Contract for Repair, Refurbishment and Upgrade Works to the Chimney at the Boiler House Ballymun Dublin 9

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 contract requires the repair, refurbishment, and upgrade of a chimney at the boiler house located in Ballymun, Dublin 9. The works are to be carried out under a Short Public Works Contract (PW-CF6 v1.15 25-11-2025). The contractor is responsible for the construction and completion of the works in compliance with the contract, the Employer's Representative's instructions, and applicable law.

Key activities and responsibilities include:

• Construction and Completion: The contractor must construct and complete the works at its own expense, ensuring compliance with the contract, Employer's Representative's written instructions, and the law.
• Site Management: The contractor must secure the site, keep it in good order, and free from unnecessary obstructions. It must also ensure the safety of persons on site and protect nearby areas from hazards and interference resulting from the works. This includes preventing nuisance or inconvenience to the public and users of adjacent land, roads, or footpaths.
• Work Execution: The contractor must set out the works according to contract specifications and instructions from the Employer's Representative. It must verify the accuracy of provided points, lines, and levels before setting out.
• Access and Inspection: The contractor must provide access to the site and other relevant locations for inspection, testing, and observation by the Employer, Employer's Representative, and Assigned Certifier. It must also provide necessary information and opportunities for inspection before any part of the works is covered or materials are made difficult to inspect.
• Uncovering and Rectification: The Employer's Representative may instruct the contractor to uncover, dismantle, re-cover, or re-erect work, or to test and inspect. The contractor must also remove and replace any works or materials that do not comply with the contract, or otherwise rectify non-compliant parts as instructed. If the contractor fails to comply promptly, the Employer may carry out the work and charge the contractor.
• Suspension of Works: The contractor must comply with instructions to suspend all or part of the works, protecting, storing, and securing affected works and maintaining insurances. It must resume works promptly upon instruction.
• Discovery of Items: If fossils, antiquities, or other items of interest are discovered, the contractor must not disturb them, preserve them, notify the Employer's Representative, and comply with instructions. These items are the Employer's property.
• Access Routes and Services: The contractor is responsible for the suitability and maintenance of access routes to and through the site, and for obtaining all required facilities, power, water, and other services, unless the contract specifies otherwise.
• Defects Certificate: The contractor must complete outstanding work before the Defects Certificate is issued. The certificate does not relieve the contractor of any obligations.
• Payment: The Employer will pay the contractor the Price in instalments, including interim payments, a payment upon substantial completion, and the final balance after the Defects Certificate is issued. Payment claim notices and invoicing procedures are detailed, with specific timelines for responses and payments.
• Price Adjustments: The Price may be adjusted for Compensation Events, which include changes to the works, suspension of work, unforeseeable ground conditions, or delays caused by utility apparatus owners. Adjustments are subject to the contractor's compliance with contract clauses and efforts to minimise adverse effects.
• Performance Bond: If required by the Schedule, a performance bond must be provided within 7 days of tender acceptance.
• Insurance: The contractor must maintain insurances as required by the contract.

3. Background & buyer context

This procurement is for repair, refurbishment, and upgrade works to a chimney at a boiler house located in Ballymun, Dublin 9. The contract is being issued by Dublin City Council. The procurement is being conducted under the Short Public Works Contract (PW-CF6 v1.15 25-11-2025), a standard form contract for public works projects in Ireland. The specific drivers for this procurement, such as the condition of the existing chimney or a planned upgrade to the boiler house facilities, are not detailed in the provided documentation. The context suggests a need for essential maintenance or improvement to a public facility managed by the Council.

4. Eligibility & selection criteria

The following criteria are required for bidders to be considered:

• Turnover requirement: Not specified for this tender.
• Insurance: Not specified for this tender.
• Certifications:
• Safety management system in accordance with ISO 45001:2018 or equivalent is required.
• Past experience:
• Bidders must provide a list of completed projects similar in nature and complexity to the works required.
• Certificates of Satisfactory Execution (Appendix B2) are required for these projects.
• The number of projects required is not explicitly stated, but Appendix B1 provides space for up to 22 projects.
• Personnel: Not specified for this tender.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

The provided documentation does not detail the specific award criteria or scoring methodology. It is understood that this is a public works contract, which typically involves a balance between price and quality. The Short Public Works Contract (PW-CF6 v1.15 25-11-2025) framework governs the contractual terms, but the evaluation process for tenders is not outlined in the extract.

6. Submission requirements

Bidders are required to submit the following:

• List of Previous Works Projects: Completed using Appendix B1, detailing up to 22 similar projects with corresponding Certificates of Satisfactory Execution.
• Banker's Letter: A letter on the applicant's headed paper, authorised by the bank, confirming lending facilities and account balances (Appendix C).
• Safety Management System Confirmation: Confirmation that the safety management system is in accordance with ISO 45001:2018 or equivalent.
• Tender Submission: The accepted tender form, which will form part of the contract.
• Performance Bond: If required by the Schedule, a performance bond must be provided within 7 days of tender acceptance.

7. Key dates & process

8. Contract terms that matter

• Contract Form: Short Public Works Contract (PW-CF6 v1.15 25-11-2025).
• Contract Duration: The Time for Completion is stated in the Schedule, with provisions for extension.
• Payment Terms: Interim payments are made on account as scheduled. A payment upon substantial completion and the final balance after the Defects Certificate are also stipulated. Payments are due within the period stated in the Schedule after the contractor submits an invoice based on the Employer's Representative's certificate. Late payments incur interest as per the European Communities (Late Payment in Commercial Transactions) Regulations 2012.
• Liquidated Damages: If the contractor fails to substantially complete the works within the Time for Completion, liquidated damages are payable at the rate specified in the Schedule.
• Termination: Provisions for termination exist, including circumstances where the Employer may be considered to have terminated the contractor's obligation to complete the works if a suspension lasts longer than 3 months.
• IP Ownership: Not explicitly detailed for works, but items of archaeological or geological interest discovered on site are the Employer's property.
• Sub-contracting: The contractor may engage sub-processors for data processing, subject to prior notice and employer objection rights. General sub-contracting rules are not detailed in the provided text.
• Performance Bond: If required, a performance bond must be provided within 7 days of tender acceptance.
• Limit on Liability: Clause 17 addresses the limit on liability, but specific details are not provided in the extract.
• Price Variation: Clause 18 covers price variation, with specific provisions for adjustments due to changes in law affecting customs or excise duties.

9. Risks, red flags & unusuals

• Lack of Specificity: The tender documents lack detail regarding the estimated value, specific scope of works beyond "repair, refurbishment and upgrade," and detailed selection and award criteria. This ambiguity could lead to uncertainty for bidders.
• Short Submission Window for Performance Bond: If a performance bond is required, the 7-day window for submission after tender acceptance is very tight and could pose a logistical challenge for some contractors.
• Unspecified Contract Length and Go-Live: The absence of a defined contract length and go-live date makes it difficult to assess the overall project timeline and resource planning requirements.
• Standard Contract Form: The use of the PW-CF6 v1.15 25-11-2025 Short Public Works Contract is standard, but bidders should be aware of its specific clauses, particularly regarding payment, compensation events, and dispute resolution.
• ISO 45001 Requirement: While standard for safety, it requires bidders to have this certification in place.

10. SME fit assessment

This tender is likely suitable for small to medium-sized enterprises (SMEs) with experience in building refurbishment and repair works, particularly those involving industrial chimneys or similar structures.

• Credible Bidders: SMEs with a proven track record in construction, demonstrable safety management systems (ISO 45001:2018 or equivalent), and the capacity to provide necessary insurances and potentially a performance bond would be well-positioned. Experience with public sector contracts and adherence to standard public works contract conditions would be advantageous.
• Consortium/Sub-contracting: The provided documents do not explicitly prohibit or encourage consortia or sub-contracting. However, the requirement for a banker's letter and the focus on the applicant's past experience suggest a primary contractor is expected. SMEs might consider subcontracting specific elements if permitted.
• Indicative Bid-Prep Effort: Given the need to compile past project details with certificates and a banker's letter, bid preparation could require 5-10 working days for an experienced SME. The lack of detailed scope may increase the time needed for clarification.
• Pwin Signal: The tender does not explicitly indicate an incumbent or a specific framework. The use of a standard public works contract suggests a competitive process. The primary Pwin signal would be the bidder's ability to meet the implicit quality and experience requirements, alongside a competitive price.

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: Not specified in the provided text.
• Most Important Attachments:
• PW-CF6_Contract_v1.15_25-11-2025.pdf (Conditions of Contract)
• Appendix_B1_List_of_Previous_Works_Projects_which_is_CEE.docx (Previous Works Project List template)
• Appendix_C_Bankers_Letter.docx (Banker's Letter template)