Multi-Party Framework for Port Hydrographic Survey Works

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 to establish a multi-party framework agreement for the provision of port hydrographic survey works at Dublin Port. The framework will allow Dublin Port Company (DPC) to procure specific hydrographic survey services through call-off contracts awarded to selected framework members. The estimated total value of services under this framework over its intended duration is €2 million (excluding VAT), though this is not a guaranteed expenditure.

The scope of services encompasses various hydrographic survey activities required by DPC. While specific day-to-day tasks are not detailed in the provided extract, the framework agreement outlines the general nature of the services. These services are defined by the "Invitation to Tender" and evidenced in Schedule 1 of the Framework Agreement.

Key aspects of the framework and potential call-off contracts include:

• Framework Agreement: This agreement sets out the award procedure for services, main terms and conditions for call-off contracts, and obligations of the operator during and after the framework period.
• Call-Off Contracts: These are legally binding agreements for the provision of services between DPC and a framework member. They are awarded based on a tender or mini-tender submitted by the framework member and accepted by DPC.
• Award Procedures:
• Cascade Method: For call-off contracts where all necessary terms are included in the framework agreement, DPC may issue a Call-Off Order to the ranked framework members.
• Mini-Tender: For contracts where not all terms are in the framework, or where DPC deems a re-opening of competition necessary due to quantity, value, or characteristics of services, a mini-tender process will be initiated.
• Services: The framework covers "Hydrographic Survey Services" as described in the Invitation to Tender.
• Personnel: Operators must assign personnel identified in their tender or mini-tender, or replacements of equivalent qualifications, skills, and expertise, subject to DPC's consent.
• Rates: Maximum chargeable rates are fixed for the initial twelve months and adjusted for inflation thereafter based on the CPI Index. Lower rates may be offered or sought.
• Reporting: Operators must maintain records for at least six years after the framework expiry and allow DPC access.

The framework is established under the EU Utilities Directive (Dir. 2014/25/EU) and associated Irish regulations.

3. Background & buyer context

This procurement establishes a multi-party framework agreement for port hydrographic survey works at Dublin Port. The framework is being concluded under the EU Utilities Directive 2014/25/EU, transposed into Irish law via SI No. 286 of 2016. Dublin Port Company (DPC) conducted a tender competition, inviting pre-qualified candidates to submit proposals for appointment to this multi-party framework. The purpose is to streamline the procurement of hydrographic survey services, allowing DPC to award call-off contracts to selected framework members as needed. The framework agreement sets out the award procedures, main terms, and conditions for these future contracts. The estimated total value of services under the framework is €2 million (excluding VAT) over its lifetime, with no guaranteed expenditure.

4. Eligibility & selection criteria

• Turnover requirement: A minimum average annual turnover of €500,000 in each of the last 3 years.
• Insurance:
• Public Liability: €6.5 million per claim.
• Employer's Liability: €13 million per claim.
• Professional Indemnity: €6.5 million per claim, maintained for 12 years following completion of services.
• Certifications:
• Health & Safety management system, with certification to ISO 45001 or equivalent, is required.
• Quality management approach for consultancy services, including internal review/verification, document control, and adherence to ISO 9001 or equivalent, is required.
• Environmental management system, including ISO 14001 or equivalent certification, is required.
• Past experience: Not specified for this tender.
• Personnel: Not specified for this tender.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

The award of call-off contracts under this framework will be based on the most economically advantageous tender (MEAT). The specific award criteria and weightings will be set out in each Request for Mini-Tender for individual call-off contracts. However, the general award criteria for the framework itself, as indicated by the mini-tender process, include:

A minimum score of 50% of the marks is required for each weighted criterion to be eligible for consideration. The overall price/quality split is not explicitly stated for the framework award itself, but the mini-tender process indicates cost is a significant factor.

6. Submission requirements

Bidders are required to submit a comprehensive tender response. The specific documents and formats are detailed within the tender documentation. Key submission requirements include:

• Tender Submission: A full tender response in accordance with the Invitation to Tender (ITT) and any clarifications. This will be submitted at Stage 2 of the procurement process.
• Pricing Schedule: Rates will be taken from a priced schedule included in the tender submission (Schedule 02 – Rates, referencing Schedule 14).
• Personnel Details: Key personnel information will be included, taken from the PQQ or tender submission (Schedule 03 - Personnel, referencing Schedule 14).
• Insurance Details: Confirmation of required insurance cover (Schedule 04 - Insurances).
• Sub-Consultant/Sub-Contractor Details: Information on any proposed sub-consultants or sub-contractors (Schedule 10).
• Declarations:
• Confidentiality Agreement (Schedule 09.01).
• European Single Procurement Document (ESPD) or equivalent declarations regarding eligibility, economic and financial standing, and technical and professional ability.
• Bona Fides declarations.
• Tax clearance.
• Conflict of Interest declarations.
• Submission Portal: Submissions are to be made via eTenders. Specific format rules for electronic submissions will apply.
• Mandatory Site Visit: Not specified for this tender.
• Response Document: The Operator's Tender submission, as evidenced in Schedule 14.

7. Key dates & process

8. Contract terms that matter

• Term: The Framework Agreement has an initial term of four (4) years from the Commencement Date.
• Extension: Dublin Port Company reserves the option to extend the framework for a further two (2) years.
• Call-Off Contracts: The term of a Call-Off Contract may extend beyond the Framework Period.
• Payment Terms: Not specified in detail, but rates are fixed for the first 12 months and adjusted for inflation thereafter.
• Key SLAs/KPIs: Not specified in detail within the provided extracts, but performance issues can lead to ranking relegation.
• Liquidated Damages: Ranking relegation is a consequence of repeated poor/non-performance or failure to accept Call-Off Orders.
• Termination: Not specified in detail, but material breach is grounds for termination.
• IP Ownership: Confidential information remains the exclusive property of the disclosing party. No license or conveyance of rights is granted.
• Sub-contracting: Sub-consultants are permitted and details are required in Schedule 10. DPC may require collateral warranties from sub-consultants.
• Parent Company Guarantee/Bond: Not specified for this tender.

9. Risks, red flags & unusuals

The framework structure itself presents a degree of risk for bidders. The estimated value of €2 million is for the entire framework duration, and there is no guaranteed expenditure, meaning call-off contracts may be infrequent or of low value. The "Cascade Method" for awarding call-off contracts prioritises a ranked list of framework members, meaning the first-ranked member receives opportunities first. Repeated failure to accept or perform call-off contracts can lead to relegation in the ranking, impacting future opportunities. The requirement for Professional Indemnity insurance to be maintained for 12 years post-completion is a significant long-tail liability for bidders. The tender is also established under the EU Utilities Directive, indicating a formal procurement process with strict adherence to regulations.

10. SME fit assessment

This tender is structured as a multi-party framework, meaning multiple operators will be appointed. This offers opportunities for Small and Medium-sized Enterprises (SMEs) that meet the stringent eligibility criteria. A credible bidder would likely be a specialist hydrographic survey company with established H&S, Quality, and Environmental management systems, potentially certified to ISO 45001, ISO 9001, and ISO 14001. The turnover requirement of €500,000 per year for the last three years suggests that very small or newly established businesses may struggle to qualify. Consortium bidding or subcontracting is not explicitly prohibited and could be a viable strategy for SMEs to meet the requirements, particularly for insurance or turnover. The bid preparation effort is likely to be substantial, requiring detailed documentation of systems, experience, and personnel, estimated at several weeks of work. The "Cascade Method" for call-off awards suggests that incumbent or highly-ranked firms may receive initial opportunities, but the framework structure is designed to allow multiple providers to be engaged.

11. Where to dig deeper

• Source RFT Filename(s): AppC_Framework_Agreement_Hydrographic.docx, Schedule 13 – Invitation to Tender, Schedule 6 – RFT skeleton (sample), Schedule 02 – Rates.docx, Schedule 03 - Personnel.docx, Schedule 04 - Insurances.docx, Schedule 10 – Sub-Consultants _Sub-Contractors.docx, Schedule 09.01 Confidentiality Agreement.docx
• eTenders CFT ID: Not specified in provided documents.
• Contact: Not specified in provided documents.
• Most Important Attachments:
• AppC_Framework_Agreement_Hydrographic.docx (The core Framework Agreement)
• Schedule 13 – Invitation to Tender (Details of the ITT)
• Schedule 04 - Insurances.docx (Specific insurance requirements)