CFT 4003 - Chemical graffiti removal from block and stone-faced walls, and other specialist graffiti removal

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 a contractor to provide chemical graffiti removal services from block and stone-faced walls, along with other specialist graffiti removal, within the South Dublin County Council administrative area. The initial contract duration is 12 months, with an option for three further 12-month extensions, potentially extending the contract to a total of four years.

The scope of work encompasses the following key activities:

• Chemical Graffiti Removal: Application of chemical treatments to remove graffiti from block and stone-faced walls. This implies a need for expertise in selecting appropriate chemicals for different substrates to avoid damage.
• Specialist Graffiti Removal: Provision of other specialist graffiti removal techniques beyond standard chemical applications. This could include methods for delicate surfaces, historical materials, or specific types of graffiti.
• Service Delivery: The services are to be performed within the South Dublin County Council administrative area. The contract is for a single supplier framework agreement, meaning the successful bidder will be the primary provider for these services.
• Contract Management: The contractor will be required to manage the provision of services, including liaising with the Client's nominated contact, submitting invoices, and providing necessary documentation.
• Personnel: The contractor must ensure that key personnel assigned to the services are available for the duration of the agreement. Replacement personnel must be of equivalent experience and expertise, subject to the Client's approval.
• Compliance: Adherence to all applicable laws, including environmental, social, and labour laws, is mandatory. The contractor is responsible for all statutory requirements of an employer, including employment, remuneration, taxes, immigration, and work permits for their personnel.
• Confidentiality and Data Protection: The contractor must comply with strict confidentiality obligations regarding information provided by the Contracting Authority and adhere to all applicable data protection laws, acting as a Data Processor for any Personal Data processed.
• Reporting and Documentation: The contractor is responsible for providing valid invoices with supporting documentation and maintaining records to demonstrate compliance with contractual obligations.

The contract is structured as a framework agreement, with the potential for the Client to issue specific contracts or call-offs under this framework. The RFT documents indicate that the original tenders or by consultation with the framework member and invitation to provide a supplementary tender within the constraints laid down may be used for awarding specific contracts.

3. Background & buyer context

South Dublin County Council is procuring these services through a Request for Tenders (RFT) process. The RFT was advertised in the supplement to the Official Journal of the European Union (OJEU), indicating a procurement process conducted under EU public procurement regulations. The services are intended to address the ongoing need for graffiti removal from public assets, specifically block and stone-faced walls, within the council's administrative area.

The contract is structured as a single-party framework agreement. This implies that the successful bidder will be the sole provider for these services under the framework for its duration. The initial term is 12 months, with the option for the Client to extend the contract for up to three additional 12-month periods, providing a potential total contract duration of four years. This structure suggests a strategic, long-term requirement for these specialist cleaning services.

The tender documents incorporate the RFT, any clarifications issued by the Contracting Authority via the etenders.gov.ie messaging facility, the contractor's submission, and any written clarifications provided by the contractor. This comprehensive incorporation ensures that the final contract reflects the detailed specifications and commitments made by both parties during the procurement process.

4. Eligibility & selection criteria

Bidders must meet specific minimum requirements to be considered for this tender. These are detailed in Appendix 5, demonstrating Technical Capacity.

• Turnover requirement: Confirmation that the bidder's turnover exceeded €800,00 per annum in each of the last three financial years.
• Insurance: Confirmation of the following insurances being in place:
• Employers Liability: €13.5 million
• Public Liability: €6.6 million
• Professional Indemnity: €6.5 million
• Certifications: Not specified for this tender.
• Past experience: Not specified for this tender.
• Personnel: Access to minimum levels of manpower and skills, as detailed in addition to an organisation chart.
• Geographic / facility constraints: Services are to be provided within the South Dublin County Council administrative area.

5. Award criteria & scoring

The award of the contract will be based on the principle of the "lowest cost tender that also meets all of the minimum requirements of the qualitative award criteria." This indicates a primary focus on cost, but with essential quality thresholds that must be met.

Note: The specific weighting for Price and Quality is not explicitly stated in the provided text. However, the phrasing "The lowest cost tender that also meets all of the minimum requirements of the qualitative award criteria will receive the maximum score achievable under this criterion" strongly suggests that price is the dominant factor, provided minimum quality standards are achieved.

6. Submission requirements

Tenderers are required to submit their responses electronically via the eTenders platform. The submission must be uploaded as a ZIP FILE to preserve file name integrity.

• Method statement / response document: Not specified by name, but the tenderer's response to the RFT, including any clarifications, forms part of the contract.
• CVs: Not specified by page count or named roles.
• Pricing schedule: Not specified by format or named template.
• Case studies: Not specified by number or value range.
• Declarations:
• Declaration as to Personal Circumstances of Tenderer (confirming no exclusion grounds apply).
• Tax Clearance Access Number and Tax Reference Number are required for verification.
• Bona Fides: Not specified by name.
• Conflict of Interest: Tenderers must declare any registrable interest involving the Framework Member and the Client or employees of the Client or their relatives.
• Mandatory site visit: Not specified.
• Submission portal: www.etenders.gov.ie. Tenderers must click “Submit” to finalise their submission.

7. Key dates & process

Note: The tender validity period is stated as 12 months, commencing from the closing date for receipt of tenders.

8. Contract terms that matter

• Term + extension structure: Initial 12 months, with an option for three further 12-month extensions, totalling a potential 4-year term.
• Payment terms: Invoices are subject to compliance with the agreement, submission of a valid invoice with supporting documentation, and the Client's possession of a current Tax Clearance Certificate. Queries on invoices must be raised within 14 days; otherwise, the invoice is deemed accepted. The European Communities (Late Payment in Commercial Transactions) Regulations, 2012 apply.
• Key SLAs/KPIs: Not specified in the provided text.
• Liquidated damages or penalty regimes: Not specified in the provided text.
• Termination clauses: The Client may terminate the agreement with 30 days' written notice if the Member commits a material breach, fails to perform an obligation, convenes a meeting for arrangement, or ceases to carry on business. The agreement also includes provisions for termination due to Force Majeure events continuing for 14 days.
• IP ownership: Not specified in the provided text.
• Sub-contracting rules: The contractor is the prime contractor and assumes full responsibility for subcontractors. The Client can require the contractor to replace a subcontractor if exclusion grounds apply. Subcontracts must include a right for the contractor to terminate if exclusion grounds apply to the subcontractor. The contractor cannot subcontract more than 50% of the contract value to third countries subject to an IPI measure.
• Parent-company guarantee or bond requirements: Not specified in the provided text.

9. Risks, red flags & unusuals

• Single-party framework: The contract is a single-party framework agreement. This means the successful bidder is the sole provider for these services under the framework. While this offers guaranteed business, it also means no competition for individual call-offs.
• Cost-driven award: The award criterion prioritises the "lowest cost tender that also meets all of the minimum requirements of the qualitative award criteria." This suggests that while quality is a gate, price will be the primary differentiator, potentially squeezing margins for bidders.
• Broad insurance requirements: The insurance levels, particularly Public Liability (€6.6 million) and Professional Indemnity (€6.5 million), are substantial for a service that might appear niche. This indicates the potential scale or risk associated with the work.
• Data Protection and Confidentiality: Extensive clauses on confidentiality and data protection (GDPR) are included, highlighting the sensitive nature of information the contractor may access. The contractor is designated as a Data Processor.
• TUPE Regulations: The contract explicitly mentions compliance with the European Communities (Protection of Employees’ Rights on Transfer of Undertakings) Regulations 2003 (TUPE). This is unusual for a graffiti removal service unless there is an expectation of a service transfer from an incumbent. Contractors must be aware of potential liabilities.
• IPI Measure Compliance: The contract includes specific obligations related to the EU's Instrument on Public Procurement (IPI) measure, restricting subcontracting to third countries subject to such measures and imposing potential charges for non-compliance. This is a specific regulatory requirement that bidders must understand.

10. SME fit assessment

This tender is likely best suited for small to medium-sized enterprises (SMEs) with specialised graffiti removal capabilities, particularly those experienced in working with public sector clients.

• Who can credibly bid: A firm with a proven track record in chemical and specialist graffiti removal from various surfaces, including block and stone. They must demonstrate the capacity to meet the significant insurance requirements (€6.6m Public Liability, €6.5m Professional Indemnity). Experience in public sector contracts and compliance with TUPE regulations would be advantageous.
• Consortium or sub-contracting: Sub-contracting is permitted, but the contractor remains the prime responsible party. Restrictions apply to subcontracting to third countries subject to IPI measures. Consortium bids are not explicitly mentioned but are generally permissible in public procurement if structured correctly.
• Indicative bid-prep effort: Bid preparation will require significant effort due to the detailed insurance requirements, the need to demonstrate technical capacity (even if not explicitly detailed in the provided extract), and the comprehensive contractual terms including TUPE and IPI compliance. Estimating 10-20 days of focused effort for a well-prepared bid is reasonable.
• Pwin signal: The "lowest cost" award criterion suggests a competitive market. The single-party framework nature implies the incumbent, if one exists and is bidding, may have an advantage due to established relationships and potentially lower overheads. However, the specific insurance levels and TUPE/IPI clauses might filter out less experienced or smaller firms.

11. Where to dig deeper

• Source RFT filename(s): [SDCC Invitation to Tender memo.pdf], [Appendix 7 - Confidentiality Agreement Services.docx], [Appendix 8 - Contract Services.docx]
• eTenders CFT ID: CFT 4003
• Contact email or clarification portal: eTenders helpdesk: [email protected]
• Most important attachments:
• [Appendix 8 - Contract Services.docx] (The main contract document)
• [Appendix 7 - Confidentiality Agreement Services.docx] (Confidentiality and Data Protection terms)
• [SDCC Invitation to Tender memo.pdf] (Initial invitation and submission instructions)