Employer’s Representative Services on Developer Design and Build Apartment Development - Mooretown 1, Swords, Co. Dublin

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 contract requires the provision of Employer's Representative (ER) and Employer's Agent (EA) consultancy services for a Design and Build apartment development at Mooretown 1, Swords, Co. Dublin. The project involves the construction of 105 residential units across Blocks A-E. The consultant will act as the Client's representative, overseeing the design and build process, ensuring adherence to contract terms, and managing the relationship between the Client and the appointed construction contractor.

The scope of services includes:

• Employer's Representative (ER) duties: This involves acting on behalf of Tuath Housing Association Ltd in managing the construction contract. This includes interpreting contract documents, issuing instructions, assessing and certifying payments, managing variations, and generally overseeing the execution of the works.
• Employer's Agent (EA) duties: This role typically involves managing the financial aspects of the construction contract, including assessing interim payments, valuing variations, and agreeing on final accounts.
• Project Supervisor Design Process (PSDP) services: The consultant will be responsible for fulfilling the duties of the PSDP, ensuring that health and safety aspects are considered throughout the design phase of the project. This involves planning, managing, and monitoring the design process to ensure health and safety.
• Design review and oversight: The consultant will review contractor-submitted designs to ensure they meet the project's specifications, performance requirements, and relevant standards.
• Contract administration: Managing the construction contract, including issuing notices, responding to contractor queries, and ensuring compliance with contractual obligations.
• Quality assurance: Monitoring the quality of construction works and materials, and ensuring that the contractor adheres to specified quality standards.
• Defects liability period management: Overseeing the defects liability period, including inspecting for defects, agreeing on remedial works, and certifying practical completion and final completion.
• Reporting: Providing regular progress reports to the Client on all aspects of the project.

The project is described as a "Design and Build" contract, meaning the contractor is responsible for both the design and construction of the development. The consultant's role is to represent the Client's interests within this framework. The total contract period is stated as 21 months, with a 9-month construction program and a 12-month defects period.

3. Background & buyer context

This procurement is being undertaken by Tuath Housing Association Ltd, a registered charity and approved housing body. The project, Mooretown 1, Swords, Co. Dublin, involves the development of 105 apartment units. The procurement aligns with the broader objective of delivering social and affordable housing. The contract is for consultancy services related to a Design and Build apartment development. The Standard Conditions of Engagement for Consultancy Services (Technical) document, published by the Office of Government Procurement, forms part of the contractual framework. The estimated value of the contract is €120,000.00.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered:

• Turnover requirement: Not specified for this tender.
• Insurance:
• Professional Indemnity Insurance: Minimum €6,500,000 cover on each and every claim basis.
• Public Liability Insurance: Minimum €6,500,000 cover in respect of any one accident.
• Employer's Liability Insurance: Minimum €13,000,000 cover in respect of any one accident.
• Certifications:
• Evidence of minimum Level 7 Qualified Membership of an appropriate recognised Professional Construction Institute is required.
• Bidders must confirm their tax compliance status via a Tax Clearance Access Number and Tax Reference Number for online verification by Revenue.
• Past experience: Bidders must provide Certificates of Satisfactory Delivery of Services for previous projects of a similar nature. The format for these certificates is provided in SAQ Appendix-B3-QC1-and-QC2.docx. A minimum of 3 instances of the certificate format are provided, suggesting at least 3 comparable projects are expected.
• Personnel: Not specified for this tender, beyond the requirement for Level 7 Qualified Membership.
• 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 will specify how bids will be evaluated once bidders have met the eligibility and selection criteria. Typically, public sector tenders in Ireland use a Most Economically Advantageous Tender (MEAT) approach, which balances price and quality. The specific weighting for price versus quality, and the sub-criteria within each, would be detailed in the full tender documentation.

6. Submission requirements

Bidders are required to submit the following:

• Suitability Assessment Questionnaire (SAQ): This is a comprehensive document requiring detailed responses across several appendices.
• Appendix A (QC1 & QC2): Grounds relating to criminal convictions, payment of taxes/social security, insolvency, conflicts of interest, and professional misconduct.
• Appendix B1 (QC1 & QC2): List of previous projects/Certificate of Satisfactory Execution. Applicants must organise and list certificates in order of precedence.
• Appendix B3 (QC1 & QC2): Certificate of Satisfactory Delivery of Services.
• Appendix D (QC1 & QC2): On letterhead of entity being relied upon, confirming availability of capacities if a consortium or subcontractor is used.
• Appendix C (QC1 & QC2): Confirmation from an insurance undertaking or intermediary regarding insurance facilities.
• Pricing Schedule: Format not specified, but required.
• Declarations:
• Tax Clearance Certificate: Bidders must provide their Tax Clearance Access Number and Tax Reference Number for online verification.
• Bona Fides, Conflict of Interest declarations are embedded within the SAQ.
• Method Statement / Response Document: Not explicitly mentioned as a separate document, but the SAQ serves this purpose.
• CVs: Not explicitly mentioned as a separate requirement, but may be requested as part of the SAQ or for key personnel.
• Case Studies: Not explicitly mentioned as a separate requirement.
• Mandatory Site Visit: Not specified for this tender.
• Submission Portal: Bids must be submitted via the eTenders platform. Specific format rules for electronic copies are not detailed, but the SAQ indicates "Number and type of Electronic Copies of Tender: Not applicable," suggesting electronic submission via the portal is the primary method.

7. Key dates & process

8. Contract terms that matter

• Contract Length: The total contract period is 21 months, comprising a 9-month construction program and a 12-month defects period.
• Payment Terms: Not specified in the provided text, but standard public sector payment terms (e.g., 30 days) are likely.
• Key SLAs/KPIs: Not specified. Performance will likely be assessed against the successful completion of the Employer's Representative and Employer's Agent duties, and adherence to the project timeline and budget.
• Liquidated Damages: Not specified for the consultant's services.
• Termination Clauses: The Standard Conditions of Engagement (Section 14) detail termination rights for both parties. The Client can terminate for cause (e.g., consultant's breach, insolvency) or at will. Termination for cause by the consultant is also outlined. Effects of termination and compensation are addressed.
• IP Ownership: Section 13 of the Standard Conditions of Engagement covers Intellectual Property Rights, including general rights, licence, assignment, design features, and payment.
• Sub-contracting: Section 3 of the Standard Conditions of Engagement states that the Consultant may not validly sub-contract performance of any Services unless agreed or requested by the Client. If sub-contracting occurs, the consultant must procure a collateral warranty in favour of the Client. The consultant remains responsible for the acts and omissions of sub-consultants.
• Parent Company Guarantee / Bond: Not specified. However, Section 3.4 of the SAQ (Appendix D) requires confirmation from entities relied upon for financial or economic standing to execute a Reliance Guarantee, and for technical competency, a Reliance Warranty or Collateral Warranty.

9. Risks, red flags & unusuals

• Low Estimated Value vs. Insurance Requirements: The estimated contract value of €120,000 is significantly lower than the mandatory insurance cover requirements (€6.5m PI, €6.5m PL, €13m EL). This suggests the value may represent only a portion of the overall project consultancy fees, or the insurance is a blanket requirement for the firm, not specific to this contract's value. Bidders must ensure they can meet these high insurance thresholds regardless of the contract's stated monetary value.
• Limited Contract Duration Information: While a 21-month total period is mentioned, specific start and end dates, or the duration of the consultancy appointment itself (distinct from the construction period), are not clearly stated. This could lead to ambiguity in contract management.
• Design and Build Framework: The "Design and Build" nature places significant responsibility on the contractor for design. The consultant's role as ER/EA is to manage this, but potential conflicts or challenges can arise if the contractor's design does not meet expectations or if there are disputes over design intent versus execution.
• Standard Conditions of Engagement: The use of the Office of Government Procurement's Standard Conditions of Engagement (COE) implies a structured, potentially rigid, contractual framework. Bidders should familiarise themselves thoroughly with these conditions, particularly regarding performance, liability, termination, and payment.

10. SME fit assessment

This tender is likely suitable for small to medium-sized enterprises (SMEs) that specialise in construction project management, employer's representation, and health and safety consultancy (PSDP).

• Viable Bidder Profile: A credible bidder would be a firm with established professional indemnity, public liability, and employer's liability insurance policies meeting the high thresholds (€6.5m PI/PL, €13m EL). They would need to demonstrate a track record of successfully managing similar-sized or larger design and build projects, evidenced by satisfactory delivery certificates. Personnel must hold at least a Level 7 qualification in a relevant construction discipline.
• Consortium/Sub-contracting: The contract allows for the use of subcontractors, as indicated by the requirement for collateral warranties and reliance guarantees/warranties from relied-upon entities. This means smaller firms can potentially bid by partnering with other specialists or by relying on the capacities of larger entities for certain criteria (e.g., insurance, financial standing).
• Indicative Bid-Prep Effort: Preparing the SAQ, particularly gathering the required certificates of satisfactory delivery for past projects and detailing compliance with exclusion grounds, will require significant effort. This could range from 5 to 15 days for a well-prepared firm, depending on their existing documentation and the complexity of their project history.
• Pwin Signal: The tender does not explicitly indicate an incumbent. However, the high insurance requirements and the structured nature of the COE suggest a preference for experienced, established firms. The €120,000 value is modest for the insurance levels, which might deter very large firms focused on higher-value contracts, potentially creating an opening for well-qualified SMEs.

11. Where to dig deeper

• Source RFT Filename(s): Not explicitly stated, but implied to be within the eTenders system.
• eTenders CFT ID: Not provided in the extract.
• Contact Email / Clarification Portal: Not provided in the extract.
• Most Important Attachments:
• SAQ Appendix-A-QC1-and-QC2.docx (Exclusion Grounds)
• SAQ Appendix-B1-QC1-and-QC2.docx (List of Previous Projects)
• SAQ Appendix-B3-QC1-and-QC2.docx (Certificate of Satisfactory Delivery)
• 5. Standard Conditions of Engagement_Mooretown 1.docx (Contractual Terms)