AI-Enabled Adult Patient Communication Simulators

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

The procurement is for the supply, delivery, and commissioning of AI-enabled adult patient communication simulators. The contract will involve the Contractor providing these Goods to the Donegal Education and Training Board (ETB). The ETB serves approximately 34,000 students across its area.

The core activities for the successful bidder include:

• Supply of Goods: Providing AI-enabled adult patient communication simulators as detailed in Schedule B (The Specification). This includes ensuring the Goods meet specified nature, quantity, quality, and functional specifications.
• Delivery: Delivering the Goods to locations specified by the Contracting Authority within Ireland. Delivery is to be carriage paid to various locations as specified in orders, including necessary delivery documentation. Pending delivery, the Goods remain at the risk of the Contractor. Delivery includes unloading, stacking, or installation by the Contractor's staff, agents, or carriers at the Contracting Authority's premises.
• Commissioning: This involves the setup and initial operationalisation of the simulators to ensure they function as per the Specification.
• Compliance with Specification: The Goods must conform to the description given by the Contractor in the Tender and the Specification (Schedule B). Manufacture, distribution, and processes employed must comply with representations made in the Tender.
• Warranties and Guarantees: The Contractor guarantees the Goods for a specified period from the date of delivery against faulty materials or workmanship.
• Instruction: Where indicated in the Specification, the Charges will include the cost of instruction of the Contracting Authority's personnel in the use and maintenance of the Goods.
• Compliance with Laws and Standards: The Contractor must comply with all applicable health and safety legislation, including the Safety, Health and Welfare at Work Act 2005, and all associated Regulations. They must also comply with all applicable laws, including environmental, social, and labour law, established by EU law, national law, collective agreements, and international law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016.
• Independent Contractor Status: The Contractor operates as an independent contractor, not an employee of the Contracting Authority.

The contract documents specify that any pre-printed terms and conditions from the Contractor are disallowed. Delivery time is of the essence.

3. Background & buyer context

This procurement is initiated by the Donegal Education and Training Board (ETB). The ETB provides educational services to approximately 34,000 students across its designated area. The acquisition of AI-enabled adult patient communication simulators is intended to enhance the training and educational resources available to these students. The specific policy drivers or programmes this fits into are not detailed in the provided text, but it aligns with the general need for modern, technology-enhanced learning tools within the education sector. No incumbent supplier is mentioned. The procurement is being conducted via the Irish government's eTenders platform.

4. Eligibility & selection criteria

The following are the minimum requirements for bidders to be considered:

• Turnover requirement: Not specified for this tender.
• Insurance:
• Employers Liability: €12.7 million
• Public Liability: €6.5 million
• Product Liability: €6.5 million
• Certifications: Not specified for this tender.
• Past experience: Not specified for this tender.
• Personnel: Not specified for this tender.
• Geographic / facility constraints: Not specified for this tender.

Bidders must comply with the minimum requirements laid down in the specification. They must also provide their Tax Clearance Access Number and Tax Reference Number for verification.

5. Award criteria & scoring

The award criteria are not fully detailed in the provided text. However, it is stated that the evaluation will consider "The lowest cost tender that also meets all of the minimum requirements of the qualitative" aspects. This indicates a price-driven award, likely with a strong emphasis on meeting all mandatory technical and qualitative specifications. The exact weighting between price and quality is not specified.

6. Submission requirements

The specific submission requirements are not fully detailed in the provided text. However, based on standard public procurement practices and the contract documents, bidders will likely need to submit:

• Tender Response: A comprehensive response detailing how they will meet the Specification (Schedule B).
• Pricing Schedule: A detailed breakdown of costs as per Schedule C (Charges).
• Declarations:
• Declaration as to Personal Circumstances of Tenderer (confirming no exclusion grounds apply).
• Tax Clearance Certificate.
• Insurance Documentation: Proof of meeting the minimum insurance requirements.
• Method Statement/Technical Proposal: Detailing the proposed Goods and their compliance with the Specification.
• CVs: For key personnel involved in delivery or instruction, if required by the Specification.
• Case Studies: Potentially required to demonstrate relevant experience.
• Submission Portal: Tenders must be submitted via the eTenders platform.

Any Contractor pre-printed terms and conditions are disallowed.

7. Key dates & process

The contract open for acceptance by the Contracting Authority is for a period of 12 months from the submission deadline.

8. Contract terms that matter

• Term & Extension: The Agreement has an initial Term, with the Contracting Authority reserving the right to extend it for periods up to a specified number of months, with a maximum number of such extensions permitted.
• Payment Terms: Payment of Charges is subject to Contractor compliance with the Agreement, furnishing valid invoices with supporting documentation, and possession of a current Tax Clearance Certificate. Invoices are subject to a 14-day query period. The European Communities (Late Payment in Commercial Transactions) Regulations, 2012 apply. Professional Services Withholding Tax may be retained.
• Key SLAs/KPIs: Not explicitly detailed in the provided text, but Schedule D (Service Levels / Service Level Agreement) is referenced.
• Liquidated Damages: Option E allows for deduction of a percentage per week for late delivery, up to a maximum percentage of the Charges, as liquidated damages. If the threshold is met or exceeded, the Contracting Authority can claim further remedies or terminate the Agreement.
• Termination: Either party may terminate at 14 days' notice if a Force Majeure Event continues for a specified number of calendar days. Termination can also occur due to Contractor breach, failure to deliver Goods of approved quality, or if exclusion grounds under Regulation 57 apply.
• IP Ownership: Not explicitly detailed.
• Sub-contracting: The Contractor is the prime contractor and assumes full responsibility for its Subcontractors. Sub-contracts must include a right for the Contractor to terminate if exclusion grounds apply to the Subcontractor.
• Parent-Company Guarantee/Bond: Not specified for this tender.

9. Risks, red flags & unusuals

• Price-Driven Award: The emphasis on "lowest cost tender that also meets all of the minimum requirements" suggests a strong price focus. Bidders must ensure their pricing is competitive while fully meeting all technical specifications.
• Unspecified Value: While an indicative budget of €140,000 (excluding VAT) is mentioned, the official "Estimated value" is "not disclosed". This can create uncertainty for bidders regarding the scale and budget allocation.
• Broad Insurance Requirements: The insurance cover required (e.g., €12.7 million Employers Liability) is substantial and may be a barrier for smaller or newer entrants.
• Lack of Detail on Specification/Evaluation: Key details regarding the exact specification of the simulators and the qualitative evaluation criteria are not fully provided in the extracted text, requiring bidders to carefully review the full tender documents.
• Potential for Liquidated Damages: Clause 2E outlines a liquidated damages regime for late delivery, which could impose significant financial penalties if not managed carefully.

10. SME fit assessment

This tender appears to be structured to attract competitive pricing, potentially favouring suppliers with efficient operations.

• Who can credibly bid: Bidders should be suppliers of medical or educational simulation equipment with expertise in AI-enabled technology. The substantial insurance requirements (€12.7m Employers Liability, €6.5m Public/Product Liability) suggest that very small or newly established businesses might find these thresholds challenging. Companies with a proven track record in supplying similar goods to public bodies or educational institutions would be well-positioned.
• Consortium/Sub-contracting: The contract documents mention Subcontractors and the Contractor's responsibility for them, implying that consortia or subcontracting arrangements are permissible, provided the prime contractor meets all obligations.
• Indicative bid-prep effort: Given the need to comply with detailed contract terms, insurance requirements, and likely a specific technical specification, bid preparation could require 10-20 days of effort for a focused team, including technical, legal, and commercial input.
• Pwin signal: The "lowest cost" award criterion suggests that price will be a significant factor. The absence of specific past winners or incumbent information makes it difficult to assess Pwin. However, the insurance requirements and the nature of the goods (AI-enabled simulators) suggest a market with a limited number of specialist suppliers.

11. Where to dig deeper

• Source RFT Filename(s): Not specified in the provided text.
• eTenders CFT ID: Not specified in the provided text.
• Contact Email/Clarification Portal: Clarifications must be submitted via the messaging facility on www.etenders.gov.ie.
• Most Important Attachments:
• Appendix 3 Donegal ETB CONTRACT T and Cs GOODS.docx (CONTRACT TERMS AND CONDITIONS)
• Schedule B: Goods: The Specification
• Schedule C: Charges