Sampling and Analysis of Private Water Supplies in County Wexford

AI-generated analysis of the documents. Check the official notice and any amendments for current submission details.

1. At a glance

2. Scope of Work

Wexford County Council requires a service provider to undertake the sampling and analysis of drinking water from approximately 190 public, private water, and group schemes within County Wexford. This service is mandated by S.I. No. 99/2023 - European Union (Drinking Water) Regulations 2023. The contract duration is two years, with a potential for two one-year extensions, subject to annual review and mutual agreement. The indicative budget for the contract is €100,000 over the two-year period.

The core activities for the appointed contractor include:

• Compliance Sampling and Analysis: Conducting 'check' (Group A) and 'audit' (Group B) sampling and analysis for drinking water parameters as defined by S.I. No. 99/2023. This includes parameters listed in Tables 1-2 of the tender documentation. The majority of the approximately 190 entities will be sampled twice annually, with most samples being 'check' samples.
• Investigative Sampling: Performing occasional investigative sampling as requested by the Council. These typically involve duplicate samples or resamples following exceedances, focusing on parameters such as coliforms, E.coli, and sometimes free and total chlorine. Other parameters, including nitrates, iron, manganese, and EU watch list parameters, may also be requested.
• Accreditation Requirements: All analysis of parameters in compliance samples must be accredited to INAB (or equivalent) for relevant parameters, except for taste, odour, free and total chlorine. Investigative samples do not require accreditation. The laboratory appointed, or any sub-contracted laboratory, must hold this accreditation.
• Reporting: Reporting of all sampling and analysis results to Wexford County Council. Analysis certificates must be sent as soon as available, or within four weeks of sampling, whichever is sooner.
• Parameter Compliance: The level of analysis, including Limits of Detection, must comply with the requirements cited in Part 3 of the Schedule in S.I. No. 99/2023.
• Scheme Additions: The service provider must accommodate up to 15 additional schemes expected to be added during 2026, with sampling and analysis conducted at tender rates.
• Contract Management: Nominate a dedicated contract manager responsible for the overall working relationship, performance reporting, KPI adherence, dispute resolution, and proactive suggestions for service improvement and cost savings. Contract management activities are non-billable.

3. Background & buyer context

Wexford County Council is procuring these services to fulfil its statutory obligations under S.I. No. 99/2023 - European Union (Drinking Water) Regulations 2023. The current compliance sampling contract is scheduled to end on December 31st, 2026, necessitating a new procurement process. The Council is responsible for monitoring certain group water schemes and private premises with wells, including caravan parks, schools, and estates, to ensure drinking water quality standards are met. This procurement aligns with the Council's environmental protection and public health responsibilities. No incumbent contractor is explicitly named, but the timing suggests a transition from an existing arrangement.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered for evaluation. These are assessed on a pass/fail basis.

• Turnover requirement:
• Average annual turnover exceeding €180,000 for the last two of the last three years.
• Pro-rata turnover applies for more recently established firms.
• The firm must have been in existence for at least 6 months.
• Insurance:
• Employer’s Liability: €13 million
• Public Liability: €6.5 million
• Product Liability: €6.5 million
• Professional Indemnity: €1 million
• Environmental Liability Impairment (EIL): €6.5 million (where risk of gradual pollution or contamination exists)
• Cyber Liability: Not specified for this tender
• Certifications:
• Laboratory accreditation to INAB (or equivalent) for all relevant parameters is mandatory for compliance samples.
• Evidence of operation of health & safety systems in line with Safety Health & Welfare at Work legislation.
• Evidence of a quality assurance policy and systems (3rd party certification encouraged).
• Evidence of an appropriate environmental management system (3rd party certified or in-house).
• Past experience: Not explicitly quantified in terms of number of projects, but demonstrated through the "Relevant experience of staff involved" award criterion.
• Personnel: Tenderers must demonstrate access to the minimum number of skilled personnel as defined in the Tender Response Document (TRD). Specific roles and minimum years of experience are not detailed in the provided extract but will be in the TRD.
• Geographic / facility constraints:
• Access to two data centres located within the European Economic Area (EEA) or a country with an EU adequacy decision for data hosting.

5. Award criteria & scoring

The contract will be awarded to the most economically advantageous compliant tender. Tenders are evaluated against award criteria after meeting the selection criteria. The overall weighting is 10,000 marks.

Qualitative award criteria are assessed first. The lowest cost tender meeting minimum qualitative requirements receives maximum cost score. A tie-break will favour the tenderer with the highest overall quality score, or the highest score on the highest weighted qualitative criterion if quality scores are identical.

6. Submission requirements

Tenders must be submitted electronically via the eTenders postbox facility on www.etenders.gov.ie. Tenders submitted by any other means will not be accepted.

The submission must include:

• Tender Response Document (TRD): This mandatory document must be used without personalization or branding.
• Pricing Document: A separate pricing document is required.
• ZIP File: The complete tender response must be uploaded as a ZIP file.
• Declarations:
• Declaration of Bona Fides (as per Art. 57 of Directive 2014/24/EU).
• Declaration of compliance with statutory obligations.
• European Single Procurement Document (ESPD) (electronic or separate attachment).
• Declaration regarding International Procurement Instrument (2022/1031) and Regulation 2022/576.
• Evidence of Capacity: Information demonstrating compliance with selection criteria (financial standing, insurance, technical capacity, personnel, H&S, QA, EMS).
• CVs: Not explicitly mentioned as a separate submission item, but implied within "Relevant experience of staff involved" award criterion.
• Case Studies: Not explicitly mentioned.
• Mandatory site visit: Not applicable for this tender.
• Submission Portal: www.etenders.gov.ie. Tenderers must associate their company with the competition on eTenders before submission.

7. Key dates & process

These dates are estimates and cannot be guaranteed.

8. Contract terms that matter

• Term: 2 years, with an option to extend for two additional years on a yearly review basis.
• Payment terms: Not specified in the provided extract, but prompt payment is a general clause.
• SLAs/KPIs: To be agreed with the Contracting Authority, reviewed by the contract manager.
• Liquidated damages: Not specified.
• Termination: The Contracting Authority reserves the right to terminate if commercial arrangements become uncompetitive due to external factors (e.g., customs union changes). Termination will follow contract terms.
• IP ownership: Not specified.
• Sub-contracting: Permitted, but reliance on subcontractor capacity requires proof and subcontractors exceeding 10% of contract value must meet exclusion criteria.
• Parent-company guarantee/bond: Not specified.

9. Risks, red flags & unusuals

• Indicative Budget vs. Contract Value: The indicative budget of €100,000 over two years is relatively low for a service requiring accredited laboratory analysis and nationwide coverage (though this is County Wexford specific). This suggests a potential focus on cost-effectiveness.
• Turnover Requirement: The turnover requirement of €180,000 average annual turnover is significantly higher than the indicative contract value, potentially favouring larger, established firms or requiring SMEs to form consortia.
• Accreditation Focus: The strong emphasis on laboratory accreditation for compliance samples (except for specific parameters) means only labs with this capability can realistically bid for the core service.
• Data Centre Location: The requirement for data centres within the EEA or an adequate protection country is a standard but important technical constraint for data handling.
• Contract Management Non-Billable: The explicit statement that contract management activities are non-billable means this cost must be absorbed within the overall tender price.

10. SME fit assessment

This tender is likely open to SMEs that possess accredited laboratory facilities for water analysis and meet the financial and insurance thresholds.

• Credible Bidders: Accredited environmental testing laboratories, potentially those already serving local authorities or water utilities. Firms must have been established for at least six months and demonstrate a turnover exceeding €180,000 annually.
• Consortium/Sub-contracting: SMEs are encouraged to form relationships with other SMEs or larger enterprises to meet capacity requirements. Sub-contracting is permitted, but reliance on a subcontractor's capacity requires proof.
• Bid-Prep Effort: Significant effort will be required to complete the TRD, gather financial and insurance evidence, detail methodologies, and present staff experience. This could range from 5-15 days for a well-prepared SME.
• Pwin Signal: The turnover requirement exceeding the indicative contract value suggests a preference for established entities. The mandatory accreditation for compliance samples narrows the field. The absence of a named incumbent does not necessarily indicate a lack of incumbent advantage, as they may re-tender.

11. Where to dig deeper

• Source RFT Filename: WCC_2A_RFT_Contract_OpenProcedure_Water_testing.docx
• eTenders CFT ID: Not explicitly stated in the provided text.
• Contact for Queries: Messaging facility on www.etenders.gov.ie
• Key Attachments:
• Tender Response Document (TRD)
• Appendix 1 – Contract Terms and Conditions
• Pricing Document