Supply, delivery and installation of Christmas trees

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

This tender seeks the supply, delivery, and installation of Christmas trees across various public realm locations within Fingal County. The contract duration is for 12 months from the submission deadline. The contractor will be responsible for the entire lifecycle of the Christmas trees, from sourcing to installation and subsequent removal.

The core activities include:

• Supply: Sourcing and providing Christmas trees suitable for public display. The specific type, size, and quality requirements will be detailed in Schedule B of the Services Contract.
• Delivery: Transporting the trees to designated public realm locations countywide. The logistics of delivery, including timing and coordination with the client, will be a key component.
• Installation: Erecting and securing the Christmas trees in their designated locations. This will require appropriate equipment and expertise to ensure safe and stable placement. The contract references a specific requirement for an "8-wheeler truck with truck mounted timber crane that has a 14metre reach," indicating the scale and type of equipment potentially needed for installation.
• Maintenance (implied): While not explicitly detailed as a separate deliverable, the nature of public installations suggests a requirement for ensuring the trees remain in good condition and securely positioned throughout the display period.
• Removal: Dismantling and removing the trees and associated materials from public locations once the display period concludes.

The contract will be governed by the Services Contract, which incorporates the Request for Tenders (RFT) and the contractor's submission. Schedule B of the Services Contract will detail the "nature, quality, time of delivery, key personnel and functional specifications of the Services," collectively referred to as the "Specification." The contractor must provide services in accordance with this Specification, the RFT, and the Client's directions.

3. Background & buyer context

Fingal County Council is procuring Christmas trees for public realm locations countywide. The tender is part of the council's annual seasonal public amenity provision. The contract is for a 12-month period, suggesting an annual procurement cycle for this service. The RFT references an OJEU Notice No. 2022/S 199-564454, indicating a previous procurement process for similar services. The council has achieved ISO 50001 Energy Management accreditation, which may influence broader sustainability considerations in service delivery, although not explicitly stated as a tender requirement for this specific contract.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered:

• Turnover requirement:
• Minimum average annual turnover of €100,000 for each of the three (3) immediately preceding financial years.
• Insurance:
• Employers Liability: €13,000,000
• Public Liability: €6,500,000
• Professional Indemnity: €2,000,000
• Past experience: Not specified for this tender.
• Personnel: Key personnel assigned to the services must be available for the Term of the Agreement. Specific experience or qualifications for these roles are not detailed in the provided extract.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

The award criteria and scoring mechanism are not detailed in the provided extract. The tender documents state that the contract will be awarded based on the terms and conditions outlined in the Services Contract, RFT, and the contractor's submission. The pricing schedule (Schedule C) will detail the charges.

6. Submission requirements

The submission requirements are not fully detailed in the provided extract. However, based on standard tender processes and the contract structure, bidders will likely need to provide:

• A response to the RFT, detailing how they will meet the Specification.
• A Pricing Schedule (Schedule C) outlining the proposed charges for the services.
• Confirmation of insurance coverage meeting the specified levels.
• Evidence of meeting the minimum annual turnover requirement.
• Details of Key Personnel assigned to the contract.
• Declarations regarding personal circumstances and exclusion grounds (as referenced in clause 4A.6 of the Services Contract).
• Any other documentation required by the RFT, which is not fully provided here.

The Services Contract states that "any Contractor pre-printed terms and conditions are hereby disallowed."

7. Key dates & process

The Tender Validity period is stated as 12 months from the deadline for submission.

8. Contract terms that matter

• Term: The Agreement takes effect on the Effective Date and expires on a specified date, unless terminated or extended. The initial term is 12 months from the submission deadline.
• Payment: Charges are exclusive of VAT. Payment is subject to contractor compliance with the agreement, submission of valid invoices with supporting documentation, and the client possessing the contractor's current Tax Clearance Certificate. Invoices are deemed accepted if no queries are raised within 14 calendar days. Late payment regulations apply.
• Key SLAs/KPIs: Time of delivery is of the essence. Failure to deliver within the specified time may lead to termination or the client ordering elsewhere and recovering excess costs.
• Liquidated damages: Not explicitly detailed, but clause 5C allows the client to recover excess prices if the contractor fails to deliver. Clause 5F allows for a retention amount (10% of charges) to be withheld if the client is dissatisfied with performance, payable upon remedy.
• Termination: The client can terminate with one month's written notice. The contractor can terminate with three months' written notice. Immediate termination is possible for serious breaches (if not remedied within 30 days), insolvency, conflicts of interest, or registrable interests. Force majeure events continuing for 14 days also allow for termination with 14 days' notice.
• IP Ownership: All IPR in "Materials" (reports, data, manuals, recordings, etc.) produced for the agreement vest in the Client. The Contractor assigns all IPR in these materials to the Client.
• Sub-contracting: The Contractor is the prime contractor and assumes full responsibility for its subcontractors. The Client can require the replacement of a subcontractor if exclusion grounds apply. Sub-contracts must include a right for the Contractor to terminate if exclusion grounds apply to the subcontractor.
• Parent-company guarantee or bond: Not specified.

9. Risks, red flags & unusuals

• Indicative Budget vs. Value: The indicative budget range is €60,000 to €85,000 excluding VAT, aligning with the stated tender value of €85,000. This suggests a relatively small contract value.
• Tight Turnaround (Implied): While specific go-live dates are not provided, the nature of Christmas tree supply implies a critical, time-sensitive delivery window. Any delays in the procurement or mobilisation phase could significantly impact the service delivery.
• Specific Equipment Mention: The reference to an "8-wheeler truck with truck mounted timber crane that has a 14metre reach" suggests a specific operational requirement that may limit the pool of potential bidders or necessitate investment in particular equipment.
• No Minimum Order Guarantee: Clause 4A.10 explicitly states, "the Client shall be under no obligation to purchase any minimum number or value of Services." This means the actual call-off value could be lower than the stated €85,000.
• Contractual Priority: The Services Contract establishes a clear order of priority for governing documents, with the Agreement itself and its schedules taking precedence over the RFT and the Submission.

10. SME fit assessment

This tender is likely suitable for small to medium-sized enterprises (SMEs) with demonstrated experience in horticultural supply, logistics, and installation, particularly for seasonal public displays.

• Credible Bidders: A viable bidder would need to demonstrate a consistent annual turnover of at least €100,000 over the last three years and possess the required insurance levels (€13m Employers Liability, €6.5m Public Liability, €2m Professional Indemnity). Experience in handling large-scale public installations, potentially involving specialised lifting equipment, would be advantageous.
• Consortium/Sub-contracting: The contract allows for sub-contracting, provided the prime contractor assumes full responsibility and ensures subcontractors comply with the agreement. This allows smaller firms to bid by bringing in specialist partners for specific tasks (e.g., transport, crane operation).
• Indicative Bid-Prep Effort: Estimating bid preparation effort is difficult without the full RFT. However, given the turnover and insurance requirements, and the need to detail operational plans, a small business might allocate 5-10 working days for preparation, potentially involving legal and insurance review.
• Pwin Signal: The tender is for a specific, seasonal service with a modest value. There is no explicit indication of an incumbent, but the reference to a previous OJEU notice suggests a competitive process. The lack of a minimum order guarantee means the actual contract value could be lower than the stated €85,000, which might deter larger firms.

11. Where to dig deeper

• Source RFT filename: [draft FCC 350 26 Services Contract and Confidentiality Agreement.pdf]
• eTenders CFT ID: Not specified in the provided text.
• Contact email or clarification portal: www.etenders.gov.ie (messaging facility)
• Most important attachments:
• Services Contract and Confidentiality Agreement
• Schedule B (Specification)
• Schedule C (Charges/Pricing Schedule)