Design and Build Works Contracts Framework

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 procurement establishes a multi-party framework agreement for design and build works contracts, with individual project values not exceeding €5 million. The framework will be used by Limerick City and County Council for multi-site development projects. Projects will be tendered as "Contractor Design" under the framework agreements, with specific requirements detailed on a project-by-project basis.

The scope of work for successful framework participants includes:

• Design and Build Services: Undertaking the full design and construction of various development projects. This encompasses all stages from initial design concepts through to final construction and handover.
• Project Management: Managing all aspects of the design and build process for individual projects awarded under the framework.
• Compliance and Standards: Ensuring all design and construction activities comply with relevant Irish and EU legislation, including environmental, social, and labour laws, as well as statutory terms relating to minimum pay and legally binding industrial or sectoral agreements.
• Quality, Environmental, Health, and Safety Management: Implementing and maintaining robust management systems, with a requirement for ISO 45001:2018 or equivalent for safety management and third-party accredited Environmental Management Systems such as ISO 14001, BS EN ISO 14001.
• Specific Design Requirements: Projects may require achieving or exceeding a BER A2 rating.
• Integration with Design Team: The applicant must provide an integrated design team, with the Architect acting as the Design Team Lead.
• Reporting and Documentation: Submitting all required documentation, including design certificates (Form Annex / Ancillary Certs) 14 days prior to relevant works starting.
• Framework Management: Participating in subsequent mini-competitions for individual projects awarded under the framework.

The initial call-off contract, used to establish the framework, is expected to be a multi-unit residential development within County Limerick. Details of this contract will be provided at the tender stage.

3. Background & buyer context

Limerick City and County Council is establishing this multi-party framework agreement to procure design and build works contracts for projects with an estimated construction value of less than €5 million. This initiative aligns with the Council's objectives for affordable and social housing projects. The procurement follows a restricted procedure, with an initial stage focused on suitability assessment and shortlisting, followed by a second stage where shortlisted tenderers will compete for an initial 'Call-off Contract'. The framework is intended to streamline the procurement of future projects, subject to Department of Housing, Local Government and Heritage approval. The framework agreement will have an initial term of two years, with options to extend for one-year periods, contingent on satisfactory performance.

4. Eligibility & selection criteria

Bidders must meet the following minimum requirements to be considered:

• Turnover requirement: Minimum average annual turnover of €6,000,000 arising from general construction work over the last three financial years.
• Insurance:
• Public Liability Insurance: Minimum cover of €6,500,000 per accident.
• Employer's Liability Insurance: Minimum cover of €13,000,000 per accident.
• Professional Indemnity Insurance: Minimum cover of €3,500,000 per claim and €4,000,000 on an annual aggregate basis for the Works Contractor and PSCS, as Designer and as PSDP. The maximum permissible excess is the greater of 2% of the applicant's annual turnover or €5,000.
• Certifications:
• Health and Safety Management System: In accordance with ISO 45001:2018 or equivalent.
• Environmental Management System: Third-party accredited, such as ISO 14001 or BS EN ISO 14001.
• Past experience:
• At least 3 residential projects comprising a minimum of 13 units each, completed in the last 5 years.
• At least 1 construction project (minimum of 13 residential units) from commencement to completion.
• At least 1 construction project (minimum of 10 residential units) which incorporated modern methods of construction.
• Projects must have a corresponding certificate of satisfactory execution.
• Personnel: Not specified for this tender.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

The initial stage of the procurement focuses on suitability assessment and shortlisting. Bidders will be evaluated based on a combination of minimum (Pass/Fail) and qualitative (Percentage Mark) standards concerning their financial, economic, and technical capacity, along with relevant experience. The award criteria for the second stage, where the framework agreement will be awarded, will be based on the Most Economically Advantageous Tender (MEAT). Specific scoring matrices and weightings for the second stage will be detailed in the Invitation to Tender (ITT) documents issued to shortlisted candidates.

6. Submission requirements

Applicants must submit the following:

• Suitability Assessment Questionnaire (SAQ): Completed in full, including all relevant appendices. The SAQ is provided in Microsoft Word format for electronic completion.
• Electronic European Single Procurement Document (eESPD): Submitted as part of the application. An existing eESPD can be used if the information remains correct and satisfies the selection criteria for this competition.
• Supporting Documentation: All documentation requested within the PIM and SAQ.
• Financial Information: Denominated in Euros (€), unless provided in a certified or audited document in its original currency.
• Declarations: Including Bona Fides, Tax Clearance, and Conflict of Interest disclosures.
• Banker's Letter: A signed letter from the applicant's principal banker, dated within 3 months of submission, confirming banking history and facilities.
• Surety Letter: A letter of undertaking from a surety company confirming bond facilities, if applicable.
• Previous Works Projects List: As per Appendix B1, with corresponding certificates of satisfactory execution.

Submissions must be uploaded electronically through the eTenders platform. No brochures or general marketing material should be submitted.

7. Key dates & process

8. Contract terms that matter

• Framework Duration: 2 years, with an option to extend for one additional year, and a further one-year period. Extensions are subject to regular reviews and satisfactory performance.
• Call-off Contracts: Projects under the framework will be awarded via mini-competitions among framework participants.
• Contract Type: Design and Build Contracts.
• Governing Law: Irish law.
• Consortia: Applications can be submitted by a single enterprise or a consortium. Consortium members must provide joint and several liability.
• Subcontracting: Not explicitly detailed, but the Applicant Lead carries overall responsibility irrespective of subcontracting.
• Performance Bond: A performance bond may be required at contract award stage, with the amount not exceeding a specified percentage of the eventual contract sum.
• Payment Terms: Not specified in the provided documents.
• Liquidated Damages: Not specified in the provided documents.
• Termination Clauses: Not specified in the provided documents.
• IP Ownership: Not specified in the provided documents.

9. Risks, red flags & unusuals

• Two-Stage Process: The procurement is a two-stage process. This initial stage is for suitability assessment and shortlisting. Only shortlisted bidders will be invited to the second stage, where the framework agreement will be awarded based on MEAT.
• Framework vs. Direct Contract: This tender establishes a framework agreement. Limerick City and County Council does not guarantee that any specific volume of work will be procured through this framework.
• Project Value Cap: Individual projects under the framework are capped at €5 million construction value.
• "Contractor Design": Projects will be tendered as "Contractor Design," meaning the successful contractor will be responsible for both the design and build aspects.
• Shortlisting Numbers: A minimum of six and a maximum of twelve highest-scoring tenderers are anticipated to be admitted to the framework, provided sufficient pre-qualified applicants exist.
• No Guarantee of Contract: Shortlisting does not guarantee an award of contract. The Contracting Authority reserves the right to cancel the competition at any stage.

10. SME fit assessment

This tender is structured as a framework agreement for design and build works contracts valued at less than €5 million per project. A credible bidder would likely be a medium-to-large construction firm with established experience in delivering residential or multi-unit developments. The significant turnover requirement (€6 million average annual turnover) and substantial insurance cover (€6.5 million Public Liability, €13 million Employer's Liability, €3.5 million Professional Indemnity) indicate a need for substantial financial and operational capacity.

Consortia are permitted, which could allow smaller firms to partner with others to meet the eligibility criteria. Subcontracting is implicitly allowed, as the Applicant Lead carries overall responsibility. The bid preparation effort is likely to be significant, requiring detailed completion of the SAQ and eESPD, along with supporting documentation for financial standing and past experience. The "Pwin" signal is moderate; while it's a framework, the specific number of shortlisted bidders (6-12) suggests competition. The absence of named incumbents or specific project history in the provided documents makes it difficult to assess incumbent strength.

11. Where to dig deeper

• Source RFT filename(s): Invitation to Tender - D&B Framework LCCC.pdf, LCCC Design & Build Contractors Framework Project Information Memorandum.pdf
• eTenders CFT ID: Not specified in provided documents.
• Contact email or clarification portal: Mr. Liam Ryan – Executive Quantity Surveyor, Limerick City and County Council. Clarification questions should be submitted via eTenders.
• Most important attachments:
• Suitability Assessment Questionnaire (SAQ)
• Appendix B1 List of Previous Works Projects
• Appendix C Bankers Letter