days 30 days
EU – Open (Non Electronic) 30 days 30 days
EU – Open (Electronic) 30 days 30 days
EU - Restricted – (Non Electronic) 15 days 15 days
EU - Restricted – (Electronic) N/A 10 days
EU - Accelerated / Restricted (Electronic) 15 days 15 days
Framework Mini Tenders N/A 10 days
8.8 Requests for Information / Issuing ClarificationsResponses to requests for information or clarifications from potential tenderers must be issued without delay and in any event within a maximum of six days of the request. Additional information, requested in good time, must be issued at least six days before the latest date for receipt of tenders.
In order to avoid giving unfair advantage, additional information/clarifications supplied to one party in response to a request should be supplied to all interested parties if it could be significant in the context of preparing a tender.
8.9 Additional Tips Be very clear in what you are looking for to ensure that you get tenders that fit your
needs. Make sure you set out under what criteria (both selection & award) the tenders will be evaluated. Avoid using ambiguous phrases that maybe misinterpreted by the suppliers, such as “quality of tender” in the award criteria, and address in the ITT any possible questions that may arise. If appropriate, ask someone not involved in the project to read the documentation and ensure it is clear.
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It is helpful to include a return check list (with tick-boxes) for suppliers, so that they can be sure that they have satisfied all requirements mentioned in the documents. This can also be helpful to the buyer in summarising what they need from suppliers.
In some tenders, where appropriate it may be useful to indicate a budget for the goods/service in the ITT in terms of quantity and volume only. This can give potential suppliers an idea of the range of the project, and they can tailor their submissions to meet this budget.
If possible, upload any tender documentation (in addition to the standard ITT) that may help clarify the tender, on to the eTenders website.
When uploading any tender documentation, ensure that the size of the documents is kept small. It is also useful to consider using PDF documents, which are harder to alter than standard text documents.
Contracting authorities, like Pobal may also include a statement in the ITT prohibiting the ITT being passed to a third party without the authorities’ permission. This is particularly relevant in the case of tenders advertised and documentation made available on the eTenders website. Candidates who register with the site and download tender documents will automatically receive any clarifications or additions to the original documentation. If the documentation is passed on by a third party to a supplier not registered with the site, that supplier may miss out on important additional information.
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9. Stages of the Tender Process
99.1 Evaluation Committee
The Evaluation Committee should be formed early enough to ensure the availability of the designated members during the period necessary to prepare and conduct the evaluation process. The tender evaluation should be completed as soon as possible to allow the successful tenderer to be notified by the Pobal (after all necessary approvals) within the tender validity period specified in the Invitations to Tender.
Supplies and Services
Value (Excl. VAT) Type No of Persons Level
€5,000 - €25,000 Supplies and Services Two Persons
Membership of Evaluation Committees should include Senior Management and other relevant staff, as appropriate.
€25,000 - €100,000 Supplies and Services Three Persons
€100,000 + Suppliers and Services
Five Persons(Including non-voting Secretary and Chairperson)
Works
Value (Excl. VAT) Type No of Persons Level
€5,000 - €50,000 Works Two PersonsMembership of Evaluation Committees should include Senior Management and other relevant staff, as appropriate.
€50,000 - €250,000 Works Three Persons
€250,000 + Works
Five Persons(Including non-voting Secretary and Chairperson)
It is important to establish the Evaluation Committee early in the process. Ideally the members of the evaluation committee should also be involved in the drafting of specifications. If this is not possible they should be in place soon after the Invitation to Tender is compiled and before advertisements are placed.
The voting members must possess the technical and administrative capacities necessary to give an informed opinion on the tenders were expertise is required.
The Evaluation Committee (i.e., the Chairperson, the Secretary and the other voting members) must be nominated on a personal basis by Pobal. The Evaluation Committee
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members should attend all meetings. Any absence must be recorded and explained in the Evaluation Report.
All voting members of the Evaluation Committee have equal voting rights.
Members of the Committee can be non Pobal staff, invited by the Pobal to participate. This may be done for example to increase impartiality and or where technical knowledge is not available internally in the project.
9.2 Receipt and Registration of TendersPobal on receiving tenders, must ensure that the date and time received is noted on the outer envelopes as well as providing a receipt for those delivered by hand (if requested). The envelopes containing the tenders must remain sealed and be kept in a safe place until they are opened by the Evaluation Committee. The outer envelopes of tenders must be numbered in order of receipt (whether or not they are received before the deadline for submission of tenders) – see Appendix A of the Evaluation Report in Appendix 9. These envelopes will be disposed of once the tenders has been opened and a record has been made of the time & date of receipt of each tender on the “Log of Tenders Received”.
Tenders delivered after the closing date for receipt of tenders should not be accepted but returned to the tenderer (unopened), with a letter outlining the reason(s) their tender is being returned. This should also be noted on the Evaluation Report in Appendix 9 as well as using the letter template at Appendix 15 – Letter – Late Submission Notification.
9.3 Opening of TendersTenders are opened and evaluated by an Evaluation Committee. A minimum of two people from the Evaluation Committee should be present for the opening of tenders. The only exception to the above rule is when tenders are being received electronically via eTenders. If you plan on receiving tenders electronically please email [email protected] to ensure a relevant account has been created on the eTenders website and that you can be guided through the opening process (these accounts will only be created for a Procurement Specialist).
The date, time, initials and signatures of the persons opening each tender must be recorded in the Register of Tenders. This can be found in Appendix A of the Evaluation Report template which is Appendix 9 of these guidelines.
When opening physical tenders, each tender must be initialled, dated and stamped on the following pages:
Cover page of each individual tender Each page of the cost schedule / form of tender
9.4 Evaluation of Tenders Part 1: Preparatory phaseThe first meeting of Evaluation Committee is held before starting the actual evaluation. The Invitation to Tender should have been circulated in advance to the members of the Evaluation Committee. The Chairperson presents the purpose of the tender and explains the procedures to be followed by the Evaluation Committee, including the evaluation criteria grids, award criteria, any related paperwork and weightings specified in the Invitation to Tender.
Part 2: Compliance with formal submission requirementsThe Evaluation Committee must decide whether or not tenders comply with the formal submission requirements at this stage – see Appendix B of the Evaluation Report at Appendix 9.
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The Chairperson must check that no member of the Evaluation Committee has a potential conflict of interest with any of the tenderers.
Part 3: Administrative complianceThe Evaluation Committee first checks the compliance of tenders with the instructions given in the Invitation to Tender. Any major formal errors or major restrictions affecting performance of the contract or distorting competition result in the rejection of the tender concerned.
With the agreement of the other Evaluation Committee members, the Chairperson may communicate in writing with tenderers whose submissions require clarification, offering them the possibility to respond within a reasonable time limit to be fixed by the Committee.
Part 4: Technical ComplianceThe Committee then examines the technical offers. When evaluating technical offers, each member indicatively awards scores in accordance with the technical evaluation weightings, laid down in the Invitations to Tender. Under no circumstances may the Committee or its members change the technical evaluation grid communicated to the tenderers in the Invitation to Tender.
If the content of a tender is so incomplete that it cannot be evaluated, the tender should be automatically rejected, without being given a score, but this should be justified in the evaluation report as the supplier will have to be notified of the reason for rejection.
On completion of the technical evaluation, the Evaluation Committee agree a consensus score for each tenderer against each criterion. All details should be recorded in writing and included in the Individual & Summary Tender Evaluation Reports, with the final scores allocated being the consensus agreement of the Evaluation Committee (see Individual & Summary Evaluation Reports – Appendix 8 and Appendix 7.
The Secretary of the Evaluation Committee must then compile a summary of the comments of the Committee members as part of the Evaluation Report (see – Appendix 9). Once complete, the Evaluation Report should be signed by all members of the Committee.
If clarification meetings were provided for in the Invitation to Tender, the Committee may decide to meet the suppliers/contractors proposed. In the case of such meetings, the suppliers are met by the committee, preferably collectively in the case of a team, at intervals close enough to permit comparison. Meetings must follow a standard format agreed beforehand by the Committee and applied to all suppliers or teams called. The purpose of the clarification meeting is to confirm the tenderers understanding of the requirements – tenderers can only be assessed against the award criteria and on the basis of the original tender. No new elements/information may be introduced by the tenderers.
Tenderers should be given at least 10 days' advance notice of the date and time of the clarification meeting. If a tenderer is prevented from attending a meeting by force majeure, a mutually convenient alternative appointment is arranged with the tenderer. Very careful notes should be kept of what is said at all meetings.
On completion of these meetings, the Evaluation Committee, without modifying either the composition or the weighting of the criteria laid down in the technical evaluation grid, allocates the final score to the tender.
In order to preserve the integrity of the Evaluation process, details of tenders must be kept confidential at least until the Evaluation process is concluded. After the award of a contract, certain information must be disclosed. Under the Public Procurement Directives, contracting authorities are required to provide certain information on contracts above the EU thresholds.
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Two particular provisions on disclosure of information in the Procurement Directives require that:
Any eliminated candidate or tenderer who requests it must be informed promptly (within 15 days) of the reasons for rejection and of the characteristics and relative advantages of the successful tenderer as well as the name of the successful tenderer (via the standard Regret Letter – see Chapter 11 for more details).
Certain information on contracts awarded over €25,000, including the name of the successful contractor(s) and the price, or range of prices, paid, must be published not more than 48 calendar days after the award.
However, information may be withheld from publication if release: Would impede law enforcement or would otherwise be contrary to the public interest. Would prejudice the legitimate commercial interests of particular undertakings or Might prejudice fair competition.
9.5 Scoring of Tenders Scoring of tenders should always be consistent across all suppliers and in line with the advertised ITT document. Below is an example from an ITT that is provided for illustration purposes only. Individual circumstances must be taken into account in all instances.
Sample Scoring and Award CriteriaCriterion Weighting Max Score Min Score ScoringCriterion (A) 30% 300 150
1 – No Response2 – Poor3 – Good4 – Very Good5 - Excellent
Criterion (B) 25% 250 125Criterion (C) 20% 200 100Criterion (D)
10% 100 50
Ultimate Cost 15% 150 N/A
TOTAL 100% 1,000
It is very important that the correct & most appropriate weightings and points are allocated to each Award Criteria. Some points to remember when developing the scoring matrix for inclusion in the Invitation to Tender:
The total weightings should equal 100%. The total Maximum Points should equal 1,000. The individual Maximum Points for each criterion should be the relevant weighing %
of the total Maximum Points. The individual Minimum Points for each criterion should be 50% of the individual
Maximum Points for each criterion. The “Excellent” score for each criterion should be the individual Maximum points for
each criterion. The “Good” score for each criterion should be the individual Minimum point for each
criterion. The lowest “Ultimate Cost” should be awarded Maximum Points and the “Ultimate
Costs” for all other tenderers should be a factor of the lowest “Ultimate Cost” (see formula below).
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An example has been provided for one criterion for illustration purposes only. Individual circumstances must be taken into account in all instances.
If you are uncertain about any these calculations/figures, please email [email protected].
Score Description
No response No response provided
Poor Response is of a low or inferior standard and satisfies little or none of the criterion
Mediocre Response is of average quality, partially satisfying the criterion
Good Response is of the required quality, adequately satisfying the criterion
Very Good Response is of high quality and satisfies the criterion to a high standard
Excellent Response is of superior quality & satisfies the criterion to an exceptional standard
Note – there are no minimum scores required for Cost related criteria.
VERY IMPORTANT The basis for allocating specific score must be agreed by all those on the Evaluation Committee in
advance of starting to evaluate tenders. As a result, the scoring allocated by Evaluation Committee members will be standardised and transparent if queries are ever raised. Consistency of
scoring is critical and is an area where challenges can be posed by unsuccessful tenderers.
Ultimate Cost CriteriaThe lowest cost tender that also meets all of the minimum requirements of the Award criteria will receive the maximum score achievable under this criterion. The scores of the other valid tenders will be calculated by using the formula outlined below:
A Ultimate Cost from a bona fide tender
B Ultimate Cost for this tender
C Maximum points available for this criterion X,000
Formula for awarding scores: X,000 * AB
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10. Evaluation of Tenders10
10.1 Evaluation CommitteeAll members of the Evaluation Committee and any observers must sign a Declaration of Impartiality and Confidentiality (see Appendix 3). Any Evaluation Committee member or observer who has a potential conflict of interest due to a link with any tenderer must declare it and actions taken to mitigate the conflict dependent on the link and ultimately may be required to step down from the evaluation committee or not partake in the evaluation of the relevant tender.
In line with the above any Evaluation Committee member who withdraws from the Evaluation Committee for whatever reason must be replaced and the evaluation process must be restarted. Any assessment by a voting member withdrawing from the Committee at whatever stage of the evaluation has to be disregarded.
Any attempt by a tenderer to unfairly influence the process in any way (whether by initiating contact with members of the Evaluation Committee or otherwise) must result in the immediate exclusion of its tender from further consideration.
Apart from the tender opening session, the proceedings of the Evaluation Committee are conducted in private and are confidential for all tenders, subject to the projects policy on access to documents.
In order to maintain the confidentiality of the proceedings, participation in the Evaluation Committee meetings is strictly limited to the members of the Evaluation Committee designated by the project and any authorized observers such as procurement specialists.
All meetings should be minuted and all decisions clearly recorded. All signed minutes should be attached to the Tender Evaluation Report compiled at the end of the process.
10.2 Impartiality and Confidentiality
Responsibilities of the Evaluation Committee MembersThe Chairperson is responsible for carrying out all administrative tasks connected with the evaluation procedure. These will include:
Tenders with obvious omitted responses Ensuring procedure for receipt of tenders is developed and recorded, Circulating and collecting the Declarations of Impartiality and Confidentiality; Keeping the minutes of all meetings of the Evaluation Committee and the relevant
records. Registering attendance at meetings and compiling the Evaluation Report and its
supporting annexes where relevant.
Any request for clarification requiring communication with the tenderers during the evaluation process must be conducted in writing. Copies of any such communication must be annexed to the Evaluation Report.
TENDERS THAT MUST BE REJECTED INCLUDE TENDERS WITH INCOMPLETE COST SCHEDULES AS RESUBMISSION OF ANY ALTERED COST SCHEDULE CONSTITUTES A NEW BID.
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If a tender infringes the formal requirements, the Evaluation Committee may use its discretion to decide whether or not it should still be considered during the rest of the evaluation process, while ensuring the equal treatment of tenders. Tenders failing in the following situations may not necessarily be rejected at the discretion of the Committee, however all tenderers must be treated equally:
tenders submitted in fewer number of copies than required; tenders with the wrong presentation (but the correct templates used) i.e. requested
costs per day but given weekly; tenders with minor calculation errors which do not affect the overall most
economically advantageous position of the tender
10.3 EvaluationOnce the Committee has established each technical offer's final score, any tender falling short of a predefined minimum score requirement, notified to all tenderers in advance, is automatically rejected. If no tender achieves the threshold, the tender procedure will be cancelled and a review of needs or the process undertaken.
Out of the tenders reaching the minimum score threshold, the lowest valid cost tender is identified. They receive the maximum score for cost and all of the other tenderers are scored relative to their tender cost.
Each valid and responsive tender will be scored in proportion to the maximum score, which will be allocated to the lowest cost valid tender not previously eliminated on qualitative grounds.The Evaluation Committee has to ensure that the financial offer satisfies all formal requirements. A financial offer not meeting these requirements may be rejected. Any rejection on these grounds will have to be fully justified in the Evaluation Report.
The Evaluation Committee checks that the financial offers contain no arithmetical errors. Any arithmetical errors should be highlighted to the tenderer and clarify the actual figure confirmed.
The total contract value comprises the fees and all associated costs, which are specified in the Invitation to Tender. This total contract value is compared with the maximum budget available for the contract. Tenders exceeding the maximum budget allocated for the contract may be eliminated, but only where a budget figure was indicated in the tender notice or tender documents.
The entire procedure (technical and financial evaluation) is recorded in a Final Evaluation Report to be signed by the Chairperson, the Secretary and all voting members of the Evaluation Committee. This must be submitted for approval to the relevant boards/management team (depending on the value of the project), which must decide whether or not to accept its recommendations.
The entire evaluation procedure, including notification of the successful tenderer, must be completed while the tenders are still valid. It is important to bear in mind that the successful tenderer might be unable to maintain its tender if the evaluation procedure takes too long.
Subject to the projects policy on access to documents, the entire tender procedure is confidential until the signature of the contract by both parties. The Evaluation Report, in particular, is for official use only and may not be divulged to tenderers or to any party outside the authorised managers of the group (subject to any applicable freedom of information rules).
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10.4 Period of Validity of Tender
Tenderers are bound by their tenders for the tender validity period specified in the letter of Invitation to Tender and/or in the Invitation to Tender document. This period must be sufficient within a reasonable time frame to allow the Evaluation Committee to examine tenders, approve the contract award proposal, notify the successful tenderer and conclude the contract.
The period of validity of tenders recommended for most contracts is 6-12 months, unless the scope of the contract is a commodity type item where pricing cannot be held for such periods, e.g. electricity, paper, etc. If there is a danger that the tender validity will expire before the evaluation is complete, than a request to extend the tender validity period for a further period should be issued to all tenderers with copies of all requests and replies kept on file. This can also be done via email and a 5 working day response deadline should be given or the tenderer is removed from further consideration as per the template in Appendix 20.
10.5 Tender Evaluation Report
A comprehensive Tender Report, summarising the details of the process undertaken, should be completed when the Tendering Process has been fully finalised – see template to be completed at Appendix 9. Please note that this Tender Report must be completed when undertaking a tender process over National thresholds. It is optional to complete the report for those tenders under the National thresholds.
Areas covered by the Tender Report include: Details of the type of Tender process followed in each instance Details of the Selection and Award criteria used List of the Tenders submitted to Pobal Summary of decisions made, including merits of winning tender Details of notifications issued to successful & unsuccessful tenderers
The Report should be completed & signed off by the Procurement specialist within the Directorate and kept on file with the other documentation related to this tender.
Four essential elements of the Evaluation Process are:
Compliance – have all minimum requirements been met?Selection – fair analysis of proposals submitted, based on predetermined selection criteria. Award – ensure proper communication of contract award.Document – ensure everything is fully documents and recorded
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11. Awarding of Tender / Contract11
11.1 Notification to Tenderers
Successful tendererBefore the period of validity of tenders expires and on the basis of the approved Evaluation Report, Pobal should notify the successful & unsuccessful tenderers in writing that their tenders have been identified as the winning or unsuccessful tenders – see sample Regret & Success letters (see Appendix 12 and Appendix 13).
The successful tenderer should only be advised they are “identified as the preferred winning tender”. Accepting a tender automatically creates a contract, which Pobal may not wish to do yet.
The unsuccessful tenderers must be informed of the decision made by Pobal (including the name of the successful candidate), the commencement of the Standstill Period (see below) and a summary of the reasons for their rejection, including the name, characteristics and advantages of the winning tender (providing scores is an option here). The information provided must be seen as sufficient to enable the unsuccessful tenderer to decide whether there are grounds for seeking review of the decision made by Pobal.
Any formal contract cannot be agreed with the winner until at least 14 calendar days have passed (known as the “Standstill Period”). This period is extended to 16 days if the success/regret letters are not sent electronically. If during that period, a legal review of the award decision is sought in the High Court, Pobal may not proceed to award the contract and delay the project until the court lifts the suspension of the process and/or determines the matter. If no challenge is received, Pobal may proceed to enter into a formal contract with the winning tenderer.
If the contract is signed by the tenderer and Pobal and all supporting documents received by Pobal, then the contract is valid for the duration of the contract stated therein.
11.2 Notification LettersSuccess & Regret Letters must be issued to those being awarded a contract / admitted to a Framework Agreement. The letters must comply with the Remedies obligations including standstill period, name of preferred bidder(s), reasons for rejection and features and characteristics of winner (in the case of a multi-party framework, the winner is the last firm admitted to the framework when notifying the unsuccessful framework members). Notification letters must also issue in the case of mini-competitions, but no standstill period is required unless the contract itself exceeds the EU threshold.
11.3 Outstanding Information LettersWhen an tender process is carried out through www.etenders.gov.ie, the Invitation to Tender will highlight that if Tenderers do not have the evidence requested under the Turnover, Evidence of Insurance and Tax Clearance eligibility criteria at the time of submitting their tender proposal, they could instead complete the Form of Self-Declaration that is included in the ITT templates in the appendices. This will assist SMEs who will not be burdened with organising additional insurance etc. until they have been successful in the tender process.
Prior to issuing a contract Pobal must then request the relevant evidence, requested within these 3 eligibility criteria, be provided in full within 5 working days of receipt of its request.
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Issuance of a contract or admittance into a framework is subject to the provision of this information within this deadline.
See Appendix 16 for template of these letters, which should be customised for each tender process carried out.
If a successful tenderer has submitted all/part of the information required under the 3 eligibility criteria previously, they will be asked to confirm in writing within this deadline what has been provided previously and what information is being submitted now. If the evidence required is not provided by the deadline date, then the tenderer in question will be eliminated.
Upon receipt, it is Pobal’s intention to issue the contract for execution.
11.4 Contract Preparation and SignatureIn preparing the contract for signature, the following documentation must be uploaded onto the Procurement SharePoint site for all procurement projects that are above National value thresholds:
i) Invitation to Tender, ii) Declarations of Impartiality & Confidentiality (signed),iii) Tender Submission log,iv) Tender Opening Report, v) Tender Opening Checklistvi) Evaluation Report (signed with completed Appendices A-D),vii) Success Letter(s)viii) Regret Letter(s)ix) Any other relevant information.
The standard contract annexes with General Conditions and Forms and other relevant documents must be reproduced without modification in every contract. Only the Special Conditions should need to be completed by the project.
Send two unsigned originals of the contract to the successful tenderer, who must sign them within 10 days of receipt and return both to Pobal, who will countersign them and return one to the successful tenderer(s). If the successful tenderer fails to do this within the specified deadline or indicates at any stage that it is not willing or able to sign the contract, the tenderer cannot be awarded the contract.
The contract takes effect on the date of the later signature i.e. the date that Pobal signs the contract. The contract cannot cover earlier services or enter into force before this date unless expressly stated to do so.
11.5 Notifying the Award of ContractPobal must inform tenderers of the decisions reached concerning the award of the contract as soon as possible, including the grounds for any decision not to award a contract for which there has been competitive tendering.
By providing unsuccessful candidates and tenderers with the general reasons for their failure, it is hoped to build their capacity for future tender contracts and hence increase competition. Additionally potentially good service providers may have been eliminated due to inexperience in the tendering process generally and this will aid learning.
It is a requirement that Pobal publish certain information on all contracts awarded (or framework agreements concluded) over €25,000 on www.etenders.gov.ie within 48 days of the award. This will aid the transparency of the procurement process and, possibly, reduce or eliminate enquiries from non-participants about the award of a contract. The particulars of the awarded contract, including the type of contract, the procedure and award criteria used, the
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number of tenders received, the name of the successful tenderer, the value of the contract or the range of tender prices and justification for the negotiated procedure, if used, must be published. The necessary information can be submitted electronically on the standard “Contract Award Notice”.
11.6 DebriefingDebriefing is recommended (but is not mandatory unless the tender is over the EU thresholds) for unsuccessful tenderers as it is an ideal way of providing and obtaining feedback on the tender process recently carried out. Debriefing is regarded as generally good practice and should therefore be viewed as an integral part of good Procurement practice, focused on continuous improvement. It should be noted that there is a fear that debriefing could result in a challenge of the results of the tender process. However if the procurement process is conducted according to the defined rules/process and decisions are made based on objective criteria/evaluation, which are duly recorded, then there should be nothing to fear.
Debriefing provides opportunity for Pobal and our suppliers to derive benefits such as: Helps suppliers to improve their competitive performance for future tenders. Assists new suppliers with guidance on doing business in the public sector. Encourages suppliers to continue to want to do business with Pobal in the future,
promoting competition. Reassures suppliers on the integrity of the process. Identifies ways of improving the tender process and communication for future cycles. Helps Pobal establish a reputation as a fair, open, ethical and value driven entity. Demonstrates commitment to good practice and openness.
The Debriefing Process should be structured into the following phases:
Identification of the unsuccessful tenderers in the process who might be involved in the debriefing.
Notification to tenderers of the outcome of the process (as explained above), can include an offer to debrief. For smaller value tenders (i.e. less than €25,000), the debriefing session can be conducted via telephone but debriefing for larger value tenders should be offered by way of a debriefing meeting.
Preparation for debriefing session should involve advance agreement on the agenda, purpose and scope of the session. It must be clear to all involved that the session is not an opportunity to change the selection decision or reopen the award procedure and only the unsuccessful tenderer’s own tender will be discussed. Attendance at the debriefing session should be kept small, involving only those who can add value to the discussions (i.e. relevant business and/or technical experts), with all those attending being well briefing in advance of the meeting and having defined roles at the meeting. Try to anticipate likely questions and prepare answers for these questions, remembering not adding to the information already provided.
Debriefing – the debriefing session could run as follows – Agenda overview Explain the primary purpose of the meeting, being feedback & learning Firmly re-state the scope of the meeting i.e. no change in outcomes Recap the tender process, selection/aware criteria & weightings Review the tenderer’s scores, highlighting identified strengths and weaknesses Allow time for discussion
Appropriate to discuss during the Debriefing sessiono Summary of tender & evaluation process
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o Evaluation criteria & weightingso Only the detail of the tenderer’s own tendero Name of successful tenderero Tenderer’s own score and relative strengths & weaknesseso Positive aspects of the tenderer’s submissiono Areas of improvement for future tender submissions
Not appropriate to discuss during the Debriefing sessiono Discussion aimed at reopening the process and/or changing the selection decisiono Disclosure of information such as the identity of other tenderers (other than the
successful tenderer), submissions of other tenderers, prices of other tenderers and/or the evaluation results of other tenderers.
Follow-Up – after the debriefing session should include follow-up on any agreed actions and the preparation of an informal record of the debriefing session including attendees, date, key discussion points and/or any strengths/areas for lessons learnt and improvement identified within the process.
11.7 Modifying ContractsContracts may need to be modified during their duration if the circumstances affecting project implementation have changed since the initial contract was signed. Contract modifications must be formalised through an addendum to the contract.
Substantial modifications to the contract, including modifications to the total contract amount, must be made by means of an addendum. Such an addendum must be signed by the contracting parties. Changes of address etc. may simply be notified in writing by the contractor to the project, although this does not affect the right of the project to oppose the contractor's changes if they effect the implementation of the project.
Pobal must be alert for a material change to a contract, which may result in the tender process being deemed invalid. Modifications must be related to the contract as advertised and strictly necessary for its completion. It is not appropriate to just add more supplies or services to the contract, particularly if the market which would have formed for the original contract might be different had they known about the “new” contract value/scale.
11.8 Extending ContractsIt is possible to extend contracts in certain circumstances. Generally extensions can only be awarded where the extension was catered for in the original competition, i.e. a 2 year contract with the option to extend for a further period of up to 2 years.
Where extensions are not catered for, the circumstances in which extensions to contracts may be negotiated are set out in the EU Directives and are clearly defined as:
For supplies: For additional deliveries by the original supplier as partial replacement or extension of existing supplies, where a change of supplier would involve material having different technical characteristics, resulting in incompatibility etc... Note: may not exceed a period of 3 years.Note: it is recommended to award Framework Agreements to cater for additional supplies, rather than rely on this derogation of your obligation.
For both works and service contracts, for additional works or services not included originally, but which have through unforeseen circumstances, become necessary, on condition that the award is made to the original economic operator. Note: the foregoing applies only where the works or services cannot be separated from the original contract, without major inconvenience to the authority, or when the works or services although separable are strictly necessary for completion of the project). The
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aggregate value of the contract for additional works or services may not exceed 50% of the original amount.
As these derogations are difficult to support, Pobal should be prudent and anticipate, as far as possible, all potential requirements before advertising.See Appendix 11 for “Pobal Contract Extension” Template.
The following general principles for contract extensions must always be respected: A contractor's request for contract modifications should not automatically be accepted by
Pobal. There must be justified reasons for modifying a contract. Pobal must examine the reasons given and reject requests which have little or no substantiation.
Contracts can only be modified within the term of the contract. The purpose of the addendum must be closely connected with the nature of the work covered by the initial contract.
Major changes, such as a fundamental alteration of the Terms of Reference, cannot be made by means of an addendum as the addendum must not alter the competition conditions prevailing at the time the contract was awarded.
For new services, a new contract should be signed.
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12. Supplier Management12
12.1 Supplier Management
Supplier Management is a key element of Strategic Procurement and is central to capturing the value created during the sourcing period. Management of critical and strategic suppliers will enable Pobal to:
Identify supplier’s performance against contract Drive continuous improvement Develop business relationships, Manage cost within the supply chain, Identify opportunities and risk within the market Leverage supplier’s expertise and innovation by understanding business best practice
and market trends.
Supplier Management elements that may be adopted by Pobal are:
Supplier Business Review MeetingsThese meetings should facilitate the exchange of critical information between Pobal and its supplier in order to develop good business relations and enhance performance.
Supplier Report Cards (SRC) A SRC should provide an objective, numerical based summary of a supplier’s performance and be reviewed with the supplier and stakeholders on a regular basis.
Issue Management To capture, document and ensure closure of any process issues or quality alterations. More detail on supplier management can be found by referring to Pobal’s Corporate Procurement Plan.
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Appendix 1 - Public Procurement ChecklistThis document is designed to provide a basic checklist covering the steps in a normal procurement cycle, from identifying and specifying a need to awarding a contract. While the specifics of each procurement exercise will be different, this checklist aims to provide a general reminder list to those required to undertake a procurement process.
Care should be taken to ensure the tender documentation is complete, relevant and proportionate to the need.
This checklist should be read in conjunction with the body of these Guidelines, as well as the national public procurement guidelines, Public Procurement Guidelines - Competitive Process, which provide more detailed guidance on the competitive process to be followed in the award of contracts for supplies and services. These and other guidelines are published on the national public procurement website www.etenders.gov.ie (under Guides / General Procurement Guidance).
1. Identify the Need – Is the Purchase Necessary?Before starting any procurement process, it is important to establish whether it is essential to purchase.
1.1Establish whether there is a clear business need for the product or service. The procurement should be essential for the conduct of normal business or to improve performance.
1.2Where possible, ensure that the business need addresses future phases of the service or purchase of goods that may be required.
1.3 Determine whether the products or services are already readily available within your organisation.
2. Writing the SpecificationOnce the need for, and what is needed from, a supplier or service provider has been established, the specification of requirements needs to be developed.
2.1 Base the specifications on the needs identified in the business case. 2.2 Ensure that the specifications are clear and comprehensive but not discriminatory (use
generic technical specification and avoid proprietary brand names). 2.3 Ensure that the specifications present the optimum combination of whole-life-costs
and/or price and quality to meet your requirements.
3. Estimating Cost (Total Contract Value)A realistic estimate of all phases of the service or product is essential as this will influence the procurement procedure to be followed and is important for budgeting purposes
3.1 Prepare a realistic estimate of all phases of the service or product. 3.2 Determine whether the estimate (exclusive of VAT) requires the tender to be carried
out through www.etenders.gov.ie (under or over EU procurement thresholds).
4. Securing Appropriate Approvals and FundingOnce a realistic estimate of cost is available the relevant budget holder should be requested to approve the expenditure in principle.
4.1 Ensure that all necessary approvals are sought in adequate time.
5. Determine Best Procurement StrategyAdopt a procurement strategy that will minimise casual, off-contract or ‘once-off’ purchases and promote best value for money.
5.1 Check if your organisation already has a contract or framework agreement in place for the product/service.
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6. Decide on Procurement Procedure to be FollowedFollowing an appropriate competitive tendering procedure will avoid breaches of national procurement policy and EU Procurement Directives. The type of competitive process to be followed can vary depending on the size and characteristics of the contract to be awarded and the nature of your organisation.
6.1 Conduct an appropriate competitive tendering procedure, determined by the Spend Thresholds laid down in Appendix II.
7. Preparing Your Invitation to Tender
7.1 Ensure that the ITT is clear and comprehensive. Clarity and completeness at this stage will help eliminate the need for clarifications later.
7.2Set out all the criteria that will be applied in the award process, together with the relative weightings of each. These criteria will form the basis against which tenders will be comparatively evaluated and are the key to an objective, transparent award procedure.
8. Allow Sufficient Time to Submission of TendersAllow suppliers an adequate period for the preparation of tenders.
8.1 Take account of the recommended timescales (see Chapter 7) and the complexity of the contract when fixing the timescale for submitting responses.
8.2 Allow suppliers sufficient time for submitting the necessary information and preparing the tenders (taking into account holiday periods etc.).
8.3 In the case of contracts in excess of EU Directive thresholds, ensure that the timescale complies with the minimum periods specified in the Directives (see Chapter 7).
9. Issuing All Documents and Clarifications Without DelayResponses to requests for information, requests for tender documents and other supporting documentation must be issued without delay.
9.1 Issue tender documents and responses to requests for additional information in good time (normally indicated in the Invitation to Tender document).
9.2Ensure that additional information supplied to one party, in response to a request, is supplied to all interested parties if it could be significant in the context of preparing a tender.
10. Receipt and Opening of TendersYou should ensure that proper procedures are in place for opening tenders.
10.1 Return late tenders unopened to the tenderer and record their existence and time of arrival.
10.2 Open all tenders (received on time) together as soon as possible after the designated latest time and date set for receipt of tenders.
10.3 Arrange for the opening of tenders to take place in the presence of at least two Pobal staff.
10.4 Ensure that a clear and formal independently vouched report of the tenders received is produced. i.e. Tender Opening Report
11. Clarifying TendersYou may seek additional information in clarifying submitted tenders.
11.1 Ensure that any clarification of tenders does not result in substantive alterations to bids after the deadline for submission has passed.
12. Evaluating TendersThe evaluation and award process must be demonstrably objective & transparent and based solely on the criteria published in the ITT
12.1 Arrange for the evaluation of tenders to be carried out by a suitably competent evaluation team.
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12.3 If price is the sole criterion, award the contract to the lowest priced bid complying with the specified requirements.
12.4 If the ‘most economically advantageous tender’ is the basis for award, award the contract to the tender that best meets the relevant published criteria.
13. Notifying TendersUnsuccessful candidates and tenderers for any public contract should be informed of the results of the tendering process without delay.
13.1Allow a 14 calendar day standstill period between notifying unsuccessful tenderers of the outcome of the tendering procedure (communicating stipulated information) and the formal award of contract to the successful candidate.
14. Debriefing Unsuccessful BiddersApart from observing the legal obligations where the provisions of the procurement Directives apply, where contracts are awarded on the basis of the most economically advantageous it is good practice to adopt a voluntary constructive policy on debriefing unsuccessful candidates (refer to Chapter 11).
14.1 Debriefing meetings may be undertaken to provide an objective assessment of the comparative strengths and weaknesses of the unsuccessful tender.
14.2 Give due regard to commercial sensitivity and the need to avoid compromising the rights or competitive situation of other tenderers.
15. Checking Tax ClearanceBefore a contract is issued by Pobal the supplier or service provider must hold a current Tax Clearance Certificate (if available) and provided confirmation of their Tax Reference Number (TRN) and Tax Clearance Access Number (TCAN).
15.1 Ensure that the supplier or service provider is tax cleared
16. Awarding the ContractThe contract should be awarded to the supplier or service provider that is best able to fulfil your requirements (selected in accordance with the award criteria), whose bid is within budget and in all other aspects complies with the ITT, approval requirements, public procurement law and national guidelines.
16.1 Unless in exceptional circumstances, the Pobal standard contract must be used, this records all terms and special conditions that apply.
16.2Ensure that the contract specifies clearly the roles and responsibilities of both the client and the supplier/service provider – what needs to be done, by whom and how much it will cost.
17. Publishing Contract Award NoticeFrom 1st August 2014, for contracts awarded above €25,000, you are required to publish certain information on contracts awarded within 48 days of the award. This will aid the transparency of the procurement process and, possibly, reduce or eliminate enquiries from non-participants about the award of a contract.
17.1 Where applicable, submit the necessary information online via the eTenders site on the standard ‘Contract Award Notice’.
18. Managing the ContractThe management stage of a contract is where value for money (VFM) gained during the preceding stages is realised. A contract needs to be effectively managed by the user, not just left to the supplier. Proactive involvement in the management of the contract is essential to maximise VFM.
18.1 Maintain a record of supplier performance in order to check work/goods against the specification.
18.2 Ensure that there are procedures for identifying inadequacies/poor performance and for remedial action.
18.3At the conclusion of the contract, review the whole procurement process, not just the supplier’s performance but also the effectiveness of the earlier stages. This review process can provide information for future procurements – in respect of developing and specifying needs, supplier selection and contract management.
Appendix 2 – Thresholds
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REGARDLESS OF THE VALUE, POBAL STAFF SHOULD AT ALL TIMES SEEK BEST VALUE FOR MONEY WHEN CARRYING OUT PURCHASING
BELOW NATIONAL VALUE THRESHOLDS (EXCLUDING VAT)
< €2,000
1 Written Quotation For the purchase of supplies or general services up to €2,000, Pobal staff are required to get at least 1 written quote i.e. from the chosen provider. The option is always available to obtain more than one quote to ensure value for money is being achieved. The quotations can be via email, fax or post.
> €2,000 and < €5,000
2 Written QuotationsFor the purchase of supplies or general services between €2,000 and €5,000, Pobal staff are required to get at least 2 written quotes. As before, these quotations can be via email, fax or post. Where there is a choice in suppliers, staff must clarify the basis for selecting the chosen supplier.
If it is anticipated that similar purchases to the value of over €5,000 over a 12-month period will be required, staff should follow the procedure explained in the following section (i.e. obtain 3 written quotes or follow the OPEN competitive tendering process) even if the individual purchases may be under €5,000.PURCHASE ORDERS MUST BE FULLY APPROVED BEFORE AN ORDER IS PLACED
> €5,000 and < €25,000
3-5 Written QuotationsWhere supplies or general services between €5,000 and €25,000 are purchased, staff must obtain 3 written quotes or follow the OPEN competitive tendering process, explained in these Guidelines. The method selected should depend on the circumstances of the purchase i.e. timelines, complexity of the purchase etc...
In exceptional circumstances, where you are unable to obtain three quotes, a note to this effect must be maintained on the quotation/tendering file, including details of suppliers requested to quote and the reasons why three quotes were not obtained. Staff may need to expand the trawl of suppliers, due to an insufficient response from the initial request, to ensure the overriding principle of best value for public money is achieved.
Important Note:
You are not required to advertise on eTenders for values below €25,000. However, best practice states that should the value be approximately €23,000 that is should be advertised on eTenders. This is due to the fact that should quotes come in over €25,000 then you will need to begin the process all over again.
ABOVE NATIONAL VALUE THRESHOLDS (EXCLUDING VAT)
> €25,000 Must be advertised via a tendering process on www.etenders.gov.ie
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ABOVE NATIONAL VALUE THRESHOLDS (EXCLUDING VAT)Purchases for supplies and general services of €25,000 and up to EU Thresholds are now to be advertised by means of a formal tendering process.
Where supplies or general services up to €125,000 are purchased, staff should follow the OPEN competitive tendering process, explained in this document.
ABOVE EU VALUE THRESHOLDS (EXCLUDING VAT)
> €221,000 {Note}
Must be advertised on EU Journal (OJEU) via tendering process on www.etenders.gov.ie . Where supplies or general services at EU Thresholds & above are purchased, EU Procurement Rules apply. It is required to advertise tenders EU wide using www.etenders.gov.ie.
Where supplies or general services over €125,000 are purchased, staff should follow the tendering procedure most appropriate in each case, i.e. the open or restricted procedure or competitive dialogue procedure (for complex projects).
€5,548,000 (Works) {Note}
Must be advertised on EU Journal (OJEU) via a formal tendering process using www.etenders.gov.ie .
Where works EU Thresholds & above are purchased, EU Procurement Rules apply. It is required to advertise tenders EU wide using www.etenders.gov.ie.
Note – EU Thresholds are revised every 2 years. The Thresholds above are applicable from 1st January 2018 to 31st December 2019.
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Appendix 3 – Declaration of Impartiality & Confidentiality
Tender Title: [TENDER TITLE]
I, the undersigned, hereby declare that I agree to participate in the evaluation of the above-mentioned procedure. By making this declaration, I confirm that I have familiarised myself with the information available to date concerning this procedure. I further declare that I shall execute my responsibilities honestly and fairly.
I am independent1 of all parties which stand to gain from the outcome of the evaluation process2. To the best of my knowledge and belief, there are no facts or circumstances, past or present, or that could arise in the foreseeable future, which might call into question my independence in the eyes of any party; and, should it become apparent during the course of the evaluation process that such a relationship exists or has been established, I will immediately cease to participate in the evaluation process.
I agree to hold in trust and confidence any information or documents ("confidential information") disclosed to me or discovered by me or prepared by me in the course of or as a result of the evaluation and agree that it shall be used only for the purposes of this evaluation and shall not be disclosed to any third party. I also agree not to retain copies of any written information or prototypes supplied.
Confidential information shall not be disclosed to any employee or expert unless they agree to execute and be bound by the terms of this Declaration.
Signed:
Date:
Name: [Insert Name]
Position: [Insert Position]
Organisation: Pobal
1 Taking into consideration whether there exists any past or present relationship, direct or indirect, whether financial, professional or of another kind2 i.e., all tenderers who are participating in the procedure, whether individuals or members of a consortium, or any of the partners or subcontractors proposed by them
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Appendix 4 - RFI – Request for Information (RFI)
PLEASE NOTE THIS IS A SAMPLE RFI DOCUMENT. EACH RFI AND THE QUESTIONS ASKED WITHIN IT SHOULD RELATE DIRECTLY TO THE
MARKET AND GOODS / SERVICES THAT YOUR TRYING TO RESEARCH
Part 1: Introduction __________________________________ 1.1 GeneralPobal is seeking information from the [INSERT TYPE] market with regards to the [SUPPLY / PROVISION] of [GOODS / SERVICES].
[INSERT ADDITIONAL ONE OR TWO LINES PROVIDING MORE INFORMATION ON YOUR REQUIREMENTS]
If your company provides the above [GOODS / SERVICES] then we would be grateful if you could complete and return the form below.
1.2 Background to PobalPobal is an intermediary that works on behalf of the Irish Government and the EU to support communities and local agencies toward achieving social inclusion, reconciliation and equality. It is a not-for-profit company with charitable status, employing approximately 300 people across 6 office in Ireland. Pobal currently manages 23 programmes, allocating approximately €345m to 3,000 beneficiaries.
Pobal’s core activities are to:
Provide support to communities to enhance their capacity to identify and respond to needs;
Evaluate strategies and appraise proposals using transparent criteria and procedures;
Make recommendations and allocate funding following appraisal and evaluation; Assist and support the implementation of approved proposals and strategies; Develop appropriate proofing mechanisms, support their introduction and monitor
their implementation; Add value at local level through actively encouraging strategic co-ordination among
relevant stakeholders and between programmes that Pobal manages; Manage Government funds in a transparent and prudent manner Provide guidance and support on organisational management and governance; Conduct independent audits of beneficiaries based on risk analysis; Monitor expenditure and performance in achieve agreed targets and outcomes; Undertake and support the analysis and exchange of experience, leading to the
identification and dissemination of good practice; and Information and influence policy development at local, regional and national levels.
Further information on Pobal can be found on the website at www.pobal.ie.
1.3 QueriesAll responses and queries in relation to this Request for Information should be made via the eTenders website (www.etenders.gov.ie).
1.4 Important Notice1.4.1Please note that this is not a competition and we are not seeking tenders at this
stage, it is purely an information exercise seeking the views of market operators on
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possible approaches that may be taken in a tender process which will be undertaken over the coming months.
1.4.2Please note that this is not a competition but is a Request for Information only. It does not constitute an offer to enter into a contract. Neither this document nor any information set out herein shall be regarded as a commitment or representation on the part of Pobal to develop the specification in a particular way or to enter into a contractual arrangement. No enforceable commitment of any kind, contractual or otherwise, will arise from this Request for Information.
1.4.3Pobal may decide to not proceed with this competition at any stage.
1.5 Instructions to SuppliersAs described in paragraph 1.1 above this survey is for you if:
You are a company or other independent expert or professional who provides [GOODS / SERVICES]
You want to engage with us to help us understand the current market for [GOODS / SERVICES] in relation to [MORE INFORMATION IF REQUIRED].
The questions we would like you to complete are contained in Part 2 of this Request for Information document. The information provided will contribute to the development of our procurement strategy in relation to [GOODS / SERVICES] and will provide valuable insight to Pobal.
Please note that the comments and answers received in respect of Part 2 of this document will be treated in the strictest confidence by Pobal. However, the responses may be subject to disclosure under the Freedom of Information Act 2014. According all responses should indicate clearly in their response that any information contained therein should be considered commercially sensitive.
As part of this Request for Information and market research and analysis Pobal may seek additional clarifications from some of the responses received. Pobal may also seek meetings with some services providers for market research purposes only. It is not considered feasible or necessary to hold meetings with all of those that make submissions or with all services providers. Any meetings organized will be for supply market research purposes only.
We would appreciate your response before [INSERT DATE] at 17:00hrs. Responses should be submitted via the eTenders post-box in PDF format where possible. Please note that the attachment size limit is 15MB.
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Part 2: RFI – Response Form __________________________________ 2.1 Contact Details
Company Name
Company Position
Contact Name
Phone Number
E-Mail Address
2.2 Company ProfilePlease tell us about your company. When was it established, how many employees at how many locations, your core business, product / service range and any other relevant information?
Response
2.3 Market AnalysisPlease tell us who are the main [GOODS / SERVICE] providers operating in this market, what way is the market heading and what are the main cost drivers within the market.
Response
2.4 Product / Service AnalysisPlease identify the range of products and services that your organisation offers. Where applicable please include information such as [GOODS / SERVICES] name, [GOODS] model, the key functions of [GOODS / SERVICES] and what you think are the main benefits of the [GOODS / SERVICES].
Response
2.5 Product / Service AnalysisHow intuitive and / or user friendly are the [GOODS / SERVICES] you offer.
Response
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2.6 Manufacturer / ResellerPlease provide information on your distribution channels and any partners you work with in the implementation of same.
Response
2.7 ImplementationPlease provide information on the standard skills / competencies / qualifications required (if any) for successful implementation of the [GOODS / SERVICES] that you provide. What is the typical timeframe required for the implementation of standard [GOODS / SERVICES] and is there any additional information you wish to include?
Response
2.8 TrainingIn your experience is user training required for your [GOODS / SERVICES] and if so how many days. What on-going user supports are available and are any books or manuals available.
Response
2.9 Indicative Costing ModelsPlease outline what are the typical costs and / or subscription rates for your standard [GOODS / SERVICES]. If as asked in 2.8 above training is recommended then what is the typical daily rate for training or is it included in basic costs.
Response
2.10 Technical - PhysicalNote: This question relates to each goods and service and as such no standardised question can be prepared. Topics to include requesting information on include cloud / hosted solutions for software, security measures, requirements for delivery and manufacturing.
Response
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2.11 Technical – Configuration / CustomisationIf necessary how configurable is the solution to the specific needs of an organisation or is bespoke work required? If bespoke work is required what expertise would be an essential requirement and would third parties be possibly involved.
Response
2.12 Technical - IntegrationWhat are the key integration criteria necessary to ensure a successful implementation where integration with other systems, services or products is required? Are there any systems with which your product, systems or services cannot integrate?
Response
2.13 Other IssuesPlease provide any additional information or commentary that you believe is relevant and that we have no addressed in the questions above.
Response
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Appendix 5 Checklist for Values - €5,186,000+ (Capital Works)This document is designed to provide a basic checklist covering the steps in a normal procurement cycle, from identifying and specifying a need to awarding a contract. While the specifics of each procurement exercise will be different, this checklist aims to provide a general reminder list to those required to undertake a procurement process.
Care should be taken to ensure the tender documentation is complete, relevant and proportionate to the need.
This checklist should be read in conjunction with the body of these Guidelines, as well as the national public procurement guidelines, Public Procurement Guidelines - Competitive Process, which provide more detailed guidance on the competitive process to be followed in the award of contracts for supplies and services. These and other guidelines are published on the national public procurement website www.etenders.gov.ie (under Guides / General Procurement Guidance).
1. Identify the Need – Is the Purchase Necessary?Before starting any procurement process, it is important to establish whether it is essential to purchase.
1.1Establish whether there is a clear business need for the product or service. The procurement should be essential for the conduct of normal business or to improve performance.
1.2Where possible, ensure that the business need addresses future phases of the service or purchase of goods that may be required.
1.3 Determine whether the products or services are already readily available within your organisation.
2. Writing the SpecificationOnce the need for, and what is needed from, a supplier or service provider has been established, the specification of requirements needs to be developed.
2.1 Base the specifications on the needs identified in the business case. 2.2
Ensure that the specifications are clear and comprehensive but not discriminatory (use generic technical specification and avoid proprietary brand names).
2.3 Ensure that the specifications present the optimum combination of whole-life-costs and/or price and quality to meet your requirements.
3. Estimating Cost (Total Contract Value)A realistic estimate of all phases of the service or product is essential as this will influence the procurement procedure to be followed and is important for budgeting purposes
3.1 Prepare a realistic estimate of all phases of the service or product. 3.2 Determine whether the estimate (exclusive of VAT) requires the tender to be carried
out through www.etenders.gov.ie (under or over EU procurement thresholds).
4. Securing Appropriate Approvals and FundingOnce a realistic estimate of cost is available the relevant budget holder should be requested to approve the expenditure in principle.
4.1 Ensure that all necessary approvals are sought in adequate time.
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5. Determine Best Procurement StrategyAdopt a procurement strategy that will minimise casual, off-contract or ‘once-off’ purchases and promote best value for money.
5.1 Check if your organisation already has a contract or framework agreement in place for the product/service.
6. Decide on Procurement Procedure to be FollowedFollowing an appropriate competitive tendering procedure will avoid breaches of national procurement policy and EU Procurement Directives. The type of competitive process to be followed can vary depending on the size and characteristics of the contract to be awarded and the nature of your organisation.
6.1 Conduct an appropriate competitive tendering procedure, determined by the Spend Thresholds laid down in Appendix II.
7. Preparing Your Invitation to Tender
7.1 Ensure that the ITT is clear and comprehensive. Clarity and completeness at this stage will help eliminate the need for clarifications later.
7.2
Set out all the criteria that will be applied in the award process, together with the relative weightings of each. These criteria will form the basis against which tenders will be comparatively evaluated and are the key to an objective, transparent award procedure.
8. Allow Sufficient Time to Submission of TendersAllow suppliers an adequate period for the preparation of tenders.
8.1 Take account of the recommended timescales (see Chapter 7) and the complexity of the contract when fixing the timescale for submitting responses.
8.2 Allow suppliers sufficient time for submitting the necessary information and preparing the tenders (taking into account holiday periods etc.).
8.3 In the case of contracts in excess of EU Directive thresholds, ensure that the timescale complies with the minimum periods specified in the Directives (see Chapter 7).
9. Issuing All Documents and Clarifications Without DelayResponses to requests for information, requests for tender documents and other supporting documentation must be issued without delay.
9.1 Issue tender documents and responses to requests for additional information in good time (normally indicated in the Invitation to Tender document).
9.2Ensure that additional information supplied to one party, in response to a request, is supplied to all interested parties if it could be significant in the context of preparing a tender.
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10. Receipt and Opening of TendersYou should ensure that proper procedures are in place for opening tenders.
10.1 Return late tenders unopened to the tenderer and record their existence and time of arrival.
10.2 Open all tenders (received on time) together as soon as possible after the designated latest time and date set for receipt of tenders.
10.3 Arrange for the opening of tenders to take place in the presence of at least two Pobal staff.
10.4 Ensure that a clear and formal independently vouched report of the tenders received is produced. i.e. Tender Opening Report
11. Clarifying TendersYou may seek additional information in clarifying submitted tenders.
11.1 Ensure that any clarification of tenders does not result in substantive alterations to bids after the deadline for submission has passed.
12. Evaluating TendersThe evaluation and award process must be demonstrably objective & transparent and based solely on the criteria published in the ITT
12.1 Arrange for the evaluation of tenders to be carried out by a suitably competent evaluation team.
12.2Evaluate price exclusive of VAT.
12.3 If price is the sole criterion, award the contract to the lowest priced bid complying with the specified requirements.
12.4 If the ‘most economically advantageous tender’ is the basis for award, award the contract to the tender that best meets the relevant published criteria.
13. Notifying TendersUnsuccessful candidates and tenderers for any public contract should be informed of the results of the tendering process without delay.
13.1Allow a 14 calendar day standstill period between notifying unsuccessful tenderers of the outcome of the tendering procedure (communicating stipulated information) and the formal award of contract to the successful candidate.
14. Debriefing Unsuccessful BiddersApart from observing the legal obligations where the provisions of the procurement Directives apply, where contracts are awarded on the basis of the most economically advantageous it is good practice to adopt a voluntary constructive policy on debriefing unsuccessful candidates (refer to Chapter 11).
14.1Debriefing meetings may be undertaken to provide an objective assessment of the comparative strengths and weaknesses of the unsuccessful tender.
14.2Give due regard to commercial sensitivity and the need to avoid compromising the rights or competitive situation of other tenderers.
15. Checking Tax ClearanceBefore a contract is issued by Pobal the supplier or service provider must hold a current Tax Clearance Certificate (if
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available) and provided confirmation of their Tax Reference Number (TRN) and Tax Clearance Access Number (TCAN).
15.1 Ensure that the supplier or service provider is tax cleared
16. Awarding the ContractThe contract should be awarded to the supplier or service provider that is best able to fulfil your requirements (selected in accordance with the award criteria), whose bid is within budget and in all other aspects complies with the ITT, approval requirements, public procurement law and national guidelines.
16.1 Unless in exceptional circumstances, the Pobal standard contract must be used, this records all terms and special conditions that apply.
16.2Ensure that the contract specifies clearly the roles and responsibilities of both the client and the supplier/service provider – what needs to be done, by whom and how much it will cost.
17. Publishing Contract Award NoticeFrom 1st August 2014, for contracts awarded above €25,000, you are required to publish certain information on contracts awarded within 48 days of the award. This will aid the transparency of the procurement process and, possibly, reduce or eliminate enquiries from non-participants about the award of a contract.
17.1 Where applicable, submit the necessary information online via the eTenders site on the standard ‘Contract Award Notice’.
18. Managing the ContractThe management stage of a contract is where value for money (VFM) gained during the preceding stages is realised. A contract needs to be effectively managed by the user, not just left to the supplier. Proactive involvement in the management of the contract is essential to maximise VFM.
18.1 Maintain a record of supplier performance in order to check work/goods against the specification.
18.2 Ensure that there are procedures for identifying inadequacies/poor performance and for remedial action.
18.3
At the conclusion of the contract, review the whole procurement process, not just the supplier’s performance but also the effectiveness of the earlier stages. This review process can provide information for future procurements – in respect of developing and specifying needs, supplier selection and contract management.
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Appendix 6 - Invitation to Tender Document (ITT) – Example
THIS IS AN EXAMPLE ITT ONLY. PLEASE USE RELEVANT TEMPLATE FOR SERVICES OR GOODS THAT IS AVAIALBLE ON PROCUREMENT
SHAREPOINT SITE
Part 1: Introduction1.1. Pobal (the “Contacting Authority”) invites tenders (“Tenders”) to this request for tenders
(“RFT”) from economic operators (“Tenderers”) for the provision of the services as described in Appendix 1 to this RFT (the “Services”).
1.2. In summary, the Services comprise [Insert Type of Services Sought].
1.3. This public procurement competition (the “Competition”) will be divided into [Insert Number] lots (each a “Lot”) as described below. Each Lot will result in a separate contract.
[Insert Lots Description & Any Rules / Instructions in Relation to Same]
1.4. This public procurement competition (the “Competition”) will be conducted in accordance with the open procedure under the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016) (the “Regulations”).Any contract that may result from this Competition (the “Services Contract”) will be issued for a term of thirty six (36) months (the “Term”).
1.5. The Contracting Authority reserves the right to extend the Term for a period or periods of up to twelve (12) months with a maximum of one (1) such extension or extensions on the same terms and conditions, subject to the Contracting Authority’s obligations at law.
1.6. The Contracting Authority estimates that the expenditure on the Services to be covered by the proposed Services Contract(s) may amount to some €000,000 (excl. VAT) over the Term and any possible extensions. Tenderers must understand that this figure is an estimate based on current and future expected usage.
1.7. Contracting Authority policy seeks to encourage participation on a fair and equal basis by Small and Medium Enterprises (“SME”s) in this Competition. SMEs that believe the scope of this Competition is beyond their technical or business capacity are encouraged, subject to paragraph 2.5, to explore the possibilities of forming relationships with other SMEs or with larger enterprises. Through such relationships they can participate and contribute to the successful implementation of any Services Contract that may result from this Competition and therefore increase their social and economic benefits.
Larger enterprises are also encouraged, subject to paragraph 2.5, to consider the practical ways that SMEs can be included in their proposals to maximize the social and economic benefits of any Services Contract that may result from this Competition.
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Part 2: Instructions to Tenderers2.1 Important Notices8.1.1 While every effort has been made to provide comprehensive and accurate information in all
notices and documents prepared for the purposes of this Competition, the Contracting Authority does not accept any liability or provide any express or implied warranty in respect of any such information. Tenderers must form their own conclusions about the solution needed to meet the requirements set out in this RFT and may wish to consult their legal advisers.
8.1.2 The Contracting Authority does not bind itself to accept the lowest priced or any Tender.
This RFT does not constitute an offer or commitment to enter into a Services Contract.
No contractual rights in relation to the Contracting Authority will exist unless and until a formal written Services Contract has been executed by or on behalf of the Contracting Authority.
Any notification of preferred bidder status by the Contracting Authority shall not give rise to any enforceable rights by the Tenderer.
The Contracting Authority may cancel this competition (or for the avoidance of doubt, any individual Lot) at any time prior to a formal written Services Contract being executed by or on behalf of the Contracting Authority.
The award of a Services Contract does not confer exclusivity on the successful Tenderer.
8.1.3 This RFT supersedes and replaces any and all previous documentation, communications and correspondence between the Contracting Authority and Tenderers, and Tenderers should place no reliance on such previous documentation and correspondence.
8.1.4 In this clause 2.1.4, “Data Protection Laws” means all applicable national and EU data protection laws, regulations and guidelines including but not limited to Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( the “General Data Protection Regulation”), and any guidelines and codes of practice issued by the Office of the Data Protection Commissioner or other supervisory authority for data protection in Ireland from time to time.
The Contracting Authority will be a Data Controller (where Data Controller has the meaning given under the Data Protection Laws) in respect of any Personal Data (where Personal Data has the meaning given under the Data Protection Laws) required to be provided by the Tenderer in response to this RFT.
The Tenderer, as Data Controller is respect of any Personal Data provided by it in its Tender, is required to confirm in the statement requirement under paragraph 2.4 below that all Data Subjects (where Data Subject has the meaning given under the Data Protection Laws) whose Personal Data is provided by the Tenderer have consented to the processing of such Personal Data by the Tenderer, the Contracting Authority, the Evaluation Team and the supplier of the etenders.gov.ie website, for the purposes of the participation of the Tenderer in this Competition or that the Tenderer otherwise has a legal basis for providing such Personal Data to the Contracting Authority for the purposes of its participation in this Competition.
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2.2 Compliant Tenders 2.3.1 If a Tenderer fails to comply in any respect with the requirements of this paragraph 2.2.1, the
Contracting Authority reserves the right to reject the Tenderer’s Tender as non-compliant or, without prejudice to this right and subject to its obligations at law, to take any other action it considers appropriate including but not limited to:
seeking written clarification from the Tenderer; seeking further information from the Tenderer; or waiving a requirement, which in Contracting Authority’s view, is non-material or
procedural.
Tenderers are required:
a) To complete and submit with the Tender the European Single Procurement Document (“ESPD”) attached at Appendix 4 – for Tenderer’s convenience, the form of ESPD at Appendix 4 is also provided with this RFT as a separate document in Word format, which may be downloaded for completion by Tenderers. Alternatively, Tenderers may submit an ESPD which has already been used in a previous procurement procedure PROVIDED THAT they confirm that:
i. the information contained in it continues to be correct; andii. that they satisfy the Selection Criteria for this Competition as set out at part
3.2 below.
b) To submit all documentation which this RFT requires to be submitted with their Tender;
c) To follow the format of this RFT and respond to each element in the order as set out in this RFT;
d) To conform to and comply with all instructions and requirements set out within this RFT;
e) To submit the statement required under paragraph 2.4 below; and
f) Not to alter or edit this RFT in any way
2.2.1 Without prejudice to the generality of paragraph 2.2.1, failure to comply with paragraph 2.6.1, 2.6.2 or 2.6.3 below will render the Tender non-compliant and it will be rejected.
2.3 Services Contract2.3.1 Tenderers should note the terms and conditions of the Services Contract at Appendix 6 to this
RFT.
2.3.2 Tenderers are required to confirm their acceptance of the terms and conditions of the Services Contract by signing the Tenderer’s Statement at Appendix 3. Tenderers may not amend the Services Contract.
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2.4 Acceptance of RFT RequirementsEach Tenderer is required to accept the provisions of this RFT. ALL TENDERERS MUST RETURN, with their Tender, a scanned signed copy of the Tenderer’s Statement, as set out in Appendix 3, printed on the Tenderer’s letterhead. The Contracting Authority must be able to read the scanned signature of the Tenderer. If possible, please sign documents using blue ink. If the Contracting Authority cannot read the scanned signature, Tenderers may be requested to re-submit. Tenderers may not amend the Tenderer’s Statement.
2.5 Consortia and Prime / SubcontractorsWhere a group of undertakings (in whatever form and regardless of the legal relationship between them) come together to submit a Tender in response to this RFT, the Contracting Authority will deal with all matters relating to this Competition through a single nominated entity authorised to represent all members of the group of undertakings. The Tenderer must provide details of all members of the group of undertakings and their role in the Tender and clearly set out the contact details including name, title, telephone number, postal address, facsimile number and email address of the nominated entity authorised to represent the Tenderer and to whom all communications shall be directed and accepted until this Competition has been completed or terminated. Correspondence from any other person will NOT be accepted, acknowledged or responded to.
Prior to and as a condition of award of any Services Contract, the successful Tenderer shall be required to designate a single entity who will carry overall responsibility for the Services Contract (the “Prime Contractor”), irrespective of whether or not tasks are to be performed bv a subcontractor or other consortium member (the “Subcontractor”).
2.6 Tender Submission Requirements2.6.1 Tenders must be submitted via the electronic post-box available on www.etenders.gov.ie.
Only Tenders submitted to the electronic post-box will be accepted. Tenders submitted by any other means (including but not limited to by email, fax, post or hand delivery) will NOT be accepted.
Tenderers must ensure that they give themselves sufficient time to upload and submit all required tender documentation before the Tender Deadline (as defined in paragraph 2.6.2). Tenderers should take into account the fact that upload speeds vary. There is a maximum of 4GB for the total (combined) documents sent to the electronic post-box.
In order to submit a document to the electronic post-box, please not that you must click “Submit Response”. After submitting you can still modify and re-send your response up until response deadline. Tenderers should be aware that the “Submit Response” button will be disabled automatically upon the expiration of the response deadline.
2.6.2 Tenders must be received not later than 15:00hrs on [Response Deadline] (the “Tender Deadline”). Tenders that are received late WILL NOT be considered in this Competition.
2.6.3 Tenders must be submitted in English.
2.6.4 Subject to paragraph 2.14 and 2.18, each Tenderer is limited to submitting one Tender in its own capacity and one Tender as part of a consortium/group of undertakings under this RFT for each lot.
2.6.5 All Tenders submitted in soft copy must be compiled such that they can be read immediately using PDF readers. The Contacting Authority is not responsible for corruption in electronic documents. Tenderers must ensure electronic documents are not corrupt.
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2.7 Queries and Clarifications2.7.1 All queries or requests for clarification relating to any aspect of this Competition or of this RFT
must be directed to the messaging facility on www.etenders.gov.ie. Queries will be accepted no later than 15:00hrs on [Query Deadline] unless otherwise published by the Contracting Authority. For the avoidance of doubt, Tenderers may not contact the Contracting Authority directly regarding any aspect of this Competition.
2.7.2 All responses to queries will be issued by the Contracting Authority via the messaging facility on www.etenders.gov.ie . Where appropriate, queries may be amalgamated. Tenderers should note that the Contracting Authority will not make responses to individual Tenderers privately.
2.7.3 The Contracting Authority reserves the right to issue or seek written clarifications.
2.7.4 The Contracting Authority reserves the right at any time before the Tender Deadline, to update or amend the information contained in this document and / or to extend the Tender Deadline. Participating Tenderers will be informed of any such amendment or extension though the eTenders website.
2.7.5 Tenderers should ensure that they register their interest in this Competition, by clicking on the “Accept” button on www.etenders.gov.ie , in order to receive all responses to queries and other updates in relation to this Competition.
2.8 Tendering Costs2.8.1 All costs and expenses incurred by Tenderers relating to their participation in this Competition
including, but not being limited to, site visits, field trials, demonstrations and / or presentations shall be borne by and are a matter for discharge by the Tenderers exclusively.
2.9 Confidentiality 2.9.1 All documentation, drawings, data, statistics, information, patterns, samples or material
disclosed or furnished by the Contracting Authority to Tenderers during the course of this Competition:
a) are furnished for the sole purpose of replying to this RFT only;
b) may not be used, communicated, reproduced or published for any other purpose without the prior written permission of the Contracting Authority;
c) shall be treated as confidential by the Tenderer and by any third parties (including subcontractors) engaged or consulted by the Tenderer; and
d) must be returned immediately to the Contracting Authority upon cancellation or com-pletion of this Competition if so requested by the Contracting Authority.
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2.10 Pricing2.10.1 All Tenderers must complete the Pricing Schedule at Appendix 2 to this RFT.
2.10.2 All prices quoted must be all-inclusive (i.e. including but not being limited to shipping, packaging, delivery, ancillary costs and all other costs/expenses), be expressed in Euro only and exclusive of VAT. The VAT rate(s) where applicable should be indicated separately.
2.10.3 Tenderers must confirm that all prices quoted in the Tender will remain valid for sixty (60) days commencing from the Tender Deadline.
2.10.4 Any currency variations occurring over the term of the Services Contract shall be borne by the Tenderer.
2.10.5 Payments for Services provided pursuant to this RFT shall be subject to and made in accordance with the Services Contract at Appendix 6 to this RFT.
2.10.6 Tenderers should note that prices may be increased or decreased only on the first anniversary of the Effective Date of the Services Contract (as defined in the Services Contract) and on subsequent anniversaries of the Effective Date thereafter, and then only by the percentage by which the [Insert Price Index] has increased or decreased in the edition of that index published by the [Insert Index Authority] most recently prior to that anniversary.
2.11 Environmental, Social and Labour Law2.11.1 In the performance of any Services Contract awarded, the successful Tenderers and their
Subcontractors (if any), shall be required to comply with all applicable obligations in the field of environmental, social and labour law that apply at the place where the services are provided, that have been established by EU law, national law, collective agreements or by international, environmental, social and labour law listed in Schedule 7 of the Regulations.
2.11.2 Tenderers shall be required to include an undertaking to comply fully with the provisions of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, business or parts of undertakings or business and as implemented in Irish law by Statutory Instrument S.I No. 131 of 2003, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 and to indemnify the Contracting Authority for any claim arising or loss or costs incurred as a result of its failure or incapacity to fulfil its obligations under the said Directive and Statutory Instrument.
2.11.3 The Protection of Employees (Temporary Agency Work) Act 2012 (the “2012 Act”) provides that an Agency Worker (as defined in the 2012 Act) is entitled to the same basic working and employment conditions as those which apply to employees recruited directly by the Hirer (as defined in the 2012 Act) to do the same or a similar job. Where the provision of the Services will involve the provision to the Contracting Authority of Agency Workers(within the meaning of the 2012 Act), Tenderers should ensure that they consider their obligations under the 2012 Act when pricing their Tender. The Contracting Authority shall have no liability for any increase in salaries that may be payable as a result of the application of the 2012 Act to the provision of the Services.
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2.12 PublicityNo publicity regarding this Competition or any Services Contract pursuant to this Competition is permitted unless and until the Contracting Authority has given its prior written consent to the relevant communication.
2.13 Registrable Interest Any Registrable Interest involving the Tenderer or Subcontractor and the Contracting Authority, members of the Government, members of the Oireachtas, or employees and officers of the Contracting Authority and their relatives must be fully disclosed in the Tender or, in the event of this information only coming to the notice of the Tenderer or Subcontractor after the submission of a Tender, must be communicated to the Contracting Authority immediately upon such information becoming known to the Tenderer or Subcontractor.
The terms ‘Registrable Interest’ and ‘Relative’ shall be interpreted as per Section 2 of the Ethics in Public Office Act 1995 and 2001, copies of which are available at www.irishstatutebook.gov.ie. The Contracting Authority will, at its absolute discretion, decide on the appropriate course of action, which may in appropriate circumstances include eliminating a Tenderer from this competition or terminating any Services Contract entered into by a Tenderer.
2.14 Anti-Competitive ConductTenderers attention is drawn to the Competition Act 2002 (as amended, the “2002 Act”). The 2002 Act makes it a criminal offence for Tenderers to collude on prices or terms in a public procurement competition.
2.15 Industry Terms Used in this RFTWhere reference is made to a particular item, source, process, trademark, or type in this RFT then all such references are to be given the meaning generally understood in the relevant industry and operational environment.
2.16 Freedom of Information2.16.1 Tenderers should be aware that, under the Freedom of Information Act 2014 and the
European Communities (Access to Information on the Environment) Regulations 2007 to 2017, information provided by them during this Competition may be liable to be disclosed.
2.16.2 Tenderers are asked to consider if any of the information supplied by them in their Tender should not be disclosed because of its confidentiality or commercial sensitivity. If Tenderers consider that certain information is not to be disclosed because of its confidentiality or commercial sensitivity, Tenderers must, when providing such information, clearly identify the specific sections of their Tender containing such information and specify the reasons for its confidentiality or commercial sensitivity. For the avoidance of doubt Tenderers may not assert confidentiality or commercial sensitivity over the entire Tender but must clearly identify the specific section containing such information. If Tenderers do not identify information as confidential or commercially sensitive, it is liable to be released in response to a request under the above legislation without further notice to or consultation with the Tenderer. The Contracting Authority will, where possible, consult with Tenderers about confidential or commercially sensitive information so identified before making a decision on a request received. The Contracting Authority accepts no liability whatsoever in respect of any information provided which is subsequently released (irrespective of notification) or in respect of any consequential damage suffered as a result of such obligations
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2.17 Tax Clearance2.17.1 It will be a condition of any Services Contract pursuant to this Competition that the successful
Tenderer(s) shall for the term of any such contract(s), comply with all EU and domestic tax laws. Tenderers are referred to www.revenue.ie for further information. Prior to the award of any Services Contract arising out of this Competition the successful Tenderer shall be required to supply its Tax Clearance Access Number and Tax Reference Number to facilitate online verification of their tax status by the Contracting Authority. By supplying these numbers the successful Tenderer acknowledges and agrees that the Contracting Authority has the permission of the successful Tenderer to verify its tax cleared position online.
2.18 Conflicts of InterestAny conflict of interest or potential conflict of interest on the part of a Tenderer, Subcontractor or individual employee(s), agent(s), of a Tenderer or Subcontractor(s) must be fully disclosed to the Contracting Authority as soon as the conflict or potential conflict is or becomes apparent. In the event of any actual conflict or potential conflict of interest, the Contracting Authority may invite Tenderers to propose means by which the conflict of interest might be removed. The Contracting Authority will, at its absolute discretion, decide on the appropriate course of action, which may in appropriate circumstances include eliminating a Tenderer from this Competition or terminating any Services Contract entered into by a Tenderer.
2.19 Withdrawal from this CompetitionTenderers are required to notify the Contracting Authority immediately via the e-tenders website, if at any stage they decide to withdraw from this Competition.
2.20 Site Visit2.20.1 The Contracting Authority will not be facilitating or permitting an inspection of the Contracting
Authority’s premises for this Competition.
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2.21 Insurance 2.21.1 The successful Tenderer shall be required to hold for the term of the Goods Contract the
following insurances:
Type of Insurance Indemnity Limit
Employer’s Liability €0
Public Liability €0
Professional Indemnity €0
2.21.2 By signing the Tenderer’s Statement at Appendix 3, Tenderers confirm, that if awarded a Services Contract under this Competition, (i) they will, from the Effective Date of the Services Contract (as defined in the Services Contract), obtain and hold the types and levels of insurance as specified at paragraph 2.21.1. (ii) the territorial limits and jurisdiction of its insurance policies include the Republic of Ireland and (iii) they are not aware of any exclusions, restrictions, conditions or warranties or, in the case of policies with an aggregate limit of indemnity, any outstanding claims, which could have a material adverse impact on the level of coverage specified above. A formal confirmation from the Tenderer's insurance company or broker to this effect will be requested from the successful Tenderer(s) prior to the award of (and shall be a condition of) any Services Contract.
2.21.3 The successful Tenderer will, during the term of the Services Contract, be required to:
a) immediately advise the Contracting Authority of any material change to its insured status;
b) produce proof of current premiums paid upon request;c) produce valid certificates of insurance upon request.
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Part 3: Qualification and Award Criteria3.1 Compliant Tenders3.1 Only those Tenderers who have:
a) Submitted compliant Tenders pursuant to paragraph 2.2 above; andb) Declared by way of ESPD that either
a. no mandatory grounds for Exclusion of the Tenderer pursuant to Regulation 57 of the Regulations apply to them, or
b. in circumstances where any mandatory exclusion grounds apply to the Tenderer (and where the Tenderer is not precluded from doing so under Regulation 57(17) of the Regulations), that it can provide evidence to the effect that measures taken by it are sufficient to demonstrate its reliability despite the existence of any such relevant exclusion ground, and
c) Declared by way of ESPD that they satisfy the selection criteria for each Lot applied for in this Competition as set out in part 3.2 below (the “Selection Criteria”),
will be evaluated in accordance with the Award Criteria at part 3.3 below.
However, please note that the Contracting Authority also reserves the right to exclude from evaluation a Tenderer to whom a discretionary ground for exclusion pursuant to Regulation 57 of the Regulations applies.
Tenderers should note that where a Tenderer is relying on the capacity of other entities (for example, Subcontractors) for the purposes of fulfilling any of the Selection Criteria in part 3.2 below it must ensure the each such entity:
i completes and submits a separate ESPD in respect of each such entity;
and
ii when requested by the Contracting Authority, submit proof, to the satisfaction of the Contracting Authority, that each such entity will place the necessary resources at the disposal of the Tenderer.
Where a Tenderer (Prime Contractor) intends to subcontract any share of any Services Contract to a Subcontractor, but is not relying on the capacity of such Subcontractor for the purposes of fulfilling any of the Selection Criteria in part 3.2 below, it must ensure that each Subcontractor submits a separate ESPD in respect of such Subcontractor completing those sections of the ESPD which are specified in section 2.D of the ESPD for this Competition.
The Contracting Authority may decide to examine Tenders before verifying the absence of exclusion grounds in Regulation 57 of Regulations (the “Exclusion Grounds”) and the fulfilment of the Selection Criteria.
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However, notwithstanding anything to the contrary in this part 3.1, the Contracting Authority reserves the right to ask Tenderers at any moment during the Competition to submit any or all of the following for the purposes of verification of the status of the Tenderer (including the Prime Contractor and any Subcontractor).
i a Declaration in the form attached at Appendix 5;ii evidence to the effect that measure taken by the entity concerned are
sufficient to demonstrate its reliability despite the existence of a relevant Exclusion Ground; and
iii in the case of the Prime Contractor and any Subcontractor on whose capacity the Prime Contractor relies, all or any of the supporting documents specified at paragraph 3.2 below.
If a Tenderer does not, upon request by the Contracting Authority, provide evidence which is considered by the Contracting Authority as sufficient to demonstrate (i) its fulfilment of the Selection Criteria (or any one of them) in accordance with this RFT and (ii) the absence of Exclusion Grounds, or its reliability despite the existence of a relevant Exclusion Ground, it shall be excluded from further participation in this Competition.
If a Tenderer does not, upon request by the Contracting Authority, provide evidence which is considered by the Contracting Authority as sufficient to demonstrate (i) the fulfilment by any Subcontractor on whose capacity the Prime Contractor relies of the Selection Criteria (or any one of them) in accordance with this RFT and (ii) the absence of Exclusion Grounds in respect of any Subcontractor, or the reliability of any Subcontractor despite the existence of a relevant Exclusion Ground, it shall be excluded from further participation in this Competition unless it replaces the Subcontractor with one which meets all relevant requirements of this RFT.
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3.2 Selection Criteria3.2 Tenderers will either pass OR fail each of the Selection Criteria in this part 3.2. A Tenderer
who fails a selection criterion will be excluded from participating in this Competition.
3.2.A Economic and Financial Standing
Tenderers must declare by way of ESPD that they satisfy the financial and economic standing requirement(s) set out below in respect of each Lot tendered for and that they are able, upon request and without delay, to provide the supporting documentation specified below to the Contracting Authority in each case.
Tenderers must demonstrate that they meet the following by providing the following when requested by the Contracting Authority:
a) Balance sheets (where publication is required under the law of the country in which the Tenderer is established) showing a turnover of not less than €000,000 for each of the last three financial years; and;
b) A statement of the Tenderers overall turnover showing the minimum value of not less than €000,000 for each of the last three financial years.
Tenderers must provide the supporting documentation specified above without delay when requested by the Contracting Authority. However, where the Tenderer is unable, for a valid reason, to provide the specified documentation, the Tenderer must inform the Contracting Authority of the valid reason why the documentation cannot be supplied and, if the Contracting Authority considers the reason given to be valid, provide such other suitable alternative documentation to prove, to the satisfaction of the Contracting Authority, their economic and financial capacity.
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3.2.B Technical and Professional Ability
Tenderers must declare by way of ESPD that they satisfy the technical and professional requirement (s) set out below in respect of each Lot tendered for and that they are able, upon request and without delay, to provide the supporting documentation specified below to the Contracting Authority in each case.
Tenderers must demonstrate that they have experience in providing high quality services and Services of a similar nature as those that are sought herein. Tenderers must include with their Tenders:
a) a list of the principal contracts (in particular similar work) undertaken in the last three (3) years, with an indication of the scale of the contract, dates and recipients (public or private) of the service provided and
b) three (3) satisfactory references (including contact name and details). The Contracting Authority may contact any or all referees without prior notice being given to the Tenderer.
c) Tenderers should note that economic operators relying on the capacity of other entities must submit an undertaking duly evidenced with their Tender from those entities that they will place the necessary resources at the disposal of the Tenderer.
d) [Insert additional technical and / or professional requirements and details of proofs and documents required as evidence]
Tenderers must provide the supporting documentation specified above without delay when requested by the Contracting Authority. Award Criteria
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3.3 Award Criteria
3.3.1 The Services Contract will be awarded on the basis of the most economically advantageous tender(s) as identified in accordance with the following criteria
Award Criteria Sub-Criteria Marks Available Minimum Marks Required
Ultimate Cost Fully Inclusive Price 400 N/A
Service Delivery
General Methodology 200 50%(100 marks)
Technical / Resources 50 50%(25 marks)
Response Times 100 50%(50 marks)
Human Resources Staff Allocated 100 50%(50 marks)
Quality Quality Assurance 100 50%(25 marks)
Reporting & Invoicing 50 50%(25 marks)
TOTAL 1000
3.3.2 Evaluation of Award CriteriaA 5-mark system will be used. A mark will be awarded to each criterion from 0 to 5. This mark, or multiplier, will be used to calculate the score to be awarded.
Criteria Multiplier
Excellent: Response, meets all requirements with significant added value 5
Very Good: Response, meets all requirements with some additional value 4
Good: Response, meets all requirements 3
Poor: Response, lack of detail, does not meet requirements 2
No Response: No response or supporting evidence provided 1
Example:
For example, if a score of 300 is available, the base score is 60 (300/5). If the Tenderer is marked 5 (excellent), a score of 300 marks will be awarded (60 x 5). If the Tenderer is marked 2 (fair), a score of 120 marks will be awarded (60 x 2).
A minimum score of 3 (Good) is required to pass each criterion. Please note sub-criteria are equally weighted.
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3.3.3 Ultimate CostThe Contracting Authority gives no warranty that the outlined indicative volumes will be met or exceeded in any given period and are to be used as an evaluation tool in order to determine the ultimate cost of the Contract.
Methodology for awarding marks for Ultimate for Pricing Schedule AThe Tenderer whose Ultimate Cost for Pricing Schedule A is the lowest shall be awarded the maximum marks available for Pricing Schedule A, all other Tenders shall be marked relative to the lowest Ultimate Cost for Pricing Schedule A using the following formula:
(The lowest Ultimate Cost tendered for Pricing Schedule A) * (Maximum mark available for Pricing Schedule A)
Ultimate Cost of Tender being evaluated for Pricing Schedule A
3.3.4 Subject to parts 2.1 (Importance Notices) and 3.5 (Standstill Period) of this RFT, award of the Services Contract to the highest ranked Tenderer (as determined by paragraph 3.3.1 will be conditional upon:
a) the Tenderer submitting the following evidence in respect of the Tenderer (including the Prime Contractor and any Subcontractors, as applicable in accordance with part 3.1 above) to the extent not already provided, within seven (7) days of request by the Contracting Authority: (i) a Declaration in the form attached at the Appendix 5; (ii) if applicable, evidence to the effect that measures taken by the entity concerned are sufficient to demonstrate its reliability despite the existence of a relevant Exclusion Ground; (iii) all or any of the supporting documents specified at part 3.2; and
the evidence specified at paragraph 3.3.2(a) above demonstrating that each entity concerned meets the Selection Criteria and the compliance requirements specified at paragraph 3.1 (b) and (c) above.
3.4 Presentation of ProposalsTenderers may be required to make a presentation of the proposal contained in their Tender. The Contracting Authority will not be responsible for the cost of such presentations (in accordance with paragraph 2.8). Performance at presentations will NOT be evaluated.
3.5. Standstill Period 3.5.1 In circumstances where the European Communities (Public Authorities’ Contracts) (Review
Procedures) Regulations 2010 (Statutory Instrument 130 of 2010), as amended by the P a g e 81 | 161
European Communities (Public Authorities’ Contracts) (Review Procedures) (Amendment) Regulations 2015 (Statutory Instrument 192 of 2015) apply, no contract can or will be executed or take effect until at least fourteen (14) calendar days after the day on which the Tenderers have been sent a notice informing them of the result of this Competition (the “Standstill Period”) if such notice is sent by electronic means. The Standstill Period shall be sixteen (16) calendar days if such notice is sent by other means. The preferred bidder will be notified of the decision of the Contracting Authority and of the expiry date of the Standstill Period.
3.5.2 Tenderers should note that the Contracting Authority may, when notifying Tenderers of the results of this Competition, include the scores obtained by the Tenderer concerned and the scores obtained by the preferred bidder in respect of each award criterion assessed by the Contracting Authority.
3.6 Return of Signed Contracts3.6.1 The successful Tenderer must sign and return the Services Contract and the Confidentiality
Agreement, both in duplicate, to the Contracting Authority no later than fourteen (14) calendar days from the date of expiry of the Standstill Period unless notified otherwise in writing by the Contracting Authority. A signed Services Contract returned by the successful Tenderer is not binding on the Contracting Authority until the Contracting Authority has signed the Services Contract in accordance with paragraph 2.1.2 above.
3.6.2 Where the signed Services Contract and the Confidentiality Agreement has not been received by the Contracting Authority within the period as specified at paragraph 3.6.1 then the Contracting Authority may proceed to award the Services Contract to the next highest-rank Tenderer in accordance with paragraph 3.6.1 above.
Appendix 1: Part A - Requirements and SpecificationsTenderers must address each of the issues and requirements in this part of the RFT and submit a detailed description in each case which demonstrate how these issues and requirements will be dealt with / met and their approach to the proposed delivery of the
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Services. A mere affirmative statement by the Tenderer that it can / will do so or a reiteration of the tender requirements is NOT sufficient in this regard.
Pobal is an intermediary that works on behalf of the Irish Government and the EU to support communities and local agencies toward achieving social inclusion, reconciliation and equality. It is a not-for-profit company with charitable status, employing approximately 350people across 11 offices in Ireland. Pobal currently manages 24 programmes, allocating approximately €428m to beneficiaries.
Pobal’s core activities are to:
Provide support to communities to enhance their capacity to identify and respond to needs; Evaluate strategies and appraise proposals using transparent criteria and procedures; Make recommendations and allocate funding following appraisal and evaluation; Assist and support the implementation of approved proposals and strategies; Develop appropriate proofing mechanisms, support their introduction and monitor their
implementation; Add value at local level through actively encouraging strategic co-ordination among relevant
stakeholders and between programmes that Pobal manages; Manage Government funds in a transparent and prudent manner Provide guidance and support on organisational management and governance; Conduct independent audits of beneficiaries based on risk analysis; Monitor expenditure and performance in achieve agreed targets and outcomes; Undertake and support the analysis and exchange of experience, leading to the identification
and dissemination of good practice; and Information and influence policy development at local, regional and national levels.
Further information on Pobal can be found on the website at www.pobal.ie
Insert here full details of the requirements and specifications (including any sector specific or operational requirements of the goods required.
When finished, delete these instructions and click in appendix 2 to continue.
Appendix 2: Pricing SchedulePlease complete the Pricing Schedule below which is applicable for all Services as outlined in this RFT. Each and every pricing requirement listed below, must be completed with a value and not a range in the space provided. Failure to do so will result in elimination from this Competition. Prices
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inserted on the attached Pricing Schedule will give an Ultimate Cost which will be used as part of the Award Criteria as outlined in this RFT.
ITEM QUANTITY PRICEExcl. VAT VAT Rate
Category Title
Item 1 1 €0.00 %
Item 2 1 €0.00 %
Item 3 1 €0.00 %
Item 4 1 €0.00 %
Item 5 1 €0.00 %
Delivery Charges
Holbrook House 1 €0.00 %
Warranty
Additional Warranty Period 1 €0.00 %
ENDS
ALL VALUES IN EURO
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Appendix 3: Tenderers’ Statement[Tenderers shall complete and return the following form of Tenderers’ Statement printed on the Tenderers’ headed notepaper and signed by the Tenderer.]
TENDERERS’ STATEMENT
TO: Pobal (the “Contracting Authority”)
RE: Request for Tenders for the Provision of [RFT Title]
Having examined your Request for Tenders (the “RFT”) including the Instructions to Tenderers, the Selection and Award Criteria, the Requirements and Specifications, and the Terms and Conditions of the Services Contract, we hereby agree and declare the following:
1. We understand the nature and extent of the Services required to be delivered as described in Requirements and Specifications at Appendix 1 to the RFT.
2. We accept all of the Terms and Conditions of the RFT, the Services Contract and the Confidentiality Agreement and agree if awarded a Services Contract to execute the Services Contract in Appendix 6 to the RFT and the Confidentiality Agreement at Appendix 7 to the RFT.
3. We accept all the Selection and Award Criteria as set out in Part 3 of the RFT.
4. We agree to supply the Contracting Authority with the Services in accordance with the RFT and our Tender.
5. We agree that, if awarded any Services Contract we shall, in the performance of such contract, comply with all applicable obligations in the field of environmental, social and labour law.
6. We confirm that we have complied with all requirements as set out at Part 2 of the RFT.
7. We confirm that all prices quoted in our Tender will remain valid for the period of time commencing from the Tender Deadline, specified at paragraph 2.10.3 of the RFT.
8. We shall, if awarded any Services Contract under the RFT, have in place on the Effective Date of the Services Contract all insurances (if any) as required by paragraph 2.21.1 of the RFT.
9. We confirm that all Data Subjects whose Personal Data is provided in our Tender have consented to the processing of such Personal Data by us, the Contracting Authority, the Evaluation Team and the supplier of the etenders.gov.ie website, for the purposes of our participation in this Competition or that we otherwise have a legal basis for providing such Personal Data to the Contracting Authority for the purposes of our participation in this
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Competition and that we will provide evidence of such consent and / or legal basis to the Contracting Authority upon request.
SIGNED COMPANY
(Authorised Signatory)
PRINT NAME Address
Date
Appendix 4: European Single Procurement Document (ESPD)Please see attached document titled Appendix 4: European Single Procurement Document (ESPD) attached to this notice.
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Appendix 5: Declaration as to Personal Circumstances of TendererRe: Request for Tenders for the Provision of [RFT Title]
NAME OF TENDERER: _______________________________
ADDRESS: __________________________________________
I, [Insert Name of Declarant], having been duly authorised by [Insert Name of Entity] sincerely declare that [Insert Name of Entity] itself or any person who has is a member of the administrative, management or supervisory body of [Insert Name of Entity] or has powers of representation, decision or control in [Insert Name of Entity];
(a) Has never been the subject of a conviction for participation in a criminal organisation, as defined in Article 2 of the Council Framework Decision 2008/841/JHA.
(b) Has never been the subject of a conviction for corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and Article 2(1) of Council Framework Decision 2003/568/JHA as well as corruption as defined in the national law of the Contracting Authority or [Insert Name of Entity].
(c) Has never been the subject of a conviction for fraud within the meaning of Article 1 of the Convention on the protection of the European Communities’ financial interests.
(d) Has never been the subject of a conviction for terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA respectively, or for inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.
(e) Has never been the subject of a conviction for money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council.
(f) Has never been the subject of a conviction for child labour and other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council.
(g) Is not in breach and has not breached its obligations relating to the payment of taxes or social security contributions.
(h) Has, in the performance of all public contracts, complied with applicable obligations in the field of environmental, social and labour law that apply at the place where the works are carried out or the services provided, that have been established by EU law, national law, collective agreements or by international, environmental, social and labour law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016).
(i) Is not bankrupt or the subject of insolvency or winding-up proceedings, its assets are not being administered by a liquidator or by the court, it is not in an arrangement with creditors, its
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business activities are not suspended nor is it in any analogous situation arising from a similar procedure under national laws and regulations.
(j) Is not guilty of grave professional misconduct.
(k) Has not entered into agreements with other economic operators aimed at distorting competition.
(l) Is not aware of any conflict of interest due to its participation in the Competition.
(m) Has not had any prior involvement in the preparation of the Competition.
(n) Has not shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions.
(o) Is not guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the Selection Criteria for this Competition and did not withhold such information and did not fail or is not able to submit supporting documents in respect of this Competition as required under Regulation 59 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016)..
(p) Has not undertaken to unduly influence the decision-making process of the Contracting Authority in respect of the Competition, or obtain confidential information that may confer upon it undue advantages in respect of the Competition; or negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.
I understand and acknowledge that the provision of inaccurate or misleading information in this declaration may lead to my business / firm / company / partnership being excluded from participation in this or future tenders, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938. This declaration is made for the benefit of the Contracting Authority.
Signature of Declarant Name of Declarant in print or block capitals
Declared before me by _________________________________________ who is personally known to me (or who is identified to me by ____________________________________who is personally known to me) at __________________________________ this ___________ day of _______________ 20__
________________________________
(signed)Practising Solicitor/Commissioner for Oaths
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Appendix 7 - Evaluation – Final Table – TemplateAppendix D - Evaluation Report - Final Scores 1 2 3 4 Company Name Company Name Company Name Company Name
Item / Service Description Est No. / Qty Per Schedule Total
Item / Service 1 3 €1.00 €3.00 €2.00 €6.00 €3.00 €9.00 €4.00 €12.00Item / Service 2 0 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00Item / Service 3 0 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00Item / Service 4 0 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00Item / Service 5 0 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00 €0.00
No of Yrs Total Cost of Contract €3.00 €6.00 €9.00 €12.001
Award Criteria Max Marks
Ultimate Cost 600 600 300 200 150(Cost will be evaluated on the estimated overall total)
Support - Warranty Period 100 0 0 0 0Support - Parts & Labour 25 0 0 0 0Support - Additional Support 50 0 0 0 0Quality - As per ITT 150 0 0 0 0Delivery - As Per ITT 50 0 0 0 0Delivery - Order Lead in Times 25 0 0 0 0
Overall Marks Received 1000 600.00 300.00 200.00 150.00
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Appendix 8 - Evaluation Template – Individual Scoring SheetAppendix C - Evaluation Report - Individual Supplier Score
[INSERT COMPANY NAME] Representative of Company who Submitted Tender
Position Held
Business Address
Contact Details Phone Fax E-Mail
Name of Person with Overall Responsibility for Contract
Third Parties
Pre-Qualification NotesCompleteness of Documentation as per ITT
Personal Circumstances of Tenderer
Qualification Criteria NotesA. Economic and Financial Standing B. Technical and Professional Ability
Similar Principal Contracts (Last 3 Years)
Company Name 1
Company Name 2 Company Name 3
Similar Principal Contracts (References)
Name, Position, Company Name, Position, Company Name, Position, Company
Award Criteria Notes
Support
Warranty Period 0 Please Evaluate: Parts and Labour 0 Please Evaluate: Additional Support / Warranty 0 Please Evaluate: QualityQuality as Per ITT 0 Please Evaluate: Delivery
Delivery as Per ITT 0 Please Evaluate:
Delivery Lead in Times 0 Please Evaluate:
Appendix 9 - Evaluation – Tender Report
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The purpose of this report is to set out and detail the process used to evaluate responses received as a result of the advertisement notice for the tender [TENDER TITLE]
The table below (Figure 1) summarises the key phases and milestones within the procurement process:
Figure 1Stage Date
ITT Published 00/00/2016
Clarifications Issued (If Any) 00/00/2016
Closing Date for Receipt of Responses 00/00/2016
Responses to ITT Opened 00/00/2016
Additional Information / Clarification Request Issued Tenderer 00/00/2016
Evaluation of Tender Responses Completed 00/00/2016
In addition in the table (Figure 2) below the published award criteria was as follows:
Figure 2Award Criteria Marks Available
XX XX
XX XX
XX XX
XX XX
Total Marks XX
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Tender Opening
A total of [INSERT NUMBER] responses were received in response to this competition. The companies who responded are detailed below in Figure 3.
The tenders were opened based on the Register of Tenders received as outlined in Appendix A – Register of Tenders. Each tender envelope was given a sequential number by Pobal upon the receipt of each submission. Following verification that all envelopes were still sealed each tender envelope was opened with the time, date and initials by two members of the Evaluation Committee. The members and the times of the tenders being opened are detailed in Appendix A – Register of Tenders.
Figure 3Companies That Submitted Responses
1. 6.
2. 7.
3. 8.
4. 9.
5. 10.
Evaluation Committee & Observers
On the [EVALUTATION DATE] the evaluation committee met for the first time and discussed the approach to the evaluation of the competition. All members of the Evaluation Committee as listed below in Figure 4 signed Declarations of Impartiality and Confidentially. These declarations are attached to this report in Appendix B – Declarations of Impartiality and Confidentiality of this report. The committee consisted of the following:
Figure 4Name Role
[INSERT NAME 1] Chairperson
[INSERT NAME 2] Member
[INSERT NAME 3] Member
[INSERT NAME 4] Specialist
[INSERT NAME 5] Advisor
The evaluation of tenders was carried out in four phases as follows:
Stage one - Pre- QualificationEach tender response was reviewed to determine if the tender met the Pre-Qualification requirements. These related to the tender response being submitted on time, completeness of the response as specified in the published competition. [INSERT NUMBER] of the tenders submitted met the pre qualifications criteria and went through to the qualification criteria.
Stage Two – Qualification CriteriaEach tender response was reviewed by reference to the Qualification Criteria including Economic and Financial Standing, Technical and Professional Ability and experience in providing similar services or goods. [INSERT NUMBER] of the remaining tenders submitted met the requirements of the qualification criteria and went through to the evaluation of award stage.
Stage Three – Award CriteriaThe evaluation committee then reviewed each of the tender responses and scored each response under the criteria set out in the advertised notice, which was sub divided into different headings as set out in the score sheets and table attached. Each tender response was allocated a score as set out in the table below.
Score Rationale
5 Excellent response, meets all requirements with significant added value
4 Very good response, meets all requirements with some additional value
3 Good response, meets all requirements
2 Poor response, lack of detail, does not meet requirements
1 No response or supporting evidence provided
Stage Four – CostCost was evaluated and all scores were weighted back to the criteria and the pre-defined mathematical formula as set out in the published document.
Considerations
At the meeting on the [EVALUATION DATE] each tender was reviewed individually. The responses were then discussed in detail by the evaluation committee and a score was agreed for each of the criteria except cost. These scores are set out on the individual score sheet for each company and comments given in the attached Appendix C – Evaluation Report Individual Scores. The scores from the individual score sheets were then weighted back to the marks for each of the criteria as set out in the published document.
The cost was then evaluated on the overall cost of the contract for a period of [CONTRACT DURATION] by mathematical formula which is lowest annual cost * max marks / annual cost for each of the tenderers who responded. Appendix D - Evaluation Report Final Scores sets out all the costs and calculations in this respect. These results were then amalgamated with the scores from the other criteria and set out in the evaluation table and final scores as allocated by the evaluation committee and set out in Appendix D.
As outlined from the results of scoring in Appendix D it is deemed that [INSERT WINNING COMPANY] has received the highest overall marks. The key indicator for [INSERT WINNING COMPANY] having received the highest overall marks in relation to the other tender responses submitted was due to cost. [and insert other reasons if apparent OR delete this red text].
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Final Recommendation
It is the final recommendation of this Evaluation Committee that the proposal submitted by [INSERT WINNING COMPANY] represents the most economically advantageous tender for Pobal.
Signatures of Evaluation CommitteeName Signature Date
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Appendix A – Register of TendersNo Company Received
By # Packages Date / Time Received
Date Opened
Time Opened
Pages Initialled Opened By
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Appendix B – Declarations of Impartiality
Tender Title: [TENDER TITLE]
I, the undersigned, hereby declare that I agree to participate in the evaluation of the above-mentioned procedure. By making this declaration, I confirm that I have familiarised myself with the information available to date concerning this procedure. I further declare that I shall execute my responsibilities honestly and fairly.
I am independent3 of all parties which stand to gain from the outcome of the evaluation process4. To the best of my knowledge and belief, there are no facts or circumstances, past or present, or that could arise in the foreseeable future, which might call into question my independence in the eyes of any party; and, should it become apparent during the course of the evaluation process that such a relationship exists or has been established, I will immediately cease to participate in the evaluation process.
I agree to hold in trust and confidence any information or documents ("confidential information") disclosed to me or discovered by me or prepared by me in the course of or as a result of the evaluation and agree that it shall be used only for the purposes of this evaluation and shall not be disclosed to any third party. I also agree not to retain copies of any written information or prototypes supplied.
Confidential information shall not be disclosed to any employee or expert unless they agree to execute and be bound by the terms of this Declaration.
Signed:
Date:
Name: [Insert Name]
Position: [Insert Position]
Organisation: Pobal
3 Taking into consideration whether there exists any past or present relationship, direct or indirect, whether financial, professional or of another kind4 i.e., all tenderers who are participating in the procedure, whether individuals or members of a consortium, or any of the partners or subcontractors proposed by them
Appendix 10 - Contract – Goods / Services under €25,000
THIS CONTRACT SHOULD NOT BE USED FOR PURCHASES THAT HAVE BEEN ADVERTISED ON THE ETENDERS WEBSITE OR EU JOURNAL
PLEASE CONTACT [email protected] FOR CORRECT TEMPLATE
THIS AGREEMENT IS MADE BETWEEN Pobal, of Holbrook House, Holles Street, Dublin 2, D02 EY84 (“the Client”)
and
[Supplier Legal Name], of [Supplier Address] (“the Contractor”)
(each a “Party” and together “the Parties”)
WHEREAS:A. The Client invited a response from the Contractor (“the Request”) for the provision of
Deliverables described in Schedule B. The Contractor submitted a response to the Request dated [Submission Date] (“the Submission”).
IT IS HEREBY AGREED AS FOLLOWS:1. This Agreement consists of the following documents, and in the case of conflict of words in
the following order of priority (i) the Agreement and Schedules A to E attached hereto; (ii) the Request and (iii) the Submission.
2. The Contractor shall sell and the Client shall purchase in accordance with this Agreement (“Agreement”) the Deliverables described in Schedule B (“Deliverables”). Schedule B details the nature, quantity, quality, time of delivery and functional specifications of the Deliverables in accordance with the Request for Proposal (the “RFP”) and the Submission (“the Specification”).
3. This Agreement shall take effect on the date of this Agreement (“the Effective Date”) and shall expire on [Expiry Date] or until all Deliverables are delivered, unless it is otherwise terminated in accordance with the provisions of this Agreement or otherwise lawfully terminated or otherwise lawfully extended as agreed between the Parties (“the Term”). The Client reserves the right to extend the Term for a period or periods of up to [0] months with a maximum of one (1) such extensions permitted subject to its obligations at law.
4. Subject to the terms and conditions of this Agreement, the Client agrees to pay to the Contractor the charges as stipulated in Schedule C (“the Charges”). The Charges are exclusive of VAT which shall be due at the rate applicable on the date of the VAT invoice.
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SIGNED for and on behalf of Pobal (the Contracting Authority)
____________________________________(being a duly authorised officer)
SIGNED for and on behalf of the Contractor
____________________________________
___________________________________Dated
____________________________________Dated
____________________________________Witness
____________________________________Witness
Schedule A: Terms and Conditions1. Contractor’s ObligationsA. The Contractor undertakes to act with due care, skill and diligence in the supply of the
Deliverables and generally in the carrying out of its obligations under this Agreement and in the appointment, monitoring and retention of its agents and Subcontractors. The Contractor
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shall require its agents and Subcontractors to exercise due care, skill and diligence in the supply of the Deliverables and generally in the carrying out of obligations allocated by the Contractor to its agents and Subcontractors under this Agreement.
B. The Contractor is deemed to be the prime contractor under this Agreement and the Contractor assumes full responsibility for the discharge or all obligations under this Agreement and shall assume all the duties, responsibilities and obligations associated with the position of prime contractor. The Contractor as prime contractor under the Submission hereby assumes liability for its Subcontractors and shall ensure that its Subcontractors shall comply in all respects with the relevant terms of this Agreement, including but not limited to clause 1B(4) above, to the extent that it or they are retained by the Contractor. Subject to clause 15, the Contractor shall notify the Client as soon as possible of any charges to the name, contact details and legal representatives of its Subcontractors.
C. Without prejudice to clause 1B, where the Client becomes aware that any of the exclusion grounds set out in Regulation 57 of the Regulations apply to any Subcontractor, the Client reserves the right to require the Contractor to immediately replace such Subcontractor and the Contractor shall comply with such requirement. The Contractor shall include in every sub-contract a right for the Contractor to terminate the sub-contract where any of the exclusion grounds apply to the Subcontractor and a requirement that the Subcontractor, in turn, includes a provision having the same effect in any sub-contract which it awards.
D. During this Agreement the Contractor shall be an independent contractor and not the employee of the Client. Neither Party shall have any authority to bind or commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership, and/or fiduciary or other relationship between the Parties for any purpose. The officers, employees or agents of the Contractor are not and shall not hold themselves out to be (and shall not be held out by the Contractor as being) servants or agents of the Client for any purposes whatsoever.
2. DeliverablesA. The Contractor shall provide Deliverables at the time(s), to the location(s) and on the date(s)
specified in the Specification or otherwise agreed in writing between the Parties. Any extension of the delivery time shall not constitute a general waiver or acquiescence on the part of the Client. All such Deliverables shall be delivered free of encumbrances or retention of title clauses or similar provision.
B. Any Contractor pre-printed terms and conditions produced, signed or stamped by either Party and for whatever purpose during this Term are hereby disallowed.
C. The Contractor undertakes and acknowledges that is it responsible for ensure that all key personnel as specified in the Submission (“Key Personnel”, assigned by it to provide the Deliverables shall be available for the terms of this Agreement. In the event that any of the Key Personnel assigned by the Contactor to provide the Services under this Agreement becomes unable to provide the Deliverables, the Contractor undertakes that it shall replace that person with a person of equivalent experience & expertise. The Client shall have absolute discretion as to the suitability of any proposed alternative Key Personnel.
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3. PaymentA. Subject to the provisions of this clause 3 the Client shall pay and discharge the Charges (plus
any applicable VAT), in the manner specified at Schedule C. Invoicing arrangements shall be on such terms as may be agreed between the Parties.
B. Discharge of the Charges is subject to:I. Compliance by the Contractor with the provisions of this Agreement including but not
limited to any milestones, compliance schedules and / or operational protocols in place pursuant to clause 11A from time to time;
II. The Contractor shall comply with all EU and domestic taxation law and requirements.III. The Client being in possession of the details of the Contractor’s Tax Reference
Number (TRN) and Tax Clearance Access Number (TCAN);IV. The European Communities (Late Payment in Commercial Transactions)
Regulations, 2012 shall apply to all payments. Incorrect invoices will be returned for correction with the consequential effects on the due date of payment;
V. The furnishing by the Contractor of a valid invoice and such supporting documentation as may be required by the Client from time to time. Any Contractor pre-printed terms and conditions are hereby disallowed;
VI. Invoices being submitted to [email protected]. All and any queries relating to the invoice and/or the Deliverables for any billing period (including whether or not Deliverables have been accepted, rejected, satisfactorily repair or replaced as the case may be) must be raised by the Client within 14 calendar days of receipt of invoice. In circumstances where no queries are raised with the 14-day period the invoice shall be deemed accepted. Upon resolution of any queries on the invoice to the satisfaction of the Client or upon such deemed acceptance the invoice shall be payable by the Client.
C. The Charges shall be discharged as provided for in this clause subject to the retention by the Client in accordance with clause 523 of the Taxes Consolidation Act, 1997 of any Professional Services Withholding Tax payable to the Contractor. Any and all taxes applicable to the provision of the Deliverables will be the sole responsibility of the Contractor and the Contractor so acknowledges and confirms.
4. Warranties, Confirmation and UndertakingsA. The Contractor undertakes to ensure that all any necessary consents and / or licenses are
obtained and in place for the purposes of this Agreement. The Contractor hereby indemnifies the Client and shall keep and hold the Client harmless from and in respect of all and any liability loss damages claims costs or expenses which arise by reason of any breach of third party intellectual property rights in so far as any such rights are used for the purposes of this Agreement.
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B. The Contractor undertakes to notify the Client forthwith of any material change to the status of the Contractor with regard to the warranties, acknowledgements, representations and undertakings as set out in clause 6A and to comply with all reasonable directions of the Client with regard thereto which may include termination of this Agreement.
5. RemediesA. The Contractor shall be liable for and shall indemnify the Client for and in respect of all and
any losses, claims, demands, damages or expenses which the Client may suffer due to and arising directly as a result of the negligence, act or omission, breach of contract, breach of duty, insolvency, recklessness, bad faith, wilful default or fraud of the Contractor, its employees, Subcontractors or agents or any of them or as a result of the Contractor’s failure to exercise skill, care and diligence as outlined in clause 1. The terms of this clause 5A shall survive termination of this Agreement for any reason.
B. Save in respect of fraud (including fraudulent misrepresentation), personal injury or death, neither Party will be liable for any indirect losses (including loss of profit, loss of revenue, loss of goodwill, indirectly arising damages, costs and expenses) of any kind whatsoever and howsoever arising even if such Party has been advised of their possibility.
C. Time of delivery shall be of the essence and if the Contractor fails to deliver the Deliverables within the time period promised or specified in the Specification, the Client may by notice in writing the Contractor’s Contact release itself from any obligation to accept and pay for the Deliverables and / or terminate this Agreement in either case without prejudice to any other rights and remedies of the Client.
6. Intellectual PropertyA. All Intellectual Property Rights title and interest in all reports, data manuals and/or other
materials (other than software) (including without limitation all and any audio or audio visual recordings, transcripts, books, papers, records, notes, illustrations, photographs, diagrams) produced for the purposes of this Agreement (collectively “the Materials”) (or any part of parts thereof) shall vest in the Client and the Contractor so acknowledges and confirms. For the avoidance of doubt the Contractor hereby assigns all Intellectual Property Rights, title and interest in the Materials (including by way of present assignment of future copyright) to the extent that any such Intellectual Property Rights title or interest may be deemed by law to reside in it in the Materials to the Client absolutely.
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B. Upon the termination of this Agreement for whatever reason, the Contractor shall immediately deliver up the Client all the Materials prepared up to the date of termination. The provisions of this clause 6 will survive the expiration or terminate of this Agreement for any reason.
7. ConfidentialityA. Each of the Parties to this Agreement agrees to hold confidential all information,
documentation and other material received, provided or obtained arising from their participation in this Agreement (“Confidential Information”) and shall not disclose same to any third party except to its professional advisers subject to the provisions of this clause 7; or as may be required by law; or as may be necessary to give effect to the terms of this Agreement subject to the provisions of this clause 7; or in the case of the Client by request of any person or body or authority whose request the Client or persons associated with the Client (including but not limited to the Legislature and/or the Executive and/or the Civil Service) considers it necessary or appropriate to so comply.
B. In circumstances where the Client is subject to the provisions of the Freedom of Information Act 2014, then in the event of the Client receiving a request for information related to this Agreement, the Client shall consult with the Contractor in respect of the request. The Contractor shall identify any information that is not to be disclosed on grounds of confidentiality or commercial sensitivity, and shall state the reasons for this sensitivity. The Client will consult the Contractor about this confidential or commercially sensitive information before making a decision on any request received under the above legislation.
C. The terms of this clause 8 shall survive expiry, completion or termination for whatever reason of this Agreement.
8. Force MajeureA. A ‘Force Majeure Event’ means an event or circumstance or combination of events and/or
circumstances not within the reasonable control of the Affected Party (as defined in clause 9B below) which has the effect of delaying or preventing that Party from complying with its obligations under this Agreement including but not limited to acts of God, war, out-break of disease, insurrection, riot, civil disturbance, rebellion, acts of terrorism, government regulations, embargoes, explosions, fires, floods, tempests, or failures of supply of electrical power, or public telecommunications equipment or lines, excluding industrial action of whatever nature or cause (strikes, lockouts and similar) occurring at the Contractor (or subcontractor or agent) places of business.
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B. In the event of any failure, interruption or delay in the performance of either Party’s obligations (or of any of them) resulting from any Force Majeure Event, that Party (“the Affected Party”) shall promptly notify the other Party in writing.
C. If the Force Majeure Event continues for fourteen (14) calendar days either Party may terminate at seven (7) days’ notice.
9. TerminationA. This Agreement may be terminated by the Client, without liability for compensation or
damages, by serving thirty (30) days written notice to the Contractor. This Agreement may be terminated by the Contractor, without liability for compensation or damages, by serving thirty(30) days written notice to the Client.
B. The Client shall have the right (in addition to any other rights under clause 9(a) and any other rights which it has at law) to terminate this Agreement immediately and without liability for compensation or damages in circumstances where the Client becomes aware that any of the exclusion grounds set out in Regulation 57 of the Regulations apply to the Contractor.
C. Either Party shall have the right (in addition to any other rights which it has at law) to terminate this Agreement immediately and without liability for compensation or damages if the other Party commits any serious breach or a series of breaches of any provision of this Agreement and fails to remedy such breach(es) (if the breach(es) are capable of remedy) within thirty (30) days after receipt of a request in writing from the other Party.
10. Contract ManagementThe Clients’ Contact and the Contractor’s Contact shall liaise on a regular basis to address any issues arising which may impact on the performance of this Agreement and to agree milestones, compliance schedules and operational protocols as required by the Client from time to time. If requested in writing by the Client the Contractor shall meet formally with the Client to report on progress and shall comply with all written directions of the Client. The Contractor shall be required to hold for the Term insurances of the nature and amount as set out in the RFP and shall immediately advise the Client of any material changes to its insured status.
11. DisputesA. In the event of any dispute arising out of or relating to this Agreement (the “Dispute”), the
Parties shall first seek settlement of the dispute by referring as soon as practicable to the signatories of this Agreement to address all and any issues.
B. For the avoidance of doubt, the obligations of the Parties under this Agreement shall not cease, or be suspended or delayed by the reference of a dispute to mediation. The Contractor shall comply fully with the requirements of the Agreement at all times.
12. Governing Law, Choice of Jurisdiction and ExecutionA. This Agreement shall in all aspects be governed by and construed in accordance with the
laws of Ireland and the Parties hereby agree that the courts of Ireland have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this Agreement.
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B. This Agreement shall be executed in duplicate and each copy of the Agreement shall be signed by all Parties hereto. Each of the Parties to this Agreement confirms that this Agreement is executed by their duly authorised officers.
13. NoticesA. Any notice or other written communication to be given under this Agreement shall either be
delivered personally or sent by registered post or email. The Parties will from time to time agree primary and alternative contact persons and details for the purposes of this clause 13.
B. All notices shall be deemed to have been served as follows:
1. if personally delivered, at the time of delivery;2. if posted by registered post at the expiration of 48 hours after the envelope containing
the same was delivered into the custody of the postal authorities (and not returned undelivered); and
3. if communicated by email, on the next calendar day following transmission.
14. Assignment and SubcontractA. Subject to a Party’s obligations at law, any assignment to a third party, subcontract or other
transfer of a Party’s rights or obligations under this Agreement (the “Assignment”) requires the prior written consent of the other Party. Prior to any such Assignment, the assignee will be obliged to sign an undertaking to comply with all obligations under this Agreement. Any attempted Assignment not complied with in the manner prescribed herein shall be null and void.
B. Subject to a Party’s obligations at law, any sub-contract of a Party’s rights or obligations under this Agreement requires the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed. Any attempted subcontract not complied with in the manner prescribed herein shall be null and void.
15. Non-exclusivityNothing in this Agreement shall preclude the Client from purchasing services (or Services) from a third party at any time during the currency of the Agreement.
16. MediaNo media releases, public announcements or public disclosures relating to this Agreement or its subject matter, including but not limited to promotional or marketing material, shall be made by the Contractor without the prior written consent of the Client.
17. Conflicts, Registrable Interests and Corrupt GiftsA. The Contractor confirms that it has carried out a conflicts of interest check and is satisfied that
neither it nor any Subcontractor nor agent as the case may be has any conflicts in relation to the Goods and its obligations undertaken under this Agreement. The Contractor hereby undertakes to notify the Client immediately should any conflict or potential conflict of interest come to its attention during the currency of this Agreement and to comply with the Client’s directions in respect thereof. In the event of such notification, the Client shall have the right (in
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addition to any rights which is has at law) to terminate this Agreement immediately and without liability for compensation or damages.
B. Any registrable interest involving the Contractor (and any subcontractor or agent as the case may be) and the Client, the Ceann Comhairle (Speaker), or any member of the Government, or any member of the Oireachtas, or their relatives must be fully disclosed to the Client immediately upon such information becoming known to the Contractor (Subcontractor or agent as the case may be) and to the Contractor shall comply with the Clients’ directions in respect thereof, to the satisfaction of the Client. In the event of such disclosure, the Client shall have the right (in addition to any other rights which is has at law) to terminate this Agreement immediately and without liability for compensation or damages. The terms “registrable interest” and “relative” shall be interpreted as per section 2 of the Ethics in Public Office Act, 1995 (as amended) a copy of which is available on request.
C. The Contractor shall not offer or agree to give any public servant or civil servant any gift or consideration or commission of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this or any other public contract. Any breach of this clause 21C or the commission of any offence by the Contractor, any Subcontractor, agent or employee under the Prevention of Corruption Acts, 1889 to 2005 shall entitle the Client to terminate this Agreement immediately and without liability for for compensation or damages and to recover the amount of any loss resulting from such cancellation, including but not limited to recovery from the Contractor of the amount or value of any such gift, consideration or commission.
18. EquipmentThe Contractor shall provide all equipment and materials necessary for the provision of the Deliverables (“Equipment”). All Equipment brought onto the Client’s premises shall be at the Contractor’s own risk and the Client shall have no liability for any loss of, caused by or damage to any Equipment. In addition the Contractor shall maintain and store all items of Equipment within the Client’s premises in a safe, serviceable and clean condition.
19. Change Control ProcedureAt any time during the term of this Agreement, either Party may propose a change or changes to any part or parts of this Agreement. All Change Control Notices proposing changes to this Agreement must be submitted for review to the other Party’s Contact. The Parties must indicate their acceptance or rejection of the change control request and/or Impact Assessment subject to a maximum of twenty (20) calendar days. In the event that either Party rejects the Impact Assessment, the change(s) shall not take place and the Parties shall continue to perform their obligations under this Agreement.
20. Data Protection and SecurityA. In this Agreement the following terms shall have the meanings respectively ascribed to them;
“Data” means all Confidential Information, whether in oral or written (including electronic) form, created by or in any way originating with the Client (including but not limited to his employees, agents, independent contractors and/or Sub-contractors) and all information that is the output of any computer processing, or other electronic manipulation of any information
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that was created by or in any way originating with the Client provided under this Agreement and includes any Personal Data;“Data Controller” has the meaning given under the Data Protection Laws;“Data Processor” has the meaning given under the Data Protection Laws;“Data Protection Laws” means all applicable national and EU data protection laws, regulations and guidelines, including bu not limited to Regulation (EU) 2016/79 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “General Data Protection Regulation”), and any guidelines and codes of practice issued by the Office of the Data Protection Commissioner or other supervisory authority for data protection in Ireland. “Data Subject” has the meaning given under the Data Protection Laws;“Data Subject Access Requested” means a request made by a Data Subject in accordance with rights granted under the Data Protection Laws to access his or her Personal Data;“Personal Data” has the meaning given under Data Protection Laws;“Processing” has the meaning given under Data Protection Laws;
B. The Contractor shall comply with all applicable requirements of the Data Protection Laws.
C. The parties acknowledge that for the purposes of the Data Protection Laws, the Client is the Data Controller and the Contractor is the Data Processor in respect of Confidential Information which is Personal Data. Schedule E sets out the scope, nature and purpose of Processing by the Contractor, the duration of the Processing and the types of Personal Data and categories of Data Subject.
D. Without prejudice to the generality of clause 25B, the Contractor shall, in relation to any Personal Data processed in connection with the performance by the Contractor of its obligations under this Agreement:-
(1) process that Personal Data only on the written instructions of the Client;(2) ensure that it has in place appropriate technical and organisational measures, reviewed and
approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(3) ensure that all personnel who have access to and /or process Personal Data are obliged to keep the Personal Data confidential;
(4) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Client has been obtained and the following conditions are fulfilled;-
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i. appropriate safeguards are in place in relation to the transfer, to ensure that Personal Data is adequately protected in accordance with Chapter V of Regulation 2016/679 (General Data Protection Regulation);
ii. the Data Subject has enforceable rights and effective legal remedies;iii. the Contractor complies with its obligations under the Data Protection Laws by
providing an adequate level of protection to any Personal Data that is transferred; and
iv. the Contractor complies with reasonable instructions notified to it in advance by the Client with respect to the processing of the Personal Data
E. The Contractor shall promptly notify the Client if it receives a Data Subject Access Request to have access to any Personal Data or any other complaint, correspondence, notice, request any order of the Court or request of any regulatory or government body relating to the Client’s obligations under the Data Protection Laws and provide full co-operation and assistance to the Client in relation to any such complaint, order or request (including, without limitation, by allowing Data Subjects to have access to their data).
F. The Contractor shall without undue delay report in writing to the Client any data compromise involving Personal Data, or any circumstances that could have resulted in unauthorised access to or disclosure of Personal Data.
G. The Contractor shall assist the Client in ensuring compliance with its obligations under the Data Protection Laws with respect to security, impact assessments and consultation with supervisory authorities and regulators.
H. The Contractor shall at the written direction of the Client, amend, delete or return Personal Data and copies thereof to the Client on termination of this Agreement unless the Contractor is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Contractor to store the Personal Data.
I. The Contractor shall permit the Client, the Office of the Data Protection Commissioner or other supervisory authority for data protection in Ireland, and/or their nominee to conduct audits and or inspections of the Contractor’s facilities, and to have access to all data protection, confidentiality and security procedures, data equipment, mechanisms, documentation, databases, archives, data storage devices, electronic communications and storage systems used by the Contractor in any way for the provision of the services. The Contractor shall comply with all reasonable directions of the Client arising out of any such inspection, audit or review.
J. The Contractor shall fully comply with, and implement policies which are communicated or notified to the Contractor by the Client from time to time.
K. The Contractor shall maintain complete and accurate records and information to demonstrate its compliance with this clause 25 and allow for inspections and contribute to any audits by the Client or the Client’s designated auditor.
L. The Contractor shall:-
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(1) take all reasonable precautions to preserve the integrity of any Personal Data which it processes and to prevent any corruption or loss of such Personal Data;
(2) ensure that a back-up copy of any and all such Personal Data is made [Insert Frequency] and this copy is recorded on media from which that data can be reloaded if there is any corruption of loss of the data; and
(3) in such an event and if attributable to any default by the Contractor or any Sub-contractor, promptly restore the Personal Data at its own expense or, at the Client’s option, reimburse the Client for any reasonable expenses it incurs in having the Personal Data restored by a third party.
M. The Client does not consent to the Contractor appointing any third party process or Personal Data under this Agreement.
N. Save for clauses 20B, 20C, 20D(4) and 20E, all the obligations on the Contractor in this clause 20 relating to the processing of Personal Data shall apply to the processing of all Data.
O. The provisions of this clause 20 shall survive termination and or expiry of this Agreement for any reason
Schedule B: The SpecificationAs per the Submission of the Contractor dated [Submission Date] in respect of the RFP titled [RFP Title].
Schedule C: Charges
[Insert Costs from Supplier Here]
Schedule D: Service Levels
Additional clauses such as price review clause, etc can be placed here. If not then delete.
Schedule E: Data Protection
Processing, Personal Data and Data Subjects
1. Processing by the Contractor
1.1 Subject Matter of Processing: all information, whether in oral or written (including electronic) form, created by or in any way originating with the (including but not limited to his employees, agents, independent contractors and/or Sub-contractors) and all information that is the output of any computer processing, or other electronic manipulation of any information
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that was created by or in any way originating with the Client provided under the Agreement which relates to an identified or identifiable natural person
1.2 Nature of Processing: 1.3 Purpose of Processing: to allow the Contractor to provide the Deliverables under the
Agreement 1.4 Duration of the Processing: the Term of the Agreement
2. Types of Personal Data: name, surname, home address, email address, identification number, application number, location data, internet protocol address
3. Categories of Data Subject: Beneficiaries, Employees, Elected Officials, Systems Users, Contractors, Subcontractors
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Appendix 11 - Letter - Contract Extension / Addendum
[Insert Receipiant][Insert Position][Insert Company][Insert Address]
XX/XX/2016
RE: [Insert Tender Title]
Dear [Insert Name],
I refer to the contract concluded between Pobal and XXXXX commencing on XXXXX and expiring on XXXXX, in relation to Provision of XXXXXX. The purpose of this letter is to extend the duration of the XXXXXX Contract for a further term of XXX (XX) months, expiring on XXXXXX. A copy of the original XXXXXX Contract is appended hereto.
I would be obliged if you would sign and return the acknowledgement overleaf to us as soon as possible. By signing and returning the acknowledgement to us, XXXXX agrees to be bound by the terms of the XXXXXX Contract until XXXXX.
Yours faithfully,
_________________________________XXXXXXXXXXXXPobal
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FORM OF ACKNOWLEDGEMENT
We hereby agree that the term of the XXXXXX Contract entered into between Pobal and XXXXXXX, commencing XXXXXX, be extended for a further XXXXX (XX) months, expiring on XXXXX.
I confirm that I am duly authorised to sign on behalf of XXXXX.
Signed: ______________________ Date: _____________________
Print Name: __________________
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Appendix 12 - Letter – Unsuccessful Bidder Notification[Insert Receipiant][Insert Position][Insert Company][Insert Address]
XX/XX/2016
RE: [Insert Tender Title]
Dear [Insert Name],
I refer to your tender submission in respect of the above advertised competition. A total of [insert Number of Responses] bids were received in response to this competition. I regret to inform you that your tender was not deemed to be the most economically advantageous tender and therefore you have been unsuccessful in your bid.
All Pobal tender competitions are carried out in accordance with domestic and EU law with particular reference to EU Procurement Directive 2014/24/EU and EU Remedies Directive 2007/66/EU.
For your information the tender evaluation committee having evaluated the tender submissions in accordance with the published qualification criteria determined that [INSERT WINNING COMPANY] provided the most economically advantageous bid. Accordingly Pobal will be entering into a contract with [INSERT WINNING COMPANY] within a maximum period of [insert number] days. This standstill period will commence on the day after the date of issue of this Notification. Following the execution of the contract, an award notice will be published on all relevant National and EU websites as per EU Procurement Directive 2014/24/EU.
Please find overleaf details of your score in this competition for your submission in addition to a summary of the reasons for your tender being unsuccessful in comparison to the successful tenderer against the published award criteria. In addition to the above and information attached overleaf should you require any further specific feedback please email [email protected].
I would finally like to take this opportunity to thank you most sincerely for your participation and response to this competition. I wish your company every success in the future and look forward to receiving tender submissions from your company in the future.Yours Sincerely
______________________[Insert Position], [Insert Name]
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Supply of Goods
Comparison of [Insert Company] with the Winning Bid
Award CriteriaTotal Marks
Available
Minimum Score
Required
Marks of Winning
Bid
Marks of Your Bid Comments
Ultimate Cost 600 300 X XCost was evaluated by mathematical formula which compared lowest annual cost * max marks / annual cost for each company. The lowest cost got maximum marks
Methodology 100 50 X X
Delivery Times 50 25 X X
Invoicing / Reporting 50 25 X X
Quality 100 50 X X
Warranty 100 50 x X
Totals 1000 0 0
Supply of Services
Comparison of [Insert Company] with the Winning Bid
Award CriteriaTotal Marks
Available
Minimum Score
Required
Marks of Winning
Bid
Marks of Your Bid Comments
Ultimate Cost 400 200 X XCost was evaluated by mathematical formula which compared lowest annual cost * max marks / annual cost for each company. The lowest cost got maximum marks
Methodology 200 100 X X
Invoicing / Reporting 100 50 X X
Quality Assurance 100 50 X X
Human Resources 200 100 x X
Totals 1000 0 0
Appendix 13 - Letter – Successful Bidder Notification[Insert Receipiant][Insert Position][Insert Company][Insert Address]
XX/XX/2016
RE: [Insert Tender Title]
SUBJECT TO CONTRACT
Dear [Insert Name],
I refer to the above and the tender you submitted in respect of same. The evaluation process has now been completed and I am pleased to inform you that you have been selected as the successful tenderer designate, subject to the formal conclusion of contract under the terms and conditions of the tender documentation.
This letter is issued without prejudice to Pobal. Furthermore, no commitment of any kind, contractual or otherwise will exist unless and until a formal contract has been executed by or on behalf of Pobal. The selection as the successful tenderer designate under this competition shall not give rise to any enforceable rights.
In addition I would like to bring your attention to the following procedural process:1. As per EU Procurement Directive 2014/24, Pobal may not enter into a binding
contractual relationship with a successful tenderer designate until after the expiry of the Standstill Period relating to this contract of [insert number] calendar days. The Standstill Period will commence on the day after the date of this notification and the notifications to the unsuccessful tenderers.
2. If, following the expiry of the Standstill Period, it is not possible to conclude a contract with the successful tenderer designate, we reserve the right to conclude a contract with the next ranked tenderer, subject to their acceptance of our formal terms and conditions.
3. Once the Standstill Period has expired we will be in contact to formally conclude the contract with you.
I would like to take this opportunity to congratulate you on your success in this competition and I look forward to a prosperous working relationship with your company. Finally, I would ask that this letter is acknowledged within [insert number] days of the date of this letter.
Yours Sincerely
_____________________[Insert Position], [Insert Position],
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Appendix 14 - Letter – Tender Advertisement Notification[Insert Receipiant][Insert Position][Insert Company][Insert Address]
12 May 2023
RE: [Insert Tender Title]
Dear [Insert Name],
Please be advised that Pobal has recently advertised on the government eTenders website (www.etenders.gov.ie) a request for [Insert Tender Title].
The closing date of this competition is [Insert Date]. Should you wish to submit a response to this public competition, your response should be in the format as detailed in Section 2.6 of the published Initiation to Tender document.
It is suggested that registered post be used for tender submissions. If tenders are “hand delivered” they should be handed only the Reception on the first floor of Holbrook House. Evidence of ordinary postage will not be accepted as evidence of receipt.
Further, information or clarifications regarding this competition can be obtained by emailing [email protected]. All tenderers will be notified of the outcome of the competition as well as details of the award being published on the eTenders website.
Yours Sincerely
______________________[Insert Position][Insert Name]
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Appendix 15 - Letter – Late Submission Notification
[Insert Receipiant][Insert Position][Insert Company][Insert Address]
XX/XX/2016
RE: [Insert Tender Title] – Late Submission
Dear [Insert Name],
I am writing with reference to the above and your response to the advertised tender competition. As stated in the published document under Paragraph 2.6.2 “Tenders that are received late WILL NOT be considered in this public procurement ccompetition”.
Your tender was submitted to Pobal on the [Insert Date] at [Insert Time] which was after the advised closing date and time as outlined in Paragraph 2.6.2. Accordingly as per the published document and EU Procurement Directive 2014/24/EU, your tender cannot be accepted as it was received after the advertised closing date and time. Please find attached your original unopened tender submission.
If you have any additional queries, please do not hesitate to contact us by emailing [email protected]. I would like to take this opportunity to wish you well in your business and look forward to receiving tenders from you in the future.
Yours sincerely
______________________ [Insert Name], [Insert Role]
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Appendix 16 - Letter – Outstanding Information Notification[Insert Receipiant][Insert Position][Insert Company][Insert Address]
XX/XX/2016
RE: [Insert Tender Title]
Dear [Insert Name],
I refer to the above and our correspondence to you dated [INSERT DATE] informing you that you have been successful in the above advertised competition.
The Standstill Period has now lapsed and as such Pobal are now in a position to proceed with the establishment of a contract for the above competition.
As advised in the published documentation Pobal will not enter into any contract until the successful company provides Pobal with satisfactory evidence of insurance, financial turnover and all other eligibility requirements.
Pobal now, hereby request the above documentation from [INSERT COMPANY] to be provided to us no later than 5 working days from the date of this notification. If the above required evidence is not received by Pobal within the requested timeframe without a reasonable rational being provided, Pobal will exercise its right to exclude [INSERT COMPANY] from this competition.
Upon receipt of the above, Pobal intends to issue to you a contract to be signed by both parties and duly executed.
This letter is issued without prejudice to Pobal and as per the published tender advertisement does not purport to create legally binding relations, nor any expectation for same to arise therefrom.
Yours Sincerely
______________________[Insert Position], [Insert Name]
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Appendix 17 - PQQ - Pre-Qualification Questionnaire
Part 1: Introduction1.1. Pobal (the “Contacting Authority”) invites responses (“Responses”) to this Pre-
Qualification Questionnaire (“PQQ”) from economic operators (“Candidates”) for the provision of the Services as described in Appendix 1 to this PQQ (the “Services”).
1.2. This Prequalification Questionnaire (“PQQ”) has been prepared for the purpose of providing certain information to economic operators who wish to prequalify for the EU Restrictive procurement process in relation to Pobals requirements for the provision of [INSERT TYPE OF SERVICES SOUGHT].
1.3. This public procurement competition (the “Competition”) will be divided into [INSERT NUMBER] lots (each a “Lot”) as described below. Each Lot will result in a separate contract at a later stage.
[INSERT LOTS DESCRIPTION & ANY RULES/INSTRUCTIONS IN RELATION TO SAME]
1.4. Any contract that may result from this Competition (the “Contract”) will be issued for a term of [INSERT NUMBER] months (the “Term”).
1.5. It is planned that the contract will be awarded by end of [INSERT QUARTER] of [YEAR] and the successful tenderer will be operational by the end [INSERT QUARTER] of [YEAR]. A Candidate must provide details [ANY ADDITIONAL REQUIREMENTS].
1.6. Pobal policy seeks to encourage participation on a fair and equal basis by Small and Medium Enterprises (“SME”s) in this Competition. SMEs that believe the scope of this competition is beyond their technical or business capacity are encouraged, subject to paragraph 2.3, to explore the possibilities of forming relationships with other SMEs or with larger enterprises. Through such relationships they can participate and contribute to the successful implementation of any Contract that may result from this Competition and therefore increase their social and economic benefits.
Larger enterprises are also encouraged, subject to paragraph 2.3, to consider the practical ways that SMEs can be included in their proposals to maximize the social and economic benefits of any Contract that may result from this Competition.
Part 2: Instructions to Candidates2.1 Important Notices2.1.1 While every effort has been made to provide comprehensive and accurate information
in all notices and documents prepared for the purposes of this Competition, the Contracting Authority does not accept any liability or provide any express or implied warranty in respect of any such information.
2.1.2 This PQQ does not constitute an offer or commitment to enter into a Contract.
No contractual rights in relation to the Contracting Authority will exist unless and until a formal written Contract has been executed by or on behalf of the Contracting Authority.
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The Contracting Authority may cancel this competition (or for the avoidance of doubt, any individual Lot) at any time prior to a formal written Contract being executed by or on behalf of the Contracting Authority.
2.1.3 This PQQ supersedes and replaces any and all previous documentation, communications and correspondence between the Contracting Authority and Candidates, and Candidates should place no reliance on such previous documentation and correspondence.
2.2 Compliant Responses 2.2.1 If a Candidate fails to comply in any respect with the requirements of this paragraph
2.2.1, the Contracting Authority reserves the right to reject the Candidate’s Tender as non-compliant or, without prejudice to this right and subject to its obligations at law, to take any other action it considers appropriate including but not limited to:
seeking written clarification from the Candidate; seeking further information from the Candidate; waiving a requirement, which in Contracting Authority’s view, is non-material
or procedural.Candidates are required:
a) To submit all documentation which this PQQ requires to be submitted with their Response;
b) To follow the format of this PQQ and respond to each element in the order as set out in this PQQ;
c) To conform to and comply with all instructions and requirements set out within this PQQ;
d) Not to alter or edit this PQQ in any way
2.2.1 Without prejudice to the generality of paragraph 2.2.1, failure to comply with paragraph 2.4.1, 2.4.2 or 2.4.3 below will render the Response non-compliant and it will be rejected.
2.3 Consortia and Prime / SubcontractorsWhere a group of undertakings (in whatever form and regardless of the legal relationship between them) come together to submit a Response in relation to this PQQ the Contracting Authority will deal with all matters relating to this public procurement competition through the entity who will carry overall responsibility for the performance of the Contract only (“Prime Contractor”), irrespective of whether or not the tasks are to be performed by a subcontractor or other consortium member (the “Subcontractor”). The Candidate must clearly set out the name, title, telephone number, postal address, facsimile number and email address of the nominated contact personnel of the Prime Contractor authorised to represent the Candidate and to whom all communications shall be directed and accepted until this Competition has been completed or terminated. Correspondence from any other person (including from any Subcontractor) will NOT be accepted, acknowledged or responded to.
2.4 PQQ Submission Requirements2.4.1 Responses must be delivered to the postal address below. Responses delivered by
hand or post must be delivered in sealed package(s). The package must be marked with the PQQ Title and the word “Confidential”. Candidates must clearly set out a return address on the Response Package. Responses submitted by fax WILL NOT be accepted.
The nominated address is:
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[INSERT RECIPIENT NAME]PobalHolbrook HouseHolles StreetDublin 2
Candidates must submit one (1) soft copy of their Tender on soft copy (USB or CD-ROM) and two (2) hard copies. It is the Candidate’s responsibility to ensure that the information provided on the soft copy is identical to information provided in the hard copy Response. In the event that there is a discrepancy or conflict between the contents of the hard and soft copies of the Response, hard copy shall be given precedence over the soft copy.
OR
Responses must be submitted via the electronic postbox available on www.etenders.gov.ie. Only Responses submitted to the electronic post-box will be accepted. Responses submitted by any other means (including but not limited to by email, fax, post or hand delivery) will NOT be accepted.
Candidates must ensure that they give themselves sufficient time to upload and submit all required tender documentation before the Tender Deadline (as defined in paragraph 2.4.2). Candidates should take into account the fact that upload speeds vary. There is a maximum of 4GB for the total (combined) documents sent to the electronic post-box.
In order to submit a document to the electronic post-box, please not that you must click “Submit Response”. After submitting you can still modify and re-send your response up until response deadline. Candidates should be aware that the “Submit Response” button will be disabled automatically upon the expiration of the response deadline.
2.4.2 Responses must be received not later than [insert time] on [insert date] (the “Tender Deadline”). Responses that are received late WILL NOT be considered in this Competition.
2.4.3 Responses must be submitted in English.
2.4.4 Each Candidate is limited to submitting one Tender in his own capacity and one Tender as part of a consortium / group of undertakings under this PQQ.
2.4.5 All Responses submitted in soft copy must be compiled such that they can be read immediately using PDF readers. The Contacting Authority is not responsible for corruption in electronic documents. Candidates must ensure electronic documents are not corrupt.
2.5 Queries and Clarifications2.5.1 All queries or requests for clarification relating to any aspect of this Competition or of
this PQQ must be directed to [email protected]. Queries or requests for clarifications will be accepted no later than [insert time] on [insert date] unless otherwise published by the Contracting Authority.
2.5.2 All clarifications and responses to queires / requests for clarification will be posted on www.etenders.gov.ie or other appropriate method. Where appropriate, queries may
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be amalgamated. Candidates should note that the Contracting Authority will not make responses to individual Candidates privately.
2.5.3 The Contracting Authority reserves the right to issue or seek written clarifications.
2.5.4 The Contracting Authority reserves the right at any time before the Tender Deadline, to update or amend the information contained in this document and / or to extend the Tender Deadline. Participating Candidates will be informed of any such amendment or extension though the eTenders website.
2.5.5 Candidates should ensure that they register their interest in this Competition, by clicking on the “Accept” button on www.etenders.gov.ie , in order to receive all responses to queries and other updates in relation to the Competition.
2.6 Tendering Costs2.6.1 All costs and expenses incurred by Candidates relating to their participation in this
Competition shall be borne by and are a matter for discharge by the Candidates exclusively.
2.7 PublicityNo publicity regarding this Competition is permitted unless and until the Contracting Authority has given its prior written consent to the relevant communication.
2.8 Registrable Interest Any Registrable Interest involving the Candidate or Subcontractor and the Contracting Authority, members of the Government, members of the Oireachtas, or employees and officers of the Contracting Authority and their relatives must be fully disclosed in the Response or, in the event of this information only coming to the notice of the Candidate or Subcontractor after the submission of a Response, must be communicated to the Contracting Authority immediately upon such information becoming known to the Candidate or Subcontractor.
The terms ‘Registrable Interest’ and ‘Relative’ shall be interpreted as per Section 2 of the Ethics in Public Office Act 1995 and 2001, a copy of which is available to download at www.irishstatutebook.gov.ie. The Contracting Authority will, in its absolute discretion, decide on the appropriate course of action, which may in appropriate circumstances include eliminating a Candidate from the competition or terminating any Contract entered into by a Candidate.
2.9 Anti-Competitive ConductCandidate’s attention is drawn to the Competition Act 2002 (as amended, the “2002 Act”). The 2002 Act makes it a criminal offence for Candidates to collude on prices or terms in a public procurement competition.
2.10 Industry Terms Used in this PQQWhere reference is made to a particular item, source, process, trademark, or type in this PQQ then all such references are to be given the meaning generally understood in the relevant industry and operational environment.
2.11 Freedom of Information2.16.1 Candidates should be aware that, under the Freedom of Information Act 2014,
information provided by them during this Competition may be liable to be disclosed.
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2.16.2 Candidates are asked to consider if any of the information supplied by them in their Response should not be disclosed because of its confidentiality or commercial sensitivity. If Candidates consider that certain information is not to be disclosed because of its confidentiality or commercial sensitivity, Candidates must, when providing such information, clearly identify such information and specify the reasons for its confidentiality or commercial sensitivity. If Candidates do not identify information as confidential or commercially sensitive, it is liable to be released in response to a Freedom of Information request without further notice to or consultation with the Candidate. The Contracting Authority will, where possible, consult with Candidates about confidentiality or commercially sensitive information so identified before making a decision on a request received under the Freedom of Information Act.
2.12 Tax Clearance2.17.1 It will be a condition of the award of any Contract under this PQQ that the successful
Candidate(s) shall for the term of any such contract(s), comply with all EU and domestic tax laws. Candidates are referred to www.revenue.ie for further information. Prior to the award of any Contract arising out of this Competition, the successful Candidate shall be required to supply its Tax Clearance Access Number and Tax Reference Number to facilitate online verification of their tax status by the Contracting Authority. By supplying these numbers the successful Candidate acknowledges and agrees that the Contracting Authority has the permission of the successful Candidate to verify its tax cleared position online.
2.13 Conflicts of InterestAny conflict of interest or potential conflict of interest on the part of a Candidate, Subcontractor or individual employee(s), agent(s), of a Candidate or Subcontractor(s) must be fully disclosed to the Contracting Authority as soon as the conflict or potential conflict is or becomes apparent. In the event of any actual conflict or potential conflict of interest, the Contracting Authority may invite Candidates to propose means by which the conflict might be removed. The Contracting Authority will, at its absolute discretion, decide on the appropriate course of action, which may in appropriate circumstances include eliminating a Candidate from this Competition.
2.14 Withdrawal from this CompetitionCandidates are required to e-mail [email protected] immediately if at any stage they decide to withdraw from this Competition.
2.21 Insurance 2.21.1 Candidates shall be required to hold the following insurances:
Type of Insurance Indemnity Limit
Employer’s Liability €2,500,000
Public Liability €2,500,000
Professional Indemnity €1,000,000
Product Liability €1,000,000
2.21.2 By signing the Candidate’s Statement at Appendix 3, Candidates confirm, they will obtain and hold the types and levels of insurance as specified at paragraph 2.21.1. A formal confirmation from the Candidate's insurance company or broker to this effect will be requested from the successful Candidate(s) prior to proceeding to the second stage of this Competition.
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2.21.3 The successful Candidate will be required to:
a) immediately advise the Contracting Authority of any material change to its insured status;
b) produce proof of current premiums paid upon request;c) produce valid certificates of insurance upon request.
Part 3: Selection Criteria3.1 Qualification Criteria3.1.1 Candidates will either pass OR fail each of the Selection Criteria in this part 3.1. In
the event of one or more of the Selection Criteria achieving a fail, the Candidate will be excluded from participating in this Competition.
3.1.2 Economic and Financial Standing Candidates must declare that they satisfy the financial and economic standing requirement(s) set out below in respect of each Lot tendered for and that they are able, upon request and without delay, to provide the supporting documentation specified below to the Contracting Authority in each case.
Candidates must demonstrate that they meet the following by providing the following when requested by the Contracting Authority:
a) Balance sheets (where publication is required under the law of the country in which the Candidate is established) showing a turnover of not less than €100,000 for each of the last three financial years; and;
b) A statement of the Candidates overall turnover showing the minimum value of not less than €100,000 for each of the last three financial years.
Candidates must provide the supporting documentation specified above without delay when requested by the Contracting Authority. However, where the Candidate is unable, for a valid reason, to provide the specified documentation, the Candidate must inform the Contracting Authority of the valid reason why the documentation cannot be supplied and, if the Contracting Authority considers the reason given to be valid, provide such other suitable alternative documentation to prove, to the satisfaction of the Contracting Authority, their economic and financial capacity.
3.1.3 Technical and Professional AbilityCandidates must declare that they satisfy the technical and professional requirement (s) set out below in respect of each Lot tendered for and that they are able, upon request and without delay, to provide the supporting documentation specified below to the Contracting Authority in each case.
Candidate must demonstrate that they have experience in providing high quality services and Services of a similar nature as those that are sought herein. Candidates must include with their Responses:
a) a list of the principal contracts (in particular similar work) undertaken in the last three (3) years, with an indication of the scale of the contract, dates and recipients (public or private) of the service provided and
b) three (3) satisfactory references (including contact name and details). The Contracting Authority may contact any or all referees without prior notice being given to the Candidate.
c) Candidates should note that economic operators relying on the capacity of other entities must submit an undertaking duly evidenced with their
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Tender from those entities that they will place the necessary resources at the disposal of the Candidate.
d) [insert additional techcnical and / or professional requirements and details of proofs and documents required as evidence]
Candidates must ensure that they provide sufficient information to allow the Contracting Authority to judge the similarity of what is sought in this PQQ, but at a minimum, must contain the following information, in the format outlined in Table 1 below.
Table 1 – 3.2.2 Example FormName of Client OrganisationReference Name, Phone & Email AddressContract Title / PurposeContract DurationTotal Value of the overall contract (value may be provided within a range i.e. between €0.5m and €0.75m)Number of Candidate’s Personnel InvolvedPlease provide a detailed description of the contract goods and / or services provided including the delivery frequency, volumes, number of delivery locations that demonstrate the success of the contract.Describe any notable difference (if any) that may exist between the goods delivered in this contract and the methodology or goods proposed in your tender proposal.
3.4 Selection Criteria3.4.1 The pass/fail elements of this PQQ will be assessed based on the exercise of Pobal’s
judgment as to whether, on balance, the Candidate demonstrates that it has the requisite capacity to undertake the supplies and services required. Candidates with more experience providing supplies and services more similar to those required are more likely to pass the sections the PQQ, than those candidates which do not. Candidates' attention is drawn, in particular, to where experience is required of Turnover Values and for the Contracts of minimum annual contract values and other such areas.
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Selection Criteria Rationale Rating
Financial and Economic Information PassMeets the PQQ requirement, the Candidate has demonstrated compliance ORMeets the PQQ requirements in all ways, exceeds it in some ORExceeds the PQQ requirements in all ways
Fail Does not meet the PQQ requirement OR the Candidate has either stated non-compliance, demonstrated non-compliance, or there is insufficient information to assess
Pass / Fail
Technical and Professional Ability Pass / Fail
Conformance & Compliance with this PQQ Pass / Fail
Required Certification Pass / Fail
Organisational Capacity(Structure, Manpower, Training) Information Only
3.4 Restricted Process3.4.1 Restricted process is a procedure for awarding public contracts, introduced by the EU
Public Procurement Directives (the Public Procurement Directives). It is meant to allow a public entity which knows what outcome it wants to achieve in awarding a public contract.
3.4.2 This is a two-stage process where only those parties who meet minimum requirements in regard to professional or technical capability, experience and expertise and financial capacity to carry out a project are invited to tender
3.4.3 As a first step, the requirements of the Contracting Authority are set out through a contract notice advertised in the appropriate medium and expressions of interest are invited from potential tenderers. The contract notice may indicate the relevant information to be submitted or the information may be sought via a detailed questionnaire to interested parties
3.4.4 The second step involves issuing the complete specifications and the tender Invitation To Tender documents (ITT) with an invitation to submit tenders only to those who possess the requisite level of professional, technical and financial expertise and capacity.
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Appendix 1: General Outline of Requirements Pobal is an intermediary that works on behalf of the Irish Government and the EU to support communities and local agencies toward achieving social inclusion, reconciliation and equality. It is a not-for-profit company with charitable status, employing approximately 300 people across 6 office in Ireland. Pobal currently manages 23 programmes, allocating approximately €345m to 3,000 beneficiaries.
Pobal’s core activities are to:
Provide support to communities to enhance their capacity to identify and respond to needs;
Evaluate strategies and appraise proposals using transparent crtieria and procedures;
Make recommendations and allocate funding following appraisal and evaluation; Assist and support the implementation of apporved proposals and strategies; Develop appropriate proofing mechanisms, support their introduction and monitor
their implementation; Add value at local level through actively encouraging strategic co-ordination among
relevant stakeholders and between programmes that Pobal manages; Manage Government funds in a ptransparent and prudent manner Provide guidance and support on organisational management and governance; Conduct independent audits of beneficiaries based on risk analysis; Monitor expenditure and performance in achieve agreed targets and outcomes; Undertake and support the analysis and exchange of experience, leading to the
identification and dissemination of good practice; and Information and influence policy development at local, regional and national levels.
Insert here a high level brief of the requirements and specifications (including any sector specific or operational requirements of the goods required).
The full details of requirements should be provided in stage 2 of the competition when issuing invitations to the pre-qualified tenderers.
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Appendix 2: Pre-Qualification QuestionnaireSubmission of Tender(s) for Lot(s)
Candidates may submit Response(s) for one Lot or for multiple Lots. Candidates must clearly confirm below as to which Lot(s) they are tendering for. Candidates who wish to tender for more than one Lot may do so under one submission however if making one submission for more than one Lot Candidates must ensure their Response addresses all the requirements in this PQQ as they apply to the combination of Lots being tendered.
Please indicated which Lot(s) you are applying for:
Lot # Area Description Tendering for Lot
1 [INSERT AREA]
[INSERT SERVICE / GOOD]Additional One Line Description Here YES / NO
2 [INSERT AREA]
[INSERT SERVICE / GOOD]Additional One Line Description Here YES / NO
3 [INSERT AREA]
[INSERT SERVICE / GOOD]Additional One Line Description Here YES / NO
4 [INSERT AREA]
[INSERT SERVICE / GOOD]Additional One Line Description Here YES / NO
5 [INSERT AREA]
[INSERT SERVICE / GOOD]Additional One Line Description Here YES / NO
Tender Submission DetailsCompany DetailsRegistered Business Name:
Company Registration No:
Registered Address:
Legal Status (If Any)(Ltd., Partnership, Sole Trader)
Date of Establishment:
Company Contact Details
Contact Name:
Title / Position:
Address:
Telephone:
E-Mail:
Website:
InsurancePlease provide details of your current insurance cover.
Insurance Type Required Level of Candidate
Product Liability €x.x m €
Professional Liability €x.x m €
Public Liability €x.x m €
Employers Liability €x.x m €
Environmental Liability €x.x m €
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Manpower and Skills Please provide the manpower levels of the organisation and the number of managerial and technical staff employed over the last three years.
Overall Manpower (Staff Numbers) Q 20xx 20xx
Management / Administration
Operational / Field Management
Field Operatives
Consortiums & Sub-ContractingPobal is a Small, Medium Enterprise (SME) friendly organisation and submissions will be accepted from consortiums and from entities that have entered into partnering arrangements with sub-contractors.
Where a group of undertakings submit a response to this Qualification Questionnaire, Pobal will deal with all matters relating to this public procurement competition through the entity who will carry overall responsibility for the performance of any contract that may result from this public procurement competition (“Prime Contractor”) irrespective of whether or not tasks are to be performed by a subcontractor and/or consortium members.
The Prime Contractor will be responsible for all aspects of their tender and Pobal reserves the right to reject any proposed sub-contractors/consortium members.
For information purposes, please indicate if you propose to form a consortium to deliver this contract:
Do You Propose to Form a Consortium YES / NO
If yes, please provide details of each or consortium along with a short summary of the envisaged scope of the services to be carried out by each.
Please indicate for information purposes, if you propose to use any sub-contractors or third parties for the delivery of the Services. In this instance, sub-contractors may be an organisation which the Candidate may propose to sub-contract to for elements of the Services.
Do You Propose to Use Sub-Contractors YES / NO
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If yes, please provide details of each sub-contractor along with a short summary of the envisaged scope of the services to be carried out by the sub-contractor.
TurnoverPlease provide details of turnover in Euro only for each of the three most recent financial years.
20xx 20xx 20xx
Financial Turnover (Excl. VAT) €0.00 €0.00 €0.00
ConfidentialityApplicants should state if any of the information supplied by them in response to this PQQ is confidential or commercially sensitive and should not be disclosed in response to a request for information under the Freedom of Information Act 2014. Applicants should state why they consider the information to be confidential or commercially sensitive.
If applicants consider that none of the information supplied by them is confidential or commercially sensitive, they should make a state to that effect.
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Additional InformationPlease provide details of significant current or pending developments affecting the Candidate, for example and without limitation, legal issues or challenges, changes in financial structure or ownership, prospective take-over bids, buy-outs and closures or other relevant financial / economic information which are currently in the public domain. In addition to the above please state if the candidate has ever been found to have seriously misrepresented information provided to a Public entity.
Experience of Previous ContractsAll Candidates must demonstrate that they have a level of experience and ability to provide the Services in accordance with the requirements of this PQQ by completing three examples with references of suitable projects. Note: If applying for more than one lot the Contracting Authority wishes to see three examples for each lot and the examples need to be for clients in the geographic area of the lot you are applying for. Please copy and insert
In respect of each of the contracts cited above, Candidates must provide satisfactory references (three references are required irrespective of whether the Candidate is tendering for one or multiple Lots) from the customer organization confirming the information above. These references must be provided on the reference organizations official / company letter head(s) and contain the wording as set out below, or similar to the satisfaction of the Contracting Authority. The Candidate should inform the customer organization the example contract has been used for their tender reference and the Contracting Authority may contact the referee for verification purposes without prior notice to the Candidate.
Sample Contract OneName of Client OrganisationReference Name, Phone & Email AddressContract Title / PurposeContract DurationTotal Value of the overall contract (value may be provided within a range i.e. between €0.5m and €0.75m)Number of Candidate’s Personnel
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InvolvedPlease provide a detailed description of the contract goods and / or services provided including the delivery frequency, volumes, number of delivery locations that demonstrate the success of the contract.Describe any notable difference (if any) that may exist between the goods delivered in this contract and the methodology or goods proposed in your tender proposal.
Sample Contract TwoName of Client OrganisationReference Name, Phone & Email AddressContract Title / PurposeContract DurationTotal Value of the overall contract (value may be provided within a range i.e. between €0.5m and €0.75m)Number of Candidate’s Personnel InvolvedPlease provide a detailed description of the contract goods and / or services provided including the delivery frequency, volumes, number of delivery locations that demonstrate the success of the contract.Describe any notable difference (if any) that may exist between the goods delivered in this contract and the methodology or goods proposed in your tender proposal.
Sample Contract ThreeName of Client OrganisationReference Name, Phone & Email AddressContract Title / PurposeContract DurationTotal Value of the overall contract (value may be provided within a range i.e. between €0.5m and €0.75m)Number of Candidate’s Personnel InvolvedPlease provide a detailed description of the contract goods and / or services provided including the delivery
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frequency, volumes, number of delivery locations that demonstrate the success of the contract.Describe any notable difference (if any) that may exist between the goods delivered in this contract and the methodology or goods proposed in your tender proposal.
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Appendix 3: Candidates’ Statement[Candidates shall complete and return the following form of Candidates’ Statement printed on the Candidates’ headed notepaper and signed by the Candidate.]
CANDIDATES’ STATEMENT
TO: POBAL
RE: Request for Responses for the [INSERT PQQ TITLE HERE]
Having examined your Request for Responses (the “PQQ”) including the Instructions to Candidates, the Selection and Award Criteria, the Requirements and Specifications and the Terms and Conditions of the Goods Contract, we hereby agree and declare the following:
1. We understand the nature and extent of the Goods required to be delivered as described in Requirements and Specifications at Appendix 1 to the PQQ.
2. We accept all of the Terms and Conditions of the PQQ, the Goods Contract and the Confidentiality Agreement, and agree if awarded a Goods Contract, to execute the Goods Contract in Appendix 6 to the PQQ and the Confidentiality Agreement at Appendix 7 to the PQQ.
3. We accept all the Qualification and Award Criteria as set out in Part 3 of the PQQ.
4. We agree to supply the Contracting Authority with the Goods in accordance with the PQQ and our Tender.
5. We agree that, if awarded any Goods Contract we shall, in the performance of such contract, comply with all applicable obligations in the field of environmental, social land labour law.
6. We confirm that we have complied with all requirements as set out at Part 2 of the PQQ.
7. We confirm that all prices quoted in our Tender will remain valid for the period of time commencing from the Tender Deadline, specified at paragraph 2.10.3 of the PQQ.
8. We shall, if awarded any Goods Contract under the PQQ, have in place on the Effective Date of the Goods Contract all insurances (if any) as required by paragraph 2.21.1 of the PQQ.
______________________________ _________________________________SIGNED COMPANY(Authorised Signatory)
_____________________________ ________________________________PRINT NAME ADDRESS
____________________________DATE
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Appendix 4: Declaration as to Personal Circumstances of Candidate
Re: Request for Responses for the Supply of [insert PQQ title here]
NAME OF CANDIDATE: _______________________________
ADDRESS: __________________________________________
I, ________________ [NAME OF DECLARANT], having been duly authorised by _______________ [ NAME OF ENTITY] sincerely declare that ______________ [NAME OF ENTITY] itself or any person has is a member of the administrative, management or supervisory body of _____________ [NAME OF ENTITY] has power of representation, decision or control in ___________ [NAME OF ENTITY].
(a) Has never been the subject of a conviction for participation in a criminal organisation, as defined in Article 2 of the Council Framework Decision 2008/841/JHA.
(b) Has never been the subject of a conviction for corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and Article 2(1) of Council Framework Decision 2003/568/JHA as well as corruption as defined in the national law of the Contracting Authority or ___________ [NAME OF ENTITY]
(c) Has never been the subject of a conviction for fraud within the mean of Article 1 of the Convention on the protection of the European Communities’ financial interests.
(d) Has never been the subject of a conviction for terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA respectively, or for inciting or aiding and abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision.
(e) Has never been the subject of a conviction for money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council.
(f) Has never been the subject of a conviction for child labour and other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council.
(g) Is not in breach of its obligations relating to the payment of taxes or social security contributions.
(h) Has, in the performance of all public contracts, complied with applicable obligations in the field of environmental, social and labour law that apply at the place where the works are carried out or the services provided, that have been established by EU law, national law, collective agreements or by international, environmental, social and labour law listed in Annex of Directive 2014/24/EU
(i) Is not bankrupt or the subject of insolvency of winding-up proceedings, its assets are not being administered by a liquidator or by the court, it is not in an arrangement with creditors, its business activities are not suspended nor is it in any analogous situation arising from a similar procedure under national laws and regulations.
(j) Is not guilty of grave professional misconduct.(k) Has not entered into agreements with other economic operators aimed at distorting
competition.(l) Is not aware of any conflict of interest due to its participation in the Competition.(m) Has not had any prior involvement in the preparation of the Competition.(n) Is not guilty of significant or persistent deficiencies in the performance of a
substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions.
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(o) Is not guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the Selection Criteria for this Competition and did not withhold such information or did not fail to submit supporting documents in respect of this Competition as required under Article 59 of Directive 2014/24/EU.
(p) Has not undertaken to unduly influence the decision-making process of the Contracting Authority in respect of the Competition, or obtain confidential information that may confer upon it undue advantages in respect of the Competition; or negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.
I understand and acknowledge that the provision of inaccurate or misleading information in this declaration may lead to my business / firm / company / partnership being excluded from participation in this or future Responses, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938. This declaration is made for the benefit of the Contracting Authority.
Signature of Declarant Name of Declarant in print or block capitals
Declared before me by _________________________________________ who is
personally known to me (or who is identified to me by __________________________
who is personally known to me) at __________________________________ this
___________ day of _______________ 20__.
________________________________(signed)Practising Solicitor/Commissioner for Oaths
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Appendix 18 - European Single Procurement Document (ESPD)Part I: Information concerning the procurement procedure and
the Contracting Authority
Reference of the relevant notice (5) published in the Official Journal of the European Union:
OJEU S number Click here and insert details, date Click here and insert date, page Click here and insert page
Notice number in the OJ S: Click here and insert notice number
If there is no call for competition in the OJEU, then the contracting authority or contracting entity must fill in the information allowing the procurement procedure to be unequivocally identified:
In case publication of a notice in the Official Journal of the European Union is not required, please give other information allowing the procurement procedure to be unequivocally identified (e.g. reference of a publication at national level)
INFORMATION ABOUT THE PROCUREMENT PROCEDURE
This information must be filled in by the Contracting Authority
Identity of the procurer (6) Answer
Name: Click here and insert details
Which procurement is concerned? Click here and insert details
Title or short description of the procurement (7): Click here and insert details
File reference number attributed by thecontracting authority or contracting entity (if applicable)(8): Click here and insert details
All other information in all sections of the ESPD to be filled in by the economic operator
5 For contracting authorities: either a prior Information Notice used a means for calling competition or Contract Notice6 Information to be copied from Section 1, point I.1, of the relevant notice. In case of joint procurement, please indicate the names of all involved procurers.7 See points II.1.1 and II.1.3 of the relevant notice8 See point II.1.1 of the relevant notice
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Part II: Information Concerning the Economic OperatorA: INFORMATION ABOUT THE ECONOMIC OPERATOR
Identification: Answer
Name: Click here and insert details
VAT-number, if applicable :
If no VAT-number is applicable, please indicate another national identification number, if required and applicable
Click here and insert details
Postal Address: Click here and insert details
Contact person or persons (9): Click here and insert details
Telephone: Click here and insert details
E-mail: Click here and insert detailsInternet address (web address) (if applicable) Click here and insert details
General Information: Answer:
Is the economic operator a Micro, a Small or aMedium-Sized Enterprise (10)?
Yes ☐ No ☐
Only in case the procurement is reserved (11): is the economic operator a sheltered workshop, a ‘social business’ (12) or will it provide for the performance of the contract in the context of sheltered employment programmes?
Yes ☐ No ☐
If yes,
What is the corresponding percentage of disabled or disadvantaged workers?
If required, please specify which category or categories of disabled or disadvantaged
Click here and insert details
9 Please repeat the information concern contact persons as many times as needed.10 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium sized enterprises, (OJ L 124, 20.5.2003, p3^)This information is required for statistical purposes onlyMicro Enterprises: enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet does not exceed EUR 2 millionSmall Enterprises: an enterprise which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet does not exceed EUR 10 million
Medium Enterprises: enterprises which are neither micro nor small and which employ fewer than 250 persons and which have an annual turnover not excessing EUR 50 million, and/or an annual balance sheet not exceeding EUR 43 million.
11 See contract notice point III.1.512 i.e its main aim is the social and professional integration of disabled or disadvantaged persons
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If applicable, is the economic operatorregistered on an official list of approved economic operators or does it have an equivalent certificate (e.g. under a national (pre)qualification system)?
Yes ☐ No ☐ Not Applicable ☐
If yes: Please answer the remaining parts ofthis Section, Section B and, where relevant, C of this part, complete Part V, where applicable, and, in any case, fill in and sign Part VI.
(a) Please provide the name of the list or
certification and the relevant registration or certification number, if applicable:
Click here and insert details
(b) If the certificate of registration orcertification is available electronically, please state:
(web address, issuing authority or body, precise reference of the documentation)
(c) Please state the references on which
the registration or certification is based, and, where applicable, the classification obtained in the official list (13):
Click here and insert details
(d) Does the registration or certificationcover all of the required selection criteria?
Yes ☐ No ☐If no:
In addition, please complete the missing information in Part IV, Sections A, B, C or D as the case may be
ONLY if this is required in the relevant notice or procurement documents;
(e) Will the economic operator be able to provide a certificate with regard to the payment of social security contributions and taxes or provide information enabling the contacting authority or contracting entity to obtain it directly by accessing anational database in any Member State
Click here and insert details
13 The references and the classification, if any, are set out on the certification.
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If the relevant documentation is availableelectronically, please indicate:
(web address, issuing authority or body, precisereference of the documentation)
Form of Participation: Answer:
Is the economic operator participating in theprocurement procedure together with others(14)?
Yes ☐ No ☐
If yes, please ensure that the others concerned provide a separate ESPD form.
If yes:
(a) Please indicate the role of the economic operator in the group (leader, responsible for specific tasks.):
Click here and insert details
(b) Please identify the other economicoperators participating in the procurement procedure together:
Click here and insert details
(c) Where applicable, name of theparticipating group: Click here and insert details
Lots: Answer:
Where applicable, indication of the lot(s) forwhich the economic operator wishes to tender: Click here and insert details
14 Notably as part of a group, consortium, joint venture or similar.
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B: INFORMATION ABOUT REPRESENTATIVES OF THE ECONOMIC OPERATOR
Where applicable, please indicate the name(s) and address(es) of the person(s) empowered to represent the economic operator for the purposes of this procurement procedure:
Representation, if any: Answer:Full Name:
Accompanied by the date and place of birth, if required
Click here and insert details
Position/Acting in the capacity of: Click here and insert details
Postal Address: Click here and insert details
Telephone: Click here and insert details
E-mail: Click here and insert details
If needed, please provide detailed information on therepresentation (its forms, extent, purpose...): Click here and insert details
C: INFORMATION ABOUT RELIANCE ON THE CAPACITIES OF OTHER ENTITIES
Reliance: Answer:
Does the economic operator rely on the capacities ofother entities in order to meet the selection criteria for this Competition as set out in part 3.2 of the ITTand the criteria and rules (if any) set out under Part V below?
Yes ☐ No ☐
If yes, please provide a separate ESPD form setting out the information required under Sections A and B of this Part and Part III for each of the entities concerned, duly filled in and signed by the entities concerned.
Please note that this should also include any technicians or technical bodies, not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, the technicians or technical bodies upon whom the economic operator can call in order to carry out the work.
Insofar as it is relevant for the specific capacity or capacities on which the economic operator replies, please include the information under Part IV for each of the entities concerned (15).
15 E.g for technical bodies involved in quality control: Part IV, Section C, point 3
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D. INFORMATION CONCERNING SUBCONTRACTORS ON WHOSE CAPACITY THE ECONOMIC OPERATOR DOES NOT RELY
Subcontracting Answer:
Does the economic operator intend to subcontract any share of the contract to third parties?
Yes ☐ No ☐If yes and in so far as known, please list the proposed subcontractors
Please provide the information required under Section A and B of this part [Delete if not applicable: and Part III] for each of the subcontractors concerned.
Part III: Exclusion groundsA: GROUNDS RELATING TO CRIMINAL CONVICTIONS
Article 57 (1) of Directive 2014/24/EU sets out the following reasons for exclusions:1. Participation in a criminal organisation (16);2. Corruption (17);3. Fraud(18);4. Terrorist offences or offences linked to terrorist activities (19);5. Money laundering or terrorist financing (20);6. Child labour and other forms of trafficking in human beings (21).
16 As defined in Article 2 of Council Framework Decision 2008/841JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p.42)17 As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p.1 and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p.54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator.18 Within the meaning of Article 1 of the Convention of the protection of the European Communities’ financial interests (OJ c 316, 27.11 1995, p.48)19 As defined in Article 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p.3) this exclusion ground also includes inciting or aiding and abetting or attempting to commit an offence, as referred to in Article 3 of that Framework Decision20 As defined in Article 1 of the Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, 9.15)21 As defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2001 on preventing and combating trafficking in human beings and protecting its victims and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p.1)
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Grounds relating to criminal convictions under national provisions implementing the grounds set out in Article 57(1) of the Directive:
Answer:
Has the economic operator itself or any personwho is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction forone of the reasons listed above, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable?
Yes ☐ No ☐
If the relevant documentation is available electronically, please indicate: (web address, issuing authority or body, precise reference of the documentation)(22):
If yes, please indicate(23):
(a) Date of conviction, specify which ofpoints 1 to 6 is concerned and the reason(s) for the conviction, date, point(s), reason(s)
(a) Identify who has been convicted: Click here and insert details
(b) Insofar as established directly in the conviction:
Click here and insert length of the period ofexclusion and the point(s) concerned
If the relevant documentation is available electronically, please indicate: (web address, issuing authority or body, precise reference of the documentation)(24):
In case of convictions, has the economicoperator taken measures to demonstrate its reliability despite the existence of a relevant ground for exclusion (25) (‘Self Cleaning’)
Yes ☐ No ☐
If yes, please describe the measures taken (26) Click here and insert details
22 Please repeat as many times as needed23 Please repeat as many times as needed24 Please repeat as many times as needed25 In accordance with national provisions implementing Article 57(6) of Directive 2014/24/EU26 Taking into account the character of the crimes committed (punctual, repeated, systematic) the explanation should show the adequacy of the measures to be taken
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B: GROUNDS RELATING TO THE PAYMENT OF TAXES OR SOCIAL SECURITY CONTRIBUTIONS
Payments of taxes or social securitycontributions: Answer:Has the economic operator met all itsobligations relating to the payment of taxes or social security contributions, both in the country in which it is established and in the Member State of the contracting authority if other than the country of establishment?
Yes ☐ No ☐
If the relevant documentation concerningpayment of taxes or social contributions is available electronically, please indicate:
Click here and insert details (web address,issuing authority or body, precise reference of the documentation)(27):
If not, please indicate: Taxes:
Social Contributions:
(a) Country or Member State concernedClick here and
insert detailsClick here and
insert details
(b) What is the amount concerned?Click here and
insertdetails
Click here and insertdetails
(c) How has this breach of obligations been
established:Click here and
insert detailsClick here and
insert details
(1) Through a judicial or administrativedecision
Is this decision final and binding? Yes ☐ No ☐ Yes ☐ No ☐ Please indicate the date of
conviction or decision.
In case of a conviction, insofar as established directly therein, the lengthof the period of exclusion:
Click here and insert details
Click here and insert details
(2) By other means? Please specify:If Yes, click here
andinsert details
If Yes, click here and
insert details(d) Has the economic operator fulfilled its
obligations by paying or entering into a binding arrangement with a view to
Yes ☐ No ☐ Yes ☐ No ☐
paying the taxes or social securitycontributions due, including, where applicable, any interest accrued or fines?
27 Please repeat as many times as needed
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If the relevant documentation concerningpayment of taxes or social contributions is available electronically, please indicate:
Click here and insert details (web address,issuing authority or body, precise reference of the documentation)(28):
C: GROUNDS RELATING TO INSOLVENCY, CONFLICTS OF INTEREST OR PROFESSIONAL MISCONDUCT (
29)
Please note that, for the purpose of this procurement, some of the following exclusion grounds may have been defined more precisely, in national law, in the relevant notice or the procurement documents. Thus, national law may for instance provide that the notion of ‘grave’ professional misconduct’ may cover several different forms of conduct.
Information concerning possible insolvency,conflict of interest or professional misconduct
Answer:
Has the economic operator, to its knowledge, breached its obligations in the fields of environmental, social and labour law (30)?
Yes ☐ No ☐If yes, has the economic operator takenmeasures to demonstrate its reliability despite the existence of these grounds for exclusion (‘Self Cleaning’)?
Yes ☐ No ☐
If it has, please describe the measures taken: Click here and insert details
Is the economic operator in any of thefollowing situations:
28 Please repeat as many times as needed29 See Article 57(4) of Directive 2014/24/EU30 As referred to for the purposes of this procurement in national law, in the relevant notice or the procurement documents or in Article 18(2) of Directive 2014/24/EU
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(a) Bankrupt, or
(b) The subject of insolvency or winding-up proceedings, or
(c) In an arrangement with creditors, or
(d) In any analogous situation arising from a similar procedure under national laws and regulations (31), or
(e) That its assets are being administered by a liquidator or by the court, or
(f) That its business activities are suspended
Yes ☐ No ☐
If yes: Please provide details: Click here and insert details
Please provide the reasons for being ablenevertheless to perform the contract, taking into account the applicable national rules and measures on the continuation of business in those circumstances (32)
Click here and insert details
If the relevant documentation is available electronically, please indicate:
Click here and insert details (web address,issuing authority or body, precise reference of the documentation):
grave professional misconduct (33)? Yes ☐ No ☐If yes, please provide details Click here and insert details
If yes has the economic operator taken self-cleaning measures?
Yes ☐ No ☐If it has, please describe the measures taken:
Has the economic operator entered into agreements with other economic operatorsaimed at distorting competition?
Yes ☐ No ☐
31 See national law, the relevant notice of the procurement documents32 This information need not be given if exclusion of economic operators in one of the cases listed under letter a to f has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract33 Where applicable, see definitions in national law, the relevant notice or the procurement documents
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If yes, please provide details: Click here and insert details
If yes has the economic operator taken self-cleaning measures?
Yes ☐ No ☐If it has, please describe the measures taken:
Is the economic operator aware of any conflictof interest (34) due to its participation in theprocurement procedure?
Yes ☐ No ☐
If yes, please provide details Click here and insert details
Has the economic operator or an undertakingrelated to it advised the contracting authority or contracting entity or otherwise been involved in the preparation of theprocurement procedure?
Yes ☐ No ☐
If yes, please provide details Click here and insert details
Has the economic operator experienced that aprior public contract or a prior concession contract was terminated early, or that damages or other comparable sanctions were imposed in connection with that prior contract?
Yes ☐ No ☐
If yes, please provide details: Click here and insert detailsIf yes has the economic operator taken self-cleaning measures?
Yes ☐ No ☐If it has, please describe the measures taken:
34 As indicated in national law, the relevant notice or the procurement documents
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Can the economic operator confirm that:
(a) It has not been guilty of serious misinterpretation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment if the selection criteria,
(b) It has not withheld such information,
(c) It has been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, and
(d) It has not undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurements procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award?
Yes ☐ No ☐
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Part IV: Selection Criteria
Concerning the selection criteria (Section α of this part), the economic operator declares that:
α: GLOBAL INDICATION FOR ALL SELECTION CRITERIA
Meeting all required selection criteria Answer
It satisfies the required selection criteria for thisCompetition as set out in part 3.2 of the ITT:
Yes ☐ No ☐
Part V: Reduction of the Number of Qualified Candidates
Not Applicable
Part VI: Concluding statements
The undersigned formally declare that the information stated under Parts II – III above is accurate and that it has been set out in full awareness of the consequences of serious misrepresentation.
The undersigned formally declare to be able, upon request and without delay, to provide the certificates and other forms of documentary evidence referred to, except where:
(a) The contracting authority has the possibility of obtaining the supporting documentation concerned directly by accessing a national database in any Member State that is available free of charge (35), or
(b) As of 18 October 2018 at the latest (36), the contracting authority or contracting entity already possesses the documentation concerned.
The undersigned formally consent to [identify the contracting authority as set out in Part 1, Section A], gaining access to documents supporting the information, which has been provided in [identify the Part/Section/Point(s) concerned] of this European Single Procurement Document for the purposes of [identify the procurement procedure: (summary description, reference of publication in the Official Journal of the European Union, reference number)].
Date, place and signature(s):
Signed: (Authorised Signatory)
35 On condition that the economic operator has provided the necessary information (web address, issuing authority or body, precise reference of the documentation) allowing the contracting authority or contracting entity to do so. Where required, this must be accompanied by the relevant consent to such access36 Depending on the national implementation of the second subparagraph of Article 59(5) of Directive 2014/24/EU
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Block Capitals: Click here and insert name
Position: Click here and insert details
Company: Click here and insert details
Registered Office: Click here and insert address
Click here and insert address
Date: Click here and insert date
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Appendix 19 Letter – Extension of Price Period
[Insert Receipiant][Insert Position][Insert Company][Insert Address]
12 May 2023
RE: [Insert Tender Title]
Dear [Insert Name],
As outlined in Section 2.10 paragraph 2.10.3 of the above advertised tender we required all prices submitted to be valid for a period of ninety (90) days.
In respect of your bid for the above tender which was dated [Insert Tender Submission Date] the above mentioned period of validity for quoted prices has now lapsed.
I am therefore writing to you to request you confirm that the prices quoted in your submission dated [Insert Tender Submission Date] are still valid. In the case that the prices outlined in your submission are still valid, please confirm same and outline what period they remain valid for.
In the case they are not valid please submit an updated cost schedule outlining the reasons for the change in pricing.
Please response with the above requested information no later than 3 working days from today’s date. If you have any additional queries please do not hesitate to contact us by emailing [email protected].
Yours Sincerely
______________________[Insert Position][Insert Name]
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Appendix 20 Checklist for Values - €25,000+This document is designed to provide a basic checklist covering the steps in a normal procurement cycle, from identifying and specifying a need to awarding a contract. While the specifics of each procurement exercise will be different, this checklist aims to provide a general reminder list to those required to undertake a procurement process.
Care should be taken to ensure the tender documentation is complete, relevant and proportionate to the need.
This checklist should be read in conjunction with the body of these Guidelines, as well as the national public procurement guidelines, Public Procurement Guidelines - Competitive Process, which provide more detailed guidance on the competitive process to be followed in the award of contracts for supplies and services. These and other guidelines are published on the national public procurement website www.etenders.gov.ie (under Guides / General Procurement Guidance).
1. Identify the Need – Is the Purchase Necessary?Before starting any procurement process, it is important to establish whether it is essential to purchase.
1.1Establish whether there is a clear business need for the product or service. The procurement should be essential for the conduct of normal business or to improve performance.
1.2Where possible, ensure that the business need addresses future phases of the service or purchase of goods that may be required.
1.3 Determine whether the products or services are already readily available within your organisation.
2. Writing the SpecificationOnce the need for, and what is needed from, a supplier or service provider has been established, the specification of requirements needs to be developed.
2.1 Base the specifications on the needs identified in the business case. 2.2
Ensure that the specifications are clear and comprehensive but not discriminatory (use generic technical specification and avoid proprietary brand names).
2.3 Ensure that the specifications present the optimum combination of whole-life-costs and/or price and quality to meet your requirements.
3. Estimating Cost (Total Contract Value)A realistic estimate of all phases of the service or product is essential as this will influence the procurement procedure to be followed and is important for budgeting purposes
3.1 Prepare a realistic estimate of all phases of the service or product. 3.2 Determine whether the estimate (exclusive of VAT) requires the tender to be carried
out through www.etenders.gov.ie (under or over EU procurement thresholds).
4. Securing Appropriate Approvals and FundingOnce a realistic estimate of cost is available the relevant budget holder should be requested to approve the expenditure in principle.
4.1 Ensure that all necessary approvals are sought in adequate time.
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5. Determine Best Procurement StrategyAdopt a procurement strategy that will minimise casual, off-contract or ‘once-off’ purchases and promote best value for money.
5.1 Check if your organisation already has a contract or framework agreement in place for the product/service.
6. Decide on Procurement Procedure to be FollowedFollowing an appropriate competitive tendering procedure will avoid breaches of national procurement policy and EU Procurement Directives. The type of competitive process to be followed can vary depending on the size and characteristics of the contract to be awarded and the nature of your organisation.
6.1 Conduct an appropriate competitive tendering procedure, determined by the Spend Thresholds laid down in Appendix II.
7. Preparing Your Invitation to Tender
7.1 Ensure that the ITT is clear and comprehensive. Clarity and completeness at this stage will help eliminate the need for clarifications later.
7.2
Set out all the criteria that will be applied in the award process, together with the relative weightings of each. These criteria will form the basis against which tenders will be comparatively evaluated and are the key to an objective, transparent award procedure.
8. Allow Sufficient Time to Submission of TendersAllow suppliers an adequate period for the preparation of tenders.
8.1 Take account of the recommended timescales (see Chapter 7) and the complexity of the contract when fixing the timescale for submitting responses.
8.2 Allow suppliers sufficient time for submitting the necessary information and preparing the tenders (taking into account holiday periods etc.).
8.3 In the case of contracts in excess of EU Directive thresholds, ensure that the timescale complies with the minimum periods specified in the Directives (see Chapter 7).
9. Issuing All Documents and Clarifications Without DelayResponses to requests for information, requests for tender documents and other supporting documentation must be issued without delay.
9.1 Issue tender documents and responses to requests for additional information in good time (normally indicated in the Invitation to Tender document).
9.2Ensure that additional information supplied to one party, in response to a request, is supplied to all interested parties if it could be significant in the context of preparing a tender.
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10. Receipt and Opening of TendersYou should ensure that proper procedures are in place for opening tenders.
10.1 Return late tenders unopened to the tenderer and record their existence and time of arrival.
10.2 Open all tenders (received on time) together as soon as possible after the designated latest time and date set for receipt of tenders.
10.3 Arrange for the opening of tenders to take place in the presence of at least two Pobal staff.
10.4 Ensure that a clear and formal independently vouched report of the tenders received is produced. i.e. Tender Opening Report
11. Clarifying TendersYou may seek additional information in clarifying submitted tenders.
11.1 Ensure that any clarification of tenders does not result in substantive alterations to bids after the deadline for submission has passed.
12. Evaluating TendersThe evaluation and award process must be demonstrably objective & transparent and based solely on the criteria published in the ITT
12.1 Arrange for the evaluation of tenders to be carried out by a suitably competent evaluation team.
12.2Evaluate price exclusive of VAT.
12.3 If price is the sole criterion, award the contract to the lowest priced bid complying with the specified requirements.
12.4 If the ‘most economically advantageous tender’ is the basis for award, award the contract to the tender that best meets the relevant published criteria.
13. Notifying TendersUnsuccessful candidates and tenderers for any public contract should be informed of the results of the tendering process without delay.
13.1Allow a 14 calendar day standstill period between notifying unsuccessful tenderers of the outcome of the tendering procedure (communicating stipulated information) and the formal award of contract to the successful candidate.
14. Debriefing Unsuccessful BiddersApart from observing the legal obligations where the provisions of the procurement Directives apply, where contracts are awarded on the basis of the most economically advantageous it is good practice to adopt a voluntary constructive policy on debriefing unsuccessful candidates (refer to Chapter 11).
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14.1Debriefing meetings may be undertaken to provide an objective assessment of the comparative strengths and weaknesses of the unsuccessful tender.
14.2Give due regard to commercial sensitivity and the need to avoid compromising the rights or competitive situation of other tenderers.
15. Checking Tax ClearanceBefore a contract is issued by Pobal the supplier or service provider must hold a current Tax Clearance Certificate (if available) and provided confirmation of their Tax Reference Number (TRN) and Tax Clearance Access Number (TCAN).
15.1 Ensure that the supplier or service provider is tax cleared
16. Awarding the ContractThe contract should be awarded to the supplier or service provider that is best able to fulfil your requirements (selected in accordance with the award criteria), whose bid is within budget and in all other aspects complies with the ITT, approval requirements, public procurement law and national guidelines.
16.1 Unless in exceptional circumstances, the Pobal standard contract must be used, this records all terms and special conditions that apply.
16.2Ensure that the contract specifies clearly the roles and responsibilities of both the client and the supplier/service provider – what needs to be done, by whom and how much it will cost.
17. Publishing Contract Award NoticeFrom 1st August 2014, for contracts awarded above €25,000, you are required to publish certain information on contracts awarded within 48 days of the award. This will aid the transparency of the procurement process and, possibly, reduce or eliminate enquiries from non-participants about the award of a contract.
17.1 Where applicable, submit the necessary information online via the eTenders site on the standard ‘Contract Award Notice’.
18. Managing the ContractThe management stage of a contract is where value for money (VFM) gained during the preceding stages is realised. A contract needs to be effectively managed by the user, not just left to the supplier. Proactive involvement in the management of the contract is essential to maximise VFM.
18.1 Maintain a record of supplier performance in order to check work/goods against the specification.
18.2 Ensure that there are procedures for identifying inadequacies/poor performance and for remedial action.
18.3
At the conclusion of the contract, review the whole procurement process, not just the supplier’s performance but also the effectiveness of the earlier stages. This review process can provide information for future procurements – in respect of developing and specifying needs, supplier selection and contract management.
Appendix 21 Checklist for Values - €209,000+ (Goods/Services)This document is designed to provide a basic checklist covering the steps in a normal procurement cycle, from identifying and specifying a need to awarding a contract. While the specifics of each
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procurement exercise will be different, this checklist aims to provide a general reminder list to those required to undertake a procurement process.
Care should be taken to ensure the tender documentation is complete, relevant and proportionate to the need.
This checklist should be read in conjunction with the body of these Guidelines, as well as the national public procurement guidelines, Public Procurement Guidelines - Competitive Process, which provide more detailed guidance on the competitive process to be followed in the award of contracts for supplies and services. These and other guidelines are published on the national public procurement website www.etenders.gov.ie (under Guides / General Procurement Guidance).
1. Identify the Need – Is the Purchase Necessary?Before starting any procurement process, it is important to establish whether it is essential to purchase.
1.1Establish whether there is a clear business need for the product or service. The procurement should be essential for the conduct of normal business or to improve performance.
1.2Where possible, ensure that the business need addresses future phases of the service or purchase of goods that may be required.
1.3 Determine whether the products or services are already readily available within your organisation.
2. Writing the SpecificationOnce the need for, and what is needed from, a supplier or service provider has been established, the specification of requirements needs to be developed.
2.1 Base the specifications on the needs identified in the business case. 2.2
Ensure that the specifications are clear and comprehensive but not discriminatory (use generic technical specification and avoid proprietary brand names).
2.3 Ensure that the specifications present the optimum combination of whole-life-costs and/or price and quality to meet your requirements.
3. Estimating Cost (Total Contract Value)A realistic estimate of all phases of the service or product is essential as this will influence the procurement procedure to be followed and is important for budgeting purposes
3.1 Prepare a realistic estimate of all phases of the service or product. 3.2 Determine whether the estimate (exclusive of VAT) requires the tender to be carried
out through www.etenders.gov.ie (under or over EU procurement thresholds).
4. Securing Appropriate Approvals and FundingOnce a realistic estimate of cost is available the relevant budget holder should be requested to approve the expenditure in principle.
4.1 Ensure that all necessary approvals are sought in adequate time.
5. Determine Best Procurement Strategy
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Adopt a procurement strategy that will minimise casual, off-contract or ‘once-off’ purchases and promote best value for money.
5.1 Check if your organisation already has a contract or framework agreement in place for the product/service.
6. Decide on Procurement Procedure to be FollowedFollowing an appropriate competitive tendering procedure will avoid breaches of national procurement policy and EU Procurement Directives. The type of competitive process to be followed can vary depending on the size and characteristics of the contract to be awarded and the nature of your organisation.
6.1 Conduct an appropriate competitive tendering procedure, determined by the Spend Thresholds laid down in Appendix II.
7. Preparing Your Invitation to Tender
7.1 Ensure that the ITT is clear and comprehensive. Clarity and completeness at this stage will help eliminate the need for clarifications later.
7.2
Set out all the criteria that will be applied in the award process, together with the relative weightings of each. These criteria will form the basis against which tenders will be comparatively evaluated and are the key to an objective, transparent award procedure.
8. Allow Sufficient Time to Submission of TendersAllow suppliers an adequate period for the preparation of tenders.
8.1 Take account of the recommended timescales (see Chapter 7) and the complexity of the contract when fixing the timescale for submitting responses.
8.2 Allow suppliers sufficient time for submitting the necessary information and preparing the tenders (taking into account holiday periods etc.).
8.3 In the case of contracts in excess of EU Directive thresholds, ensure that the timescale complies with the minimum periods specified in the Directives (see Chapter 7).
9. Issuing All Documents and Clarifications Without DelayResponses to requests for information, requests for tender documents and other supporting documentation must be issued without delay.
9.1 Issue tender documents and responses to requests for additional information in good time (normally indicated in the Invitation to Tender document).
9.2Ensure that additional information supplied to one party, in response to a request, is supplied to all interested parties if it could be significant in the context of preparing a tender.
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10. Receipt and Opening of TendersYou should ensure that proper procedures are in place for opening tenders.
10.1 Return late tenders unopened to the tenderer and record their existence and time of arrival.
10.2 Open all tenders (received on time) together as soon as possible after the designated latest time and date set for receipt of tenders.
10.3 Arrange for the opening of tenders to take place in the presence of at least two Pobal staff.
10.4 Ensure that a clear and formal independently vouched report of the tenders received is produced. i.e. Tender Opening Report
11. Clarifying TendersYou may seek additional information in clarifying submitted tenders.
11.1 Ensure that any clarification of tenders does not result in substantive alterations to bids after the deadline for submission has passed.
12. Evaluating TendersThe evaluation and award process must be demonstrably objective & transparent and based solely on the criteria published in the ITT
12.1 Arrange for the evaluation of tenders to be carried out by a suitably competent evaluation team.
12.2Evaluate price exclusive of VAT.
12.3 If price is the sole criterion, award the contract to the lowest priced bid complying with the specified requirements.
12.4 If the ‘most economically advantageous tender’ is the basis for award, award the contract to the tender that best meets the relevant published criteria.
13. Notifying TendersUnsuccessful candidates and tenderers for any public contract should be informed of the results of the tendering process without delay.
13.1Allow a 14 calendar day standstill period between notifying unsuccessful tenderers of the outcome of the tendering procedure (communicating stipulated information) and the formal award of contract to the successful candidate.
14. Debriefing Unsuccessful BiddersApart from observing the legal obligations where the provisions of the procurement Directives apply, where contracts are awarded on the basis of the most economically advantageous it is good practice to adopt a voluntary constructive policy on debriefing unsuccessful candidates (refer to Chapter 11).
14.1Debriefing meetings may be undertaken to provide an objective assessment of the comparative strengths and weaknesses of the unsuccessful tender.
14.2Give due regard to commercial sensitivity and the need to avoid compromising the rights or competitive situation of other tenderers.
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15. Checking Tax ClearanceBefore a contract is issued by Pobal the supplier or service provider must hold a current Tax Clearance Certificate (if available) and provided confirmation of their Tax Reference Number (TRN) and Tax Clearance Access Number (TCAN).
15.1 Ensure that the supplier or service provider is tax cleared
16. Awarding the ContractThe contract should be awarded to the supplier or service provider that is best able to fulfil your requirements (selected in accordance with the award criteria), whose bid is within budget and in all other aspects complies with the ITT, approval requirements, public procurement law and national guidelines.
16.1 Unless in exceptional circumstances, the Pobal standard contract must be used, this records all terms and special conditions that apply.
16.2Ensure that the contract specifies clearly the roles and responsibilities of both the client and the supplier/service provider – what needs to be done, by whom and how much it will cost.
17. Publishing Contract Award NoticeFrom 1st August 2014, for contracts awarded above €25,000, you are required to publish certain information on contracts awarded within 48 days of the award. This will aid the transparency of the procurement process and, possibly, reduce or eliminate enquiries from non-participants about the award of a contract.
17.1 Where applicable, submit the necessary information online via the eTenders site on the standard ‘Contract Award Notice’.
18. Managing the ContractThe management stage of a contract is where value for money (VFM) gained during the preceding stages is realised. A contract needs to be effectively managed by the user, not just left to the supplier. Proactive involvement in the management of the contract is essential to maximise VFM.
18.1 Maintain a record of supplier performance in order to check work/goods against the specification.
18.2 Ensure that there are procedures for identifying inadequacies/poor performance and for remedial action.
18.3
At the conclusion of the contract, review the whole procurement process, not just the supplier’s performance but also the effectiveness of the earlier stages. This review process can provide information for future procurements – in respect of developing and specifying needs, supplier selection and contract management.
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