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Procurement Policy and Procedures Manual

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Section 1........................................................................................................................4Procurement Objectives and Governance.................................................................4

Important General Issues................................................................................4 Expertise and Probity.....................................................................................4 Casual Purchases............................................................................................4 Pilot Projects..................................................................................................4 Sole Suppliers.................................................................................................4 Conflict of Interest.........................................................................................5 Statutory Provisions.......................................................................................5 Collusive Tendering.......................................................................................5 Criminal Convictions.....................................................................................5 Procurement and Accessibility.......................................................................5

Section 2........................................................................................................................6Procurement Process...................................................................................................6

Competitive Process below EU threshold values...........................................6Procedures available Nationally.....................................................................6a) Open Procedure..........................................................................................6b) Restricted Procedure..................................................................................7Awarding a contract without a competitive process.....................................7Direct Invitation (without Advertising).........................................................8

Section 3........................................................................................................................9Authorisation (Thresholds) and Responsibilities......................................................9

Certifying and Authorising invoices...............................................................9Framework Agreements..................................................................................9Operation of Panels/Lists..............................................................................10

Section 4......................................................................................................................11Quotation/Tendering Procedures.............................................................................11

A. Low Value Procedure (less than €5,000)..............................................11B. Medium Value Procedure (between €5,000 and €50,000)..................11D. EU Procedure, (greater than EU Threshold)......................................12

Formal Tendering Process........................................................................................12a. Budget approval.....................................................................................12b. Specification of requirements................................................................12c. Terms of Reference................................................................................13d. Selection of potential suppliers.............................................................13e. Pre tender clarification requests...........................................................13f. Developing evaluation selection/award criteria...................................14

Sample of Award Criteria for a Service Contract..................................................14Sample of Award Criteria for a Supply Contract...................................................14

Evaluating Selection Criteria...............................................................15Evaluating Award Criteria...................................................................15

g. Delivery and opening tenders................................................................15h. Evaluation of tenders and contract award...........................................15

Scoring Cost................................................................................................................16i. De-briefing unsuccessful suppliers.......................................................17j. Contract Management,..........................................................................18k. Filing and storage of tender documentation........................................18


l. Risk Management...................................................................................18Section 5......................................................................................................................20

Engagement of Consultants and other External Support..........................20Engaging external support....................................................................................20Services comprising a significant element of direct service to office holder......21Ethics in Public Office Act 1995.........................................................................21Engagement of external support by Body to undertake work in another.............22Documenting the decision to acquire external support........................................22Accounting for consultancy, contracting and external services...........................22Where to charge Contractors and External Service Providers expenditure.........23Establishing the Business Case for Consultancy services....................................23Whole Life Costings............................................................................................24Cost benefit analysis............................................................................................25Risk Assessment and Management......................................................................25Approval of the Business Case............................................................................25Absence of a business case..................................................................................26Project Organisation.............................................................................................26Re-Tendering........................................................................................................26Reporting on Contracts........................................................................................27

Appendices/Templates..................................................................................................28Appendix 1 - Thresholds.....................................................................................28Appendix 2 - Project File....................................................................................29Appendix 3 - Glossary of Terms..........................................................................30Appendix 4 - Guide to etenders website................................................................32Appendix 5 - Summary Overview of Procedures and Timescales...........................35Template 1 - Certificate of Tender Received.........................................................38Template 2 - Open Procedure Tender Evaluation..................................................39Template 3 - Score sheet for Evaluation of Tenders...............................................41Template 4 - Score Sheet for Evaluation of Tenders – (Multiplier Method).............42Template 5 - Tender Evaluation – Checklist.........................................................43Template 6 - Request for Tender (RFT) Letter......................................................44Template 7 - Acknowledgement Slip....................................................................45Template 8 - Tender Documents – Checklist.........................................................46Template 9 - Sample RFT...................................................................................47


Section 1

Procurement Objectives and Governance

The primary objectives of this document are to ensure:

Procurement in the Department of Transport is developed in line with best practice;

Procurement practices comply fully with statutory and EU regulations and directives;

Savings and performance targets are met, within the Department of Transport.

This document is designed to ensure a common approach across the Department of Transport in the procurement of products, equipment and services. The polices and principles set out herein will ensure that this Department will comply with the very best practices across the Civil Service and the public sector as a whole. Implementation of these policies and principles will ensure this Department complies with EU Directives and Government Guidelines, gets best value for money and ensures that in general, a competitive process is carried out in an open, objective and transparent manner to achieve best value for money in public procurement.

It is very important that the public procurement function is discharged honestly, fairly and in a manner that secures best value for public money. This Department must be cost effective and efficient in the use of resources while upholding the highest standards of probity and integrity.

Important General Issues

Expertise and ProbityDivisions within the Department should ensure that staff involved in purchasing or placing contracts are familiar with the National, EU and International rules that may apply. It is also incumbent on this Department to take measures to separate functions within the procurement cycle, by ensuring that, for example, ordering and receiving goods and services are distinct from payment for goods and services.

Casual Purchases.Divisions should examine purchasing profiles to minimise casual or “once off” purchases. An appropriate contracting arrangement should be put in place for efficient and cost effective delivery of recurring supplies and services.

Pilot ProjectsWhere a procurement process involves a pilot stage, the pilot should be conducted in a manner that allows and encourages the identification of a range of acceptable options.

Sole SuppliersWhere it is necessary to deal with a sole supplier, service provider or contractor, arrangements, which provide best value for money, should be negotiated. Divisions


should take care when they face such a scenario. Open-ended arrangements with these distributors should be avoided where possible.

Conflict of InterestDivisions should be aware of potential conflicts of interest in the tendering process and should take appropriate steps to avoid them.

Statutory ProvisionsBefore awarding a contract, Divisions should ensure that tenderers have regard to statutory provisions relating to minimum pay, legally binding industrial or sectoral agreements and relevant health and safety issues, when preparing tenders.

Collusive TenderingDivisions should watch for anti-competitive practices such as collusive tendering.

Criminal ConvictionsCandidates or tenderers who have been convicted of involvement in organised crime, fraud, corruption or money laundering must be excluded from performing a public contract.

Procurement and AccessibilityThe objective of this Departments, where it is practical and cost-effective to do so, to achieve as high standard of accessibility as possible for people with disabilities. It is the policy of this Department to ensure that relevant accessibility requirements for people with disabilities are, where appropriate, included in all stages of the tender process. The following procedures have been adopted:

Staff preparing tenders should consult the Access Officer of this Department to identify whether there are accessibility requirements, which should be considered as part of the tender process. It may also be necessary to consult with external advisors, NDA and/or people with disabilities to identify any such requirements.

If it is decided that there are no accessibility requirements relevant to the goods or services being procured or that the accessibility requirements are deemed not to be practicable or will cause undue cost or delay, this decision must be recorded on the relevant file.

If there are accessibility requirements such requirements must be clearly stated in the request for tenders.

Accessibility criteria must be considered throughout the tendering process. Suppliers should be asked to identify features of their product or service which meets the relevant accessibility requirements. If asked to make presentations, suppliers should include accessibility as part of their presentation.

Accessibility requirements, where included, should also be given appropriate consideration and weighting during scoring and evaluation stages.


Section 2

Procurement Process

Competitive Process below EU threshold values

It is a basic principle of public procurement that a competitive process should be used unless there are justifiably exceptional circumstances. The type of competitive process can vary depending on the size and characteristic of the contract to be awarded.

For contracts below the EU threshold values (€125,000) the procedures set out below should be followed:

Supplies or services less than €5,000 in value might be purchased on the basis of verbal quotes from one or more competitive suppliers;

Supplies or services contracts between €5,000 and to €25,000 in value might be awarded on the basis of responses to specifications sent by fax or e-mail to at least three suppliers

Contracts above €25,000 and up to the value of the EU thresholds should normally be as part of a formal tendering process. Publication on the etenders.gov.ie website generally meets national advertising and publicity requirements and significantly reduces the need for expenditure on advertising.

While Divisions are not required to advertise on the national public procurement website etenders.gov.ie for requirements below €25,000 they are encouraged to do so if the anticipated response would not be disproportionate, having regard to the value of the requirement.

Procedures available Nationally

The main requirement in relation to contracts entered in to for supplies and services is for “Competitive Tendering” with Divisions/Units being widely encouraged to use the e-Tenders website as a standard means for awarding their contracts.

There are two alternatives for below EU threshold contracts:

a) Open Procedure

Divisions/Units may use the open procedure for below threshold contracts whereby tender documents are made available to all. This can be augmented by issuing tender documents to known suppliers. Tender documents should test the financial and technical capacity of supplier in addition to assessing their responsiveness to any specific requirements.

While the Department of Finance guidelines do not set down any timescales for the receipt of tenders/quotes it is the policy of the Department of Transport that a minimum of 21 days be given.


b) Restricted Procedure.

This is a two-phase procedure. Phase 1 being the request for expressions of interest (EOI) based on financial and technical capacity. As an alternative Divisions/Units may issue a questionnaire as a means of standardising responses. Phase 2 being the invitation to tender phase.

As with the open procedure it the policy of the Department of Transport that a minimum of 21 days be given to tenderers to respond to both phases i.e. 21 days to respond to requests for expressions of interest and 21 days for suppliers to submit tenders. It should be the practice where at all possible to invite at least 5 competent entities to tender.

Awarding a contract without a competitive processAwarding a contract below the EU value threshold without the use of a competitive process should be considered only in the following instances: Where only a proprietary product will meet requirements, such as parts or

components for equipment. Where an agent, licensee or franchise holder has sole rights to supply a service or

product. Where there is only one suitable qualified specialist in the relevant field. Where a particular service provider possesses a special advantage due, for

example, to earlier research exclusively carried out in a particular area, or has exclusive data or information required performing a particular task. In such circumstances, it must be demonstrably clear that another service provider could not perform a contract more economically.

Where due to the urgency a competitive process cannot be undertaken in the time available. What constitutes urgency cannot be specified definitively. Factors giving rise to urgency must be serious, unforeseeable and, except in the most exceptional circumstances (for instance a matter of urgent public safety or the like) not due to the action or inaction on the part of this Department. Occasions when it is necessary to award a contract without a competitive process due to urgency should be very rare because an appropriate competitive process can be completed relative quickly below thresholds, by direct invitation to tender to a number of suitably qualified suppliers or service providers (see Direct Invitation).

When awarding a contract, care should be taken to avoid entering into open-ended arrangements, for administrative convenience, that reduces or hinders competition.Market testing should be undertaken at appropriate intervals to ensure that market openness and competition is maintained. It may be even appropriate to advertise in the OJEU to establish if there are international suppliers capable of meeting your needs. However should the situation arise at a minimum a Division/Unit should negotiate the terms of the contract with the company to ensure value for money.

If for any reason it is proposed to procure any good/service above €25,000 without a competitive process, it should be noted that these procurements are subject to prior review by the Department’s Procurement Officer/ Internal Audit. Such instances where a competitive process is not used are subject to reporting to the Comptroller and Auditor General and the Department of Finance by the Secretary General.


Direct Invitation (without Advertising)

Alternatively a process of direct invitation to tender may be used. This may involve: invitation to firms deemed appropriately qualified for a particular project (this

maybe be appropriate for specialised requirements in markets where there is a limited number of suppliers or service providers);

invitation to tender to firms on a list established on an open and objective basis (normally used when there is a frequent or recurring requirement or to maintain a well organised ongoing procurement system).

Where direct invitations are issued, firms from which tenders are sought should be a good representative sample of all potential bidders in the market concerned. The number must be sufficient to ensure adequate competition, and should not be restricted for reasons of administrative convenience. At least five firms should normally be invited to submit tenders.

In keeping a list of firms from which they invite tenders a Division should advertise at appropriate intervals (normally on an annual basis) for the admission of interested parties and should ensure that the lists are open to suitably qualified entrants at all times. Care should be taken to ensure that such lists are used in an open and non - discriminatory manner and ensuring that recently established firms, or firms with no previous experience of public contracts, are not excluded from invitations to tender.


Section 3

Authorisation (Thresholds) and Responsibilities

Certifying and Authorising invoices.

For an invoice to be paid it must be - certified by an officer at any grade who confirms that the goods/services have

been received and authorised by an officer at HEO level or above from the cost centre incurring the

expenditure, subject to the following monetary limits –

Grade Authorisation Limit

HEO up to €50,000AP up to €200,000PO No limit.

To authorise an invoice for a particular cost centre, you must be listed on the authorising officers form for that cost centre currently held by Finance Division. Blank Authorising Officers forms can be found on the Finance Division forms page on Staffnet. Original completed copies of these forms should be submitted to Finance Division and must be updated whenever there is a change to the authorising officers for any cost centre. Finance Division will request updates on these forms annually however it is the Division’s responsibility to ensure that invoices are being authorised only by officers listed on the authorising officers form for that cost centre.

Divisions should endeavour to have an authorising officer at HEO, AP and PO level (or equivalents) for each of their cost centers in order to cover the range of authorisation limits listed above.

Framework Agreements

Framework Agreements/Panels

The revised public sector Directive provides for “framework agreements” under which contracting authorities enter into arrangements with suppliers or service providers to supply goods or services under agreed conditions for a period of time, normally not more than four years. Under these agreements, some elements of the requirement, for example quantity, price, precise product specification, will generally not be fully established at the start of the agreement. Advertising for framework agreements should set out the precise nature of the proposed procurements to the highest degree possible.

Framework agreements can be with one supplier or service provider, selected following a competitive process, to fulfill orders or supply services over the period of the agreement. Alternatively, they may be with a number of (at least three) pre - qualified suppliers or service providers. In the latter case, a contract may be awarded to one party to the agreement if the terms of the agreement so permit, or a contract may be the subject of a sub - competition between parties to the framework agreement.


The fundamental requirement is that non – discriminatory and transparent competition prevails in establishing framework agreements and in awarding contracts on the basis of such arrangements. The provisions of the revised Directive (Article 32) are designed to ensure this.

Operation of Panels/Lists

Lists of companies can be established from which future tenders may be sought for ongoing regular requirements. The existence of such a list from which tenders will be requested as and when requirements arise must be advertised.

The following shall operate in relation to panels/lists: Lists must be advertised on an annual basis; They must be established on the basis of seeking information on financial and

technical capacity; The number invited to tender should ensure sufficient competition and include at

least 5 tenderers if available; Selection of tenderers may be in accordance with:

a. Application of specific criteria, based on information available,b. Random selection,c. Rotation,d. Or a combination of the above.


Section 4

Quotation/Tendering Procedures

A. Low Value Procedure (less than €5,000)

This procedure must be used for purchases with an estimated value of less than €5,000. One or more quotations from competitive suppliers, Market testing should be carried out periodically, For purchases of less than €1,000 the use of a low value purchase card should be

considered, otherwise a Purchase Order must be raised, Relevant backing documentation filed (See reference to documentation).

B. Medium Value Procedure (between €5,000 and €25,000)

This procedure must be used for purchases with an estimated value greater than €5,000 and less than €25,000. Allocation (budget) must be in place before proceeding with purchase, Expenditure approval of budget holder required, Minimum of three competitive quotations based on specification, Advertising on e-tenders is recommended, All contract award procedures should include a verifiable audit trail, Purchase Order must be raised, Relevant backing documentation filed (See section on documentation).

C. High Value Purchase (between €25,000 and EU threshold)

This procedure must be used for purchases with an estimated value greater than €25,000 and less than €125,000 (current EU threshold). Allocation (budget) must be in place before proceeding with purchase, Expenditure approval of budget holder required, Formal tendering must be used, Specification is required, Minimum of 3 weeks response time for suppliers, Advertise on e-tenders unless exceptional circumstance, Sealed bids before a prescribed date, Formal purchase approval supported by technical/commercial recommendations

where appropriate, All contract award procedures should include a verifiable audit trail, Purchase Order must be raised, Relevant backing documentation filed (See section on documentation).

D. EU Procedure, (greater than EU Threshold)


This procedure must be used for purchases, which exceed the EU threshold. (Currently €125,000 for supplies and services) Prior Information Notice should be used if practical, Allocation (budget) must be in place before proceeding with purchase, Expenditure approval of budget holder required, Formal tendering must be used, Call for competition (outlining OJEU award criteria), OJEN contract award notice, All contract award procedures should include a verifiable audit trail, Purchase Order must be raised, Relevant backing documentation filed (See section on documentation.

Formal Tendering Process

a. Budget approvalA realistic estimate of all phases of the service or product is essential, as this will influence the procurement procedure to be followed and is important for budgeting purposes. Establish whether sufficient funds are available to meet the purchase. If there is an on-going commitment into a subsequent year, the funding for this eventuality must be factored in. It is important at this stage to determine whether the estimate (exclusive of VAT) is over the relevant EU procurement threshold (see Appendix 1)

Once a realistic estimate of cost is available the relevant budget holder (Principal Officer) should be requested to approve the expenditure. This should be done a timely fashion. The senior management (i.e. Principal Officer level for projects with a cost estimate less than €500,000; Assistant Secretary level for projects at or above this level; and Accounting Officer level for all projects with a cost estimate equal to or in excess of €30 million) review of the business case must, at a minimum, assess and approve the business justification for the project on presentation of the full business case; the decision to hire external support; and the procurement strategy proposed.If no funding is available it will be necessary to make a business case to the Finance Division to establish if funding can be made. Under no circumstances must a commitment be made to initiate any procurement process in the absence of a sufficient budget sanctioned by the Finance Division and should a procurement process be initiated in the absence of such funding a Division may find that its future budget might be reduced accordingly.

b. Specification of requirements

A specification should be as open and generic as possible to avoid favouring one bidder or particular solution. The performance and or functional characteristics of the product or service sought should be set out in language that is clear, concise, logical and unambiguous. The specification must be comprehensive with sufficient information for potential bidders to decide and put a cost on the supplies and/or services required and must set out the criteria for the selection of the successful tenderer.


It is very important that the specification does not make reference to trade names/patents or individual companies. In exceptional circumstances where there is no alternative it is essential that the words “or equivalent” are included.

c. Terms of Reference

Terms of reference are essentially the specification for consultancy services. Standard terms of reference include: Brief background on the Department including scale and number of staff etc; Details and background of the proposed assignment; Required deliverables from consultant; Timeline including proposed starting date; Outline resources to be provided by the Department/Division if relevant; Reporting & contact details; Selection details including contract award criteria; If required, notification that presentation to selection panel must be made; Request for reference details and CV’s of proposed project team.

d. Selection of potential suppliers

It is important to put serious thought and consideration into the selection of potential suppliers. One established way is to establish a list of firms from which tenders for different requirements can be sought. The existence of such list(s) should be advertised annually and the admission to the list must be open to suitably qualified entrants at all time. It is very important that the use of lists is done so in an open, transparent and non-discriminatory way.

In general terms it is always prudent to take a proactive approach in investigating the market with a view to sourcing new suppliers. This is particularly so when the tenderers on existing list have not change in some years.

e. Pre tender clarification requests

Following the issue of tender documents, any further correspondence with the tenderers prior to the closing date of the competition, must be verifiable, e.g. copy of fax, email or registered post. It is recommended that any bidders seeking clarification or additional information do so to a specified email address rather than by phone. Any response to verbal queries should be confirmed in writing /email.

Responses to requests for information or for tender documentation in an open procedure and any other supporting documentation must be issued without delay and within a maximum of six days of the request. Requests for additional information received in good time must be replied to at least six days before the latest date for receipt of tenders. In order to avoid giving any unfair advantage, additional information supplied to one party in response to a request for additional information should be supplied to every interested party if it could be deemed significant in the context of preparing a tender.

It may arise where tenderers do not have sufficient time to prepare a complete tender and they request an extension to the bidding period. Only in very exceptional


circumstances should a request for an extension be granted and normally this will only occur if a substantial number of interested parties submit similar requests. Under no circumstances should an extension be given if the request is received within seven days of the closing date.

In the event that bidders are invited to visit a site/office to fully assess a proposed contract before submitting a formal tender, all companies/individuals on the tender list must be invited so that each has the same opportunity to tender effectively. Site visits must be carefully arranged and supervised by a nominated person and due care must be taken to ensure that all bidders are given the same information and access.

f. Developing evaluation selection/award criteria

All tendering procedures can be divided into two separate assessment operation:

Selection Criteria – These criteria are concerned with the qualities of the supplier as such in terms of their financial, economic and technical resources at their disposal.

Contract Award Criteria – The award criteria relate to the qualities and cost of the products or services which the supplier proposes to provide if successful in winning the contract.

In short, contracts are awarded after applying the award criteria, but only after the suitability of those excluded have been checked under the suitability criteria.

Sample of Award Criteria for a Service Contract Criterion Weightin

gMinimum score required

1 Ultimate Cost 35% N/a2 Methodology for delivery of the service 20% 12003 Quality, quantity and balance of resources offered 30% 18004 Project plan 10% 6005 Reliability and continuity of supply 5% 300

Sample of Award Criteria for a Supply Contract Criterion Weightin

gMinimum score required

1 Ultimate Cost 40% N/a2 Quality of Product Offered 25% 15003 Contract Management 15% 9004 Delivery Schedules proposed 15% 905 Reliability and Continuity of Supply 5% 300

Evaluating Selection Criteria


When information is sought from suppliers to test their financial and technical competence as part of the expression of interest under the restricted procedure or as part of the tender under the open procedure, all the information received must be assessed

In the open procedure it is a process of verifying that tenderers meet the minimum levels set (a yes/no process, whereby they must meet the minimum levels). In the open procedure a large number of tenders may be received. The evaluation process involves firstly confirming that the tenderers meet the minimum levels of financial/technical competence; secondly confirming that they comply with the specification and lastly they are evaluated against the award criteria.

When a notice is published using the restricted procedure it requests candidates to supply information concerning their financial and technical competence – a questionnaire can be used to ensure standardised responses. The information needs to be evaluated using a scoring matrix. Weightings must be applied to each criterion prior to opening/assessing the expression of interest.

Evaluating Award Criteria

When tenders have been received they should be evaluated on the basis of the specification issued and the award criteria and weightings indicated and by the same team appointed before the invitation to tender has issued. In relation to award criteria it is a requirement to include the weightings for each criterion in the tender documents (for EU procurements). Tenders must be evaluated against the stated criteria. No new criteria can be introduced once the tenders have been received. The tenderer with the highest score, meeting all the criteria is the winning tender.

g. Delivery and opening tenders

All tenders should be opened together and as soon as possible after the designated time and date of receipt. They must be opened in the presence of two officials to ensure in the case of a dispute there is a clear and formal vouched report of the tenders received. They should be signed and date stamped as should the Form of Tender and other tender pages, which contain prices, rates etc. Tenders received after prescribed deadline should be returned unopened.

Tender details should be recorded on “Certificate of Tenders Received” (See templates). The two officials involved in the opening process should sign this form.

After tenders have been opened, information relating to tenders should not be disclosed to any of the tenderers or to any staff not officially concerned in the tendering process.

h. Evaluation of tenders and contract award

Tenders are evaluated on a technical/commercial basis.


Only tenders that comply with the specifications and general requirements of the tender documentation will be considered

A tender that does not meet these needs cannot be accepted and must be treated as invalid

The pre-published award criteria may not be altered in carrying out the evaluation process

Tenders which fall into the following categories may be rejected: Irregular tenders which fail to meet the specification; Unacceptable tenders which fail to meet the suitability criteria, or

late; “unsuitable" tenders which fail properly to address the

requirements to any reasonable degree.

Example of Tender Evaluation Spreadsheet

Quality of Product

Delivery Schedules

Contract Management

Cost Total Score

Weighting 45% 10% 10% 35%Minimum Score 27% 6% 6% N/aTender A €150,000 2700 800 800 3,500 7600Tender B €200,000 3600 800 800 2,625 7,825Tender C €250,000 3600 1000 1000 2,100 7,700

The result shows that Tender B is the winner even though priced at 33% higher than the lowest cost.

Scoring Cost

Cost scoring may be carried out using a variety of different formulae. The two most commonly used methods include:

1. Graduated Scale is calculated as follows: number of points scored = the cost of the lowest valid tender divided by the cost of the tender being assessed and multiplied by the maximum score achievable.

2. Sudden Death is calculated as follows:

Number of points is calculated by deducting the same percentage from the maximum score achievable as the percentage by which the tender in question exceeds the cost of lowest tender.

Maximum Score Tender A Tender B Tender C


3500 points (Representing cost at 35% weighting)

€150,000 (lowest cost)

€200,000 (33% higher)

€250,000 (66% higher)

Formula using Graduated Scale 150,000x 3500150,000

150,000x 3500200,000

150,000x 3500250,000

Score using Graduated Scale 3,500 2,625 2,100

Score using Sudden Death 3,500 2,333 (33% lower) 1,166 (66% lower)

Tenderers should be informed as to which methodology has been chosen for the evaluation and scoring of cost.

Evaluation Report

To support final approval of the contract the tender evaluation committee/group should complete a signed tender evaluation report, which should be retained on file.

i. De-briefing unsuccessful suppliers

Apart from observing the legal obligations where the provisions of the procurement Directives apply, where contracts are awarded on the basis of the most economically advantageous it is good practice to adopt a voluntary constructive policy on de-briefing unsuccessful candidates. Unsuccessful tenderers should be given an objective assessment of the comparative strengths and weaknesses of their tenders having due regard of the need to avoid compromising the competitive situation of tenderers and for commercial sensitivity.

In the case of contracts under €25,000 unsuccessful candidates should at a minimum be informed of the outcome of their tender by reference to their performance under the relevant evaluation criteria used in the competition An offer of feedback by telephone should normally be sufficient in these cases subject to being satisfied as to the identity of the tenderer.

In the case of larger contracts above €25,000 unsuccessful tenderers should be afforded an opportunity of a debriefing meeting. While many requests may be satisfied by telephone feedback, where a more formal or personal debriefing is required it would be normal practice to have two officials in attendance and a note of the proceedings be kept for the records. Tenderers should be made aware that the decision was not just the opinion of one individual but was made by an evaluation team. The discussions should address the tenderers offer against the evaluation criteria focusing on the relevant strengths and weaknesses of the tender. It is imperative that information such as the identity or the prices of other tenderers or information that could compromise the competitive situation should not be disclosed.


j. Contract Management,

Once a contract has been signed or purchase order has been raised, it is incumbent on the Department of Transport that the supplies, works or services are delivered in accordance with the terms of the tender and the prices quoted. If companies fail to meet these requirements they should be contacted immediately and a management process of improvement put in place. A full written record of all correspondence with/from the supplier should be maintained.

k. Filing and storage of tender documentation

A Division must maintain complete records of each stage of the procurement process. The records must detail all decisions made in relation to the contract and must be kept for a period of at least seven (7) years.

The file should be clearly labelled, with contract description and reference number and should be divided into the following sub-sections:

Post award correspondence, Regret letters, Approval letter/Purchase Order/ Award Notice, Tender evaluation, Post tender correspondence, Copies of tenders, Certificate of tender, Pre-tender correspondence, RFT documents & tender list, Specification, OJEU Notice/List of respondents, Approved business case.

A copy of every contract entered into should be forwarded to the Procurement Unit of the Finance Division.

l. Risk Management

The Report of the Working Group on the Accountability of Secretaries General and Accounting Officers (the Mullarkey Report) recommended, inter alia, that all Government Departments and offices should introduce a formal risk management system and should make risk management part of the business planning process. The process of risk management involves a cycle of identifying risks, evaluating their potential consequences and determining the most effective methods of responding to them. This means reducing the chances of their occurrence and reducing their impact if they do occur.

Divisions should ensure that appropriate procedures are in place to identify and assess


all relevant risks throughout the procurement cycle. As a general principle, risks should be borne by the party best placed to manage them and a body should not accept risks, which another party is better placed to manage.

While a detailed exposition of risk assessment and management is beyond the scope of these guidelines, Division’s should note that, typically, risk will impact the project at different stages and it should be addressed appropriately as follows:

Project risk. This encompasses risk to the project from the inadequate definition or assessment of the need, scope, scale and financing of the project. These should be addressed in the business case;

Process risk. This is risk resulting from an inadequate knowledge of national and EU procurement policy and law and from incorrectly or inadequately carrying out a public procurement procedure. Process risk is addressed by adhering to these guidelines and to the other documents referenced herein;

Relationship risk. This is risk resulting from inadequate relationships with the contract holder and the implementation of the project. It is addressed by the contract, the project management plan, project management procedures and by review procedures (e.g. mid-term review, independent peer review, etc.);

Termination risk. This is risk resulting from inadequate definition of project boundaries, of ‘project creep’, incrementalism, etc. It is addressed by having a business case that specifies the scope of the project; a contract that states how and when project change can occur; by change management procedures; and by the final report.


Section 5

Engagement of Consultants and other External Support

Consultancy is where a person, organisation or group thereof is engaged to provide intellectual or knowledge-based services (e.g. expert analysis and advice) through delivering reports, studies, assessments, recommendations, proposals, etc. that contribute to decision - or policy-making in a contracting authority. The engagement should be for a limited time period to carry out a specific finite task or set of tasks that involve expert skills or capabilities that would not normally be expected to reside within this Department.

A contractor is a person, organisation or group thereof engaged, for a limited time period, to provide specified goods, works or services (including ICT (information and communications technology) services) that implement established policy objectives; to assist a Department in carrying out its operations and functions; or to perform operations or functions that involve skills or capabilities that would normally be expected to reside within the Department but which are not currently available. Contractors come under the direction of a Department for operational purposes and take day-to-day instructions from local management even though they are not employees of the contracting authority. Particular care should be taken at all times to ensure that such contractors are not at any stage explicitly or implicitly treated as employees of this Department.

External Service Providers are organisations that provide the services or the human/physical resources to meet the ICT and other service requirements of a Department. These requirements could include software development; network installation and management; infrastructure management; data centre hosting; managed services; shared services, etc. External service provision involves the transfer of actions for delivering business functions or services to an external service provider but does not include the use of contractors (i.e. external support under the day-to-day direction of the contracting authority) or the cost of purchasing packaged software.

Additionally, external support may be required where: a need for an external assessment is deemed essential; a study or review is required by an external body (e.g. the European Commission); a study/project must be completed within a short time scale and, although the

knowledge or expertise may be available within the Department, performing the task in-house would involve a prohibitive opportunity cost (i.e. total cost of diverted staff, including relevant overheads etc.) or would be impractical (e.g. staff engaged on other essential duties would have to be diverted), or it might not be possible to redeploy staff cost-effectively redeployed in the timeframe required.

Engaging external support

Before a Department considers hiring external support, it must first determine that the project cannot be delivered in-house. If adequate internal resources are not available


or if an external review is mandated, it is only at this stage that hiring of external support should be considered.

Departments/Offices to which Department of Finance Circular 16/97 New delegated arrangements for IT related expenditure [including office machinery] applies must consult the Centre for Management & Organization Development (CMOD) of the Department of Finance if appropriate delegated sanction is not in place.

In line with stated Government policy, all public bodies must use a competitive process for the purchase of goods and services, whatever the value. Consultants, contractors and outside service providers, therefore, must be engaged following such a process. Awarding a contract without a competitive process can be considered only in the situations specified in section 2 (Direct Invitation without Advertising). If the value of the contract is equal to or above the EU threshold, the provisions of Article 31 of Directive 2004/18/EC must be complied with where a contract notice has not been published or Article 30, where such notice has been published.

Services comprising a significant element of direct service to office holder

When hiring external support, the attention of Departments is drawn to the ‘Additional procedures to apply to certain consultancies and procurements relating to proposed consultancy (or other services) comprising a significant element of direct service to a Minister or Minister of State’, which were approved by Government (February 2005) and issued by the Department of the Taoiseach.

Ethics in Public Office Act 1995

When external support is appointed personally by an office holder without a competitive process, Departments of State should note, under paragraph 19.1(b) of the Ethics in Public Office Act 1995 that a ‘special adviser’ is any person who was or is:

Employed under a contract for services by an office holder, having been selected for the award of the contract by an office holder personally otherwise than by means of a competitive process; and

Whose function or principal function as such a person was or is to provide advice or other assistance to or for the office holder.

Therefore, if a person is: (a) selected by the office holder personally; (b) employed under a contract for services that was awarded without a competitive process; and (c) whose function or principal function is to provide advice or other assistance to or for the office holder, the person is a special adviser, as provided for by section 19(1)(b) the 1995 Ethics Act and, where this is the case, there must be compliance by both the office holder concerned and the special adviser with their respective obligations (e.g. laying the contract before the Houses of the Oireachtas, preparing and furnishing statements of interests, etc.) as required by the Ethics legislation.

Note that special advisors can also be appointed under the provisions of section 19(1)(a) of the Ethics in Public Office Act 1995 (i.e. where an excluding order is obtained)


and under the provisions of section 11(1) of the Public Services Management Act 1997 (i.e. by Government order).

Engagement of external support by Body to undertake work in another

Occasionally, a Department may engage external support to perform work in other public bodies. For example, the Office of Public Works may have responsibility or be best placed to engage external support on certain professional or technical issues on behalf of other public bodies. If this is the case, the beneficiary body (i.e. public body on behalf of which the external support is being engaged) must agree that the procedures of the Department for the engagement of external support are the procedures to be complied with for the duration of the project. At a minimum, the beneficiary body must be represented on the project board as the user co-coordinator, formulate and express its policy objectives for the project, sign off the business case at the appropriate level, be present at the opening of the tenders, be represented on the evaluation team, be part of the approval process for the deliverables and sign off the final report.

Documenting the decision to acquire external support

The importance of good documentation in the success of a project should never be underestimated. A project file must be opened, allocated an official reference number and maintained for each project requiring external support. At a minimum, the file must contain the documents listed in Appendix 2.

Accounting for consultancy, contracting and external services

Where to charge consultancy expenditure?

In this Department, all expenditure on consultancies should be charged to the Consultancy Subhead (A7) of the Vote, except where the consultancy is required: Major investment programmes or major asset disposals; Reviews or evaluations of EU-supported programmes; Related to programme expenditure; Related to Value for Money policy reviews; in which case, the consultancy should

be charged against the dedicated subhead (A8).

Consultancy related to programme expenditure should be attributed to the relevant programme subhead. Where this occurs the cost should be identified separately in the subhead(s) concerned in the "Details of Certain Subheads" section of the Revised Book of Estimates and in a note to the Appropriation Account.

All consultancy expenditure, whether charged to A7, A8 or programme subheads (including funds from Grant-in-Aid subheads), should also continue to be listed in Appendix 9 to the REV.


Where to charge Contractors and External Service Providers expenditure

Expenditure on contractors and external service provision should be charged to the relevant element of the A5 subhead or to a programme subhead, as appropriate and not classified as consultancy. If any doubt arises as to whether a consultancy should be treated as programme or administrative budget expenditure, Finance Division should be consulted.

Establishing the Business Case for Consultancy services

As engaging external support is a cost on the public purse, a business case for the project, linked to this Department’s business strategy, must be produced and must provide financial justification for the project based on its whole life cost. In essence, the business case must justify the project in business terms; say what business benefits can be expected by implementing it; and must show why the project cannot be developed in-house and why external support is required. The business case must demonstrate in clear concise terms understandable to senior management that the envisaged solution is the optimum combination of fitness for purpose and whole life cost that meets the Department’s policy objectives for the project. That is to say, when implemented, it will achieve Value for Money.

The relevant Division must determine the set of outputs that, if delivered to its quality standards and if implemented on schedule and on budget, will be the most effective in achieving the Department’s policy objectives for the project. The business case, therefore, must present the deliverables, whether goods or services that the contract holder will be required to produce or provide. It must show how these deliverables will meet this Department’s policy objectives for the project and that its goals are expressed and quantified in terms of impact on this Department’s business objectives. This is a key requirement, and if the proposed deliverables cannot meet this Department’s policy objectives for the project, serious consideration should be given to cancellation of the project or to carry out a review of its justification. The use of whole life costing will help determine the total cost of achieving the policy objectives in the way envisaged by this Department.

The business requirements must be stated in sufficient detail to enable tenderers to make workable proposals and to ensure that ‘project creep’ does not occur. This is particularly important for business transformation and equivalent projects that demand a clear and consistent articulation of vision and goals.

For contracts below the EU threshold, all Divisions should develop a business case, at a level of detail proportional to the value of the contract, prior to obtaining external support. For simple and low price contracts for services (e.g. hiring computer programmers to carry out specific tasks) whole life costing may well be excessive and Department, in such situations, should develop Requests for Tender with clearly defined technical specifications and requirements for contractors or external service providers to perform specific tasks at the lowest cost or that are the most economically advantageous.


For framework agreements, it should not be necessary to set out a detailed business case for every individual contract to be drawn down under the agreement, as the initial business case would have justified the decision to set up the framework agreement and addressed the type of contracts it was envisaged to establish under the framework. In all cases, the business case must be approved at the appropriate management level before engaging external support.

In establishing the business case, it is good practice for the contracting authority to consult with other public sector Department that have carried out similar projects involving external support. The objective is to build on the success of these projects and not to repeat problems.

Information on consultancies can be obtained from the central database on consultancies, maintained by the Department of Finance. The VFM reports of the Office of the Comptroller & Auditor General are a good source of information on the use of external support in public projects.

Whole Life Costings

The total cost of ownership of an asset or a service to a Department is the totality of the costs incurred throughout the life of the asset or service and is not simply the purchase price.

Whole life costing assesses the total cost of an asset or service over its whole life: it takes into account the initial purchase cost and additional related costs, (e.g. ongoing maintenance and operational costs, disposal costs (if relevant), and other costs (be they staffing, supervisory, health and safety, etc.) specific to the solution that the contracting authority otherwise would have not incurred if it had not acquired the asset or service. If whole life costing is not carried out it is unlikely that VFM can be achieved.

Department/Division must decide the pricing model that will allow the award of a contract on a basis that complies with public procurement policy and that will also obtain VFM over the life of the project. This can be achieved by developing a pricing model or cost breakdown structure that will evaluate the fixed (and variable, if any) prices proposed by tenderers over the whole life of the project. In particular, a tenderers cost proposal must be evaluated to see if it changes the contracting authority’s costs, and what impact such changes would have on the whole life cost of the project.

In ‘design and build’ or ‘advise and execute’ projects, it is often only when the design or advice is presented that the future (i.e. staffing/operating) costs of a project become clear (i.e. it may not be possible to estimate whole life costs accurately until the initial phases of the project are completed).

Similarly, in management consultancy reviews the initial conclusions may have a negative impact on, for example, consequential pay claims, grading claims, etc. that do not conform to government policy and other expenditure or human resource policy. In these cases, both the contract and the project planning must allow for a


review phase to reject a design and / or policy proposal or to terminate any subsequent phase of the contract, because of future costs and / or negative policy implications.

Cost benefit analysis

For all projects with an estimated cost in excess of €30 million a cost benefit analysis must be carried out. The cost benefit analysis must identify costs on as wide a basis as possible, be maintained and reassessed throughout the project and be used to set out targets and plans to achieve the identified benefits. It must be annexed to the business case and lodged in the project file.

Risk Assessment and Management

The Report of the Working Group on the Accountability of Secretaries General and Accounting Officers (the Mullarkey Report) recommended, inter alia, that all Government Departments and offices should introduce a formal risk management system and should make risk management part of the business planning process. The process of risk management involves a cycle of identifying risks, evaluating their potential consequences and determining the most effective methods of responding to them. This means reducing the chances of their occurrence and reducing their impact if they do occur.

Risk management should be built into Departments procurement procedures.Divisions should ensure that appropriate procedures are in place to identify and assessall relevant risks throughout the procurement cycle. As a general principle, risks should be borne by the party best placed to manage them and a body should not accept risks, which another party is better placed to manage. (Please refer to separate reference to Risk at Section 4.

Approval of the Business Case

The senior management (i.e. Principal Officer level for projects with a cost estimate less than €500,000; Assistant Secretary level for projects at or above this level; and Accounting Officer level for all projects with a cost estimate equal to or in excess of €30 million) review of the business case must, at a minimum, assess and approve the business justification for the project on presentation of the full business case; the decision to hire external support; and the procurement strategy proposed.

Senior management should also confirm that the project is well planned and will achieve policy objectives of sufficient importance to the contracting authority relative to the whole life costs, in terms of the resources, both financial and personnel, which they are prepared to commit to the implementation of the project and thereafter; that the business case is comprehensive, has been properly prepared and is justified; and, that, on implementation, the project will achieve the contracting authority’s policy objectives and VFM.

The approved business case must be lodged in the project file. As this Department is operating under an Administrative Budget Agreement, the provisions of that agreement in relation to delegated sanction for engaging consultants and other external support must be followed. Even if the estimated cost is within the overall


level delegated to this Department, the Department of Finance / CMOD may wish to view the business case and / or the Request for Tenders (RFT), e.g. if a purchase within the delegated limit could significantly affect future spending decisions or could impact on civil service numbers policy.

Absence of a business case.

There may be occasions when this Department needs to engage external support at short notice to deal with matters of public urgency. In these cases there may be no time to prepare a business case. If this happens the project manager must ensure that there is compliance with all key elements of these guidelines (and both national and EU public procurement law, as appropriate); the reasons for the departure from normal practice are recorded in the project file and that the decision to proceed without a business case is approved and signed off at the appropriate level.

The decision to proceed without a full business case must be documented, approved at the appropriate level and the decision recorded in the project file.

Project Organisation

Projects must not take place without clearly defined lines of authority, responsibility and accountability and a means of ensuring they are observed in practice. The project organisation (i.e. the Department’s intended management structure for the project and the envisaged allocation of staff to the project) must be defined in the business case. Typically, for all but the smallest projects, this will involve a steering committee chaired at senior level to oversee the project, the appointment of a staff member as project manager and the assignment of appropriate business, technical and user co-ordinators. For all major ICT and capital projects within the public sector an individual civil/public servant must be assigned as project manager with responsibility for the project.

The project manager is responsible for managing the external support to achieve project targets and for reporting progress to the project board and to the Management Board. A checklist on the responsibilities of a project manager in relation to the management of a contract is in the ‘Quigley Report – Guidelines (appendix B - Managing Consultancy Contract (Checklist for Departments)’, available on the e-Tenders web site under ‘General Procurement Guidance’.

In addition, as part of the delegated sanction arrangements for ICT Projects (i.e. the regime established by circular 16/97) Departments and Offices are required to maintain a progress report for all such projects. Copies of the circular 16/97 progress reports must be retained in the project file. The template for such reports is available from IT Control Section, CMOD, Department of Finance.

Re-Tendering

The RFT must state clearly that open ended contracts cannot be awarded and that, in all cases there cannot be an extension of a contract for services without re-tendering, if the cost of the extension is more than 50% of the original contract price or exceeds €250,000 whichever is the lower. Where future phases of a project are envisaged,


RFT’s must make it clear that being awarded a contract for any particular phase does not give to the contract holder any entitlement to be engaged for any other or subsequent phase.

Reporting on Contracts

For all capital projects with a cost in excess of €30 million and for all ICT, consultancy and other projects with a cost in excess of €5 million, the relevant must furnish a separate progress report, on a quarterly basis, to the Departments Management Board for departmental projects and then to the Minister. These reports may be subject to inspection by the Department of Finance.

As part of the annual capital envelope this Department must furnish a report in relation to capital projects with a cost in excess of €30 million in a format that shows, for these projects, the outputs against contract timescales and budgets to the Department of Finance and in the Annual Report on the Statement of Strategy.This Department must furnish annually to the Department of Finance a report on the ICT projects in our ICT strategy statement and must publish progress on peer reviews of major ICT projects on a Department of Finance website.


Appendices/Templates

Appendix 1 - Thresholds

Thresholds (exclusive of VAT) above which advertising of contracts in the Official Journal of the EU is obligatory, applicable from 1 January 2010 to 31 December 2011 1 :

Revised public procurement Directives simplify the threshold provisions by abolishing the two-tier system that existed under the former Directives and the Government Procurement Agreement (GPA) of the World Trade Organisation and by rounding the threshold values.

The main advertising thresholds with effect from 1 January 2010 to 31 December 2011 are as follows:

WorksContract Notice €4,845,000 Threshold applies to Government Departments and

Offices, Local and Regional Authorities and other public bodies.

Supplies and ServicesContract Notice €125,000 Threshold applies to Government Departments and

Offices

Contract Notice €193,000 Threshold applies to Local and Regional Authorities and public bodies outside the Utilities sector.

UtilitiesWorks Contracts / Prior Indicative Notice

€4,845,000 For entities in Utilities sectors covered by GPA

Supplies and Services € 387,000 For entities in Utilities sectors covered by GPA

1 Thresholds are revised every two years. Full and up to date thresholds can be checked on the EU public procurement website http://simap.eu.int .


http://simap.eu.int/

Appendix 2 - Project File

The project file should contain:

a record of the meeting at which it was decided to engage external support and the reasons justifying this decision;

the business case; the cost benefit analysis (if performed); all correspondence wit the Department of Finance the contract notice; all advertising related to the tender; the Requests for Tender; all clarifications sent to those who requested the tenders; the report of the opening of the tenders; the successful tender. (Unsuccessful tenders should be archived together with a copy of

the RFT, the contract notice and the evaluation report); the evaluation report; the acceptance by management of the evaluation team’s report the acceptance letter to the successful tender informing of the result of the tender

competition; the letters to the unsuccessful tenders; the contract award notices; the contract; the project management plan (including the risk assessment); the minutes of all project management meetings (including the project inception

meeting); all orders to the contract holder for work-packages/services; all requests/responses for project changes; for framework agreements all correspondence, including orders, relating to individual

contracts/draw downs; all requests for payment by the contract holder; all requests for expenses, supporting documentation and vouched expense claims from the

contract holder; all acceptance notes for deliverables and services; all acceptance notes for expenses all correspondence with contract holder, including emails; all progress reports; the reports of any mid-term or perm reviews; the final report the post-implementation review or review/reports by third parties.


Appendix 3 - Glossary of Terms

Call for Competition The means by which public bodies advertise their requirements – published in the Official Journal of the European Communities

Candidate Supplier, contractor or service provided seeking to be included on tender list

Contracting Authority

The buying organisation i.e. the Department of Transport

EEA Agreement An agreement between EU and Norway, Iceland and Liechtenstein (means European Economic Area)

eTenders The Irish Government website for advertising contracts of national and EU value. Site www.etenders.gov.ie

EU European Union

EU Countries 25 Member States – Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic and Slovenia

FOI Freedom of Information - as per Act of 1997 and subsequent amendments

GPA Government Procurement Agreement

Irregular Tender A tender that fails to comply in all material respects with the specification

ITT Invitation to Tender

Negotiated Procedure A purchasing procedure that involves negotiating with a small number of companies (approx 3). It is widely used by utilities but can only be used by the public sector in limited circumstances.

OJEU Official Journal of the European Union where all above threshold advertisements are published.

Open Procedure This is a commonly used purchasing procedure whereby all those companies who apply for tender documents will be allowed to tender.

PIN Prior Information Notice – the means by which contracting entities indicate their purchases over the following 12 months at European level – required when an aggregated product requirement or category of service will exceed €750,000

Restricted Procedure 2 Phase purchasing procedure. Phase 1 seeks information on minimum criteria, which must be met in order to be considered for tender list. Under this procedure normally at least 5 organisations are invited to tender (Phase 2).


http://www.etenders.gov.ie/

RFT Request for Tender

Service Provider An individual or company which provides services

SIMAP System Informatique de Marches Publiques – The European Commission’s Public Procurement website. Simap.eu.int

Specification A description of the product or service required in terms of functional and/or technical performance etc.

Supplier An individual or company, which provides goods or products.

TED Tenders Electronic Daily – European Commission website for publication of notices in the OJEU.

Tender The documentation issued by a contracting entity seeking prices and or proposals. Tender also refers to the submission from the supplier or service provider detailing their offer.

Tenderer Supplier, contractor or service provider invited to submit a tender

WTO World Trade Organisation


Appendix 4 - Guide to etenders website

The Irish Government has established a common procurement portal www.etenders.gov.ie for use by all public bodies or bodies in receipt of state funding. It is a one-stop-shop for public bodies to publish contract opportunities and for the market to identify opportunities. It is a free service for all users

The site can be used to issue National or European Notices. The options are to create:

A Site Notice - for National advertising – notices appear immediately on etenders only,

An OJEU Notice – for contracts subject to European rules – notices appear on etenders and are sent automatically to the European Journal and published in approximately 3-5 days. (It is advisable to check when they have been published and to copy to file with publication date and reference number). One can log on to OJEU website as follows: ted.europa.eu

The Department of Transport is a registered buyer on etenders and it this Department’s policy to utilise this portal to the fullest possible extent.

1. Registration

If you have not already done so go to www.etenders.gov.ie and click the register link on the top menu and enter your details. Your registration will be checked and approved within a short period and you will be granted full access to the site.

2. Check your details

If you have already registered, go to www.etenders.gov.ie select the sign in link from the top menu, and enter your username and password. If you have forgotten your password use the ‘Forgot your password’ link on the sign in page and it will be emailed to you. After signing in you will be taken to the ‘Supplier Home Page’ and from there you can view and update your registration details and check on tenders that you have previously registered an interest in.

3. Searching for Notices

One can search for notices published by various awarding authorities by selecting the ‘Notices Search’ from the top menu and entering your search criteria. By default all the current notices will be selected and you can page through them by using the ‘video recorder’ type controls and the top of the list. To filter the number of tenders, select a category and/or enter a keyword and click the search button.

4. Viewing a Notice

Click on the title of the tender to view the full notice and optionally register your interest in the notice. When you register an interest you will be sent any additional documents when they become available.





Appendix 5 - Summary Overview of Procedures and Timescales

Supplies of Services (ex of VAT)

Works (ex of VAT)

Process

Between €500 - €5,000 one quotation from know suppliers

Between €5,000 - €25,000 Below €250,000 Two procurement options:

1. Three written quotations from suitable suppliers

2. Advertise on the etenders website, www.etenders.gov.iewhere supply-base is not known

Between €25,000 - €125,000

Between €250,000 - €5,278,000

One Procurement option:

Advertise on the etenders website, www.etenders.gov.ie

Greater than €125,000 Greater than €5,278,000

One Procurement option:

Advertise in Official Journal of European Union – seek advice on procedure to adopt i.e. open, restricted, negotiated or competitive dialogue.

Note: When deciding the appropriate process on should work on the basis of 10-15% less than threshold to ensure appropriate coverage




Procedure Receipt of expressions of interest

Receipt of tenders

National [Recommended]

Open – National

Restricted - National

N/A

21 days

21 days

21 days

European [Mandatory]

Open - Normal

Open - Using eTenders for notices

Open - Using eTenders for notices and tender documents

Open - with PIN Notice published 52 days before Call for Competition

Open - with PIN Notice published 52 days before Call for Competition and using eTenders for notices and tender documents

Restricted - Normal

Restricted - using eTenders for notice

Restricted - using eTenders for notice and tender documents

Restricted - with PIN published

Restricted - with PIN and using eTenders for Notice

Competitive Dialogue - Normal

Competitive Dialogue - using eTenders for Notice

N/a

N/a

N/a

N/a

N/a

37 days

30 days

30 days

37 days

30 days

37 days

30 days

52 days

45 days

40 days

22-36 days

10-24 days

40 days

40 days

35 days

22-36 days

17-31 days

No time stated but at least 10 days recommended

At least 10 days recommended


Template 1 - Certificate of Tender Received

Contract Description………………………………………Ref No…………………….Opening Date & Time……………………..

Name of Tenderer Tender Reference Date of Tender Price Details Comments

Signature (Official 1)…………………………………………………………………..Date……………………

Signature (Official 2). ………………………………………………………………….Date……………………

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Template 2 - Open Procedure Tender Evaluation

First Stage – Examine if tenderers meet the minimum standards specified in the tender documents/notice, in terms of technical and financial capacity and expertise

Company Similar Contracts

Design Experience

Staff Qualifications

Turnover/Size Quality Assurance

Financial Capacity

Safety & Environmental

Company ‘A’ YES YES YES YES YES YES YESCompany ‘B’ YES YES NO YES YES YES YESCompany ‘C’ YES YES YES YES YES YES YESCompany ‘D’ NO YES NO YES NO YES YESCompany ‘E’ YES YES YES YES YES YES YESCompany ‘F’ NO NO YES YES NO YES YESCompany ‘G’ YES YES YES YES YES YES YESCompany ‘H’ YES NO YES NO YES NO YES

Outcome of Assessment:

Companies A, C, E and G meet the minimum standard and are therefore eligible to have their tenders evaluated.

The remaining companies do not meet the minimum standard and are ruled out of further consideration (i.e. their tenders will not be evaluated).

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Template 3 - Score sheet for Evaluation of Tenders

Example: - Consultancy for Value for Money and Policy Review

Award Criteria Quality of proposal in addressing

requirements of project

Relevant knowledge, skills and

expertise of personnel

assigned to project

Ultimate Cost (inc expenses)

Company access to relevant

international information

Proposed methodology

Timeframe for delivery

Total marks awarded

Total Points available

25 25 25 10 10 5 100

Company A 20 20 22 8 5 5 80Company B 22 18 15 6 5 5 71Company C 20 15 10 5 8 5 63

Outcome: - Company ‘A’ received the highest number of points and is recommended for the contract

Signed: - Evaluation team …………………………………………………………………………. Date:……………………………….

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Template 4 - Score Sheet for Evaluation of Tenders – (Multiplier Method)

Example: Purchase of a Van

Award Criteria Technical Characteristics

After Sales Services

Accommodation Capacity

Ultimate Cost Emissions Total Score

Percentage Weighting 20% 10% 15% 50% 5% 100%Max Score 2000 1000 1500 5000 500 10,000Base Score 400 200 300 100Multipliers 0,1,2,3,4,5 0,1,2,3,4,5 0,1,2,3,4,5 0,1,2,3,4,5 0,1,2,3,4,5 0,1,2,3,4,5

Rule Must score 1,200 Must score 600 Must score 900 No rule Must score 300Company ‘A’ (€50k) 1950 750 1500 4500 500 9200Company ‘B’ (€45k) 1750 750 1200 5000 400 9100Company ‘C’ (€42k) 1200 650 750 Eliminated 350 Eliminated

The scores for ‘ultimate cost’ (UC) of each tender were calculated as follows:

Multipliers UC Maximum Points x Lowest UC responsive valid tender = Tender ‘n’ score under ‘UC’UC of tender ‘n’

Outcome:

Company ’A’ who submitted a responsive valid tender and received the highest points is declared the winner.

Company ‘C’ was eliminated because they failed to meet the minimum score required under “Accommodation Capacity” (900 points)

Rating MultiplierExcellent 5Very Good 4Good 3Fair 2Poor 1No evidence 0

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Template 5 - Tender Evaluation – Checklist

Contract title:……………………………………….. RFT Ref no:…………….

No. Description Resp. Yes No1 Examine all tenders to see if the are responsive and

seek tender clarifications if necessary2 Reject all non-responsive tenders and note reason for

rejection3 Prepare spreadsheet showing all commercial details

and update it if and when technical evaluation report is received

4 Conduct commercial evaluation of tenders that are technically acceptable, solely on the basis of published award criteria

6 Where necessary, check standing of company with referees nominated by tenderer

7 Complete tender evaluation scoring sheet8 Prepare evaluation report and submit recommendation

for approval9 Advise all individuals/Units concerned when contract

is approved and issue regret and award letters (note standstill period to be applied to award process for EU contracts)

10 Seek tax clearance certificate from successful tenderer11 Finalise contract details with successful tenderer and

issue purchase order12 Publish award notice in OJEU (for EU contracts only)13 Bring contract file up to date and send details of

contract to the Procurement Section of Finance Division

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Template 6 - Request for Tender (RFT) Letter

< Company/individual name>

For attention of: < name>

<Date> <reference no>

Re: < contract title>

<OJEU ref No>

Dear Sir/Madam

You are invited to submit a tender for the above contract/competition in accordance with the enclosed tender documents, which comprise the following:

Technical Specifications Conditions of Contract Schedule of requirements Instructions to tenderers Drawings & Tables (if appropriate) Certificate of bona fide tender

This letter of invitation takes precedence over the above documentation.Please ensure the enclosed Form of Tender is completed correctly and signed.Your completed tender should be submitted in a sealed envelope before the closing date for tenders at 12’ noon on <date>.A tender validity period of six (6) months is required.Three (3) hard copies (will vary depending on nature of contract) of completed tender are required.Please return the attached acknowledgement slip to the fax number provided, within 7 days of the date of this letter.All queries in relation to this tender should be emailed to …………………. at email address ………….before………day….2009.Tenderers may follow up on previous emailed queries by telephone (phone numbers:……….)Please read all tender documentation carefully.

Yours faithfully

__________________<name><Division>Department of Transport

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Template 7 - Acknowledgement Slip

Please return by fax to: < fax No>

For attention of: < Divisional Contact >

< Contract Title & Reference>

Dear Sir/Madam

We hereby acknowledge receipt of the tender documents for the above contract. We confirm that we will/will not* submit a completed tender by the closing date.

*(Delete as appropriate)

Signed…………………………………..

Company/Individual name ………………………….

N.B. This acknowledgement slip must be returned by Fax, within 7 days of the date of issue of the tender documents.

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Template 8 - Tender Documents – Checklist

Contract Title:…………………………. RFT Reference No:……………..

No. Description Response Yes No1 RFT letter and acknowledgement slip2 Pre-addressed tender return label3 Instructions to Tenderers4 Technical Specification/ Terms of Reference5 Schedule of requirements6 Award Criteria7 Conditions of Contract8 Insurance Requirements9 Form of Tender/Schedule of prices10 Certificate of Bone Fide Tender

Comments

Signed:………………………… Date………………………..

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Template 9 - Sample RFT

Request for Tenders

for

[Design, Development and Management of a Service]

Open Procedure

[Contracting Authority]

[Date]

Contents

1. Introduction

Generally contains background and summary overview of requirement.

2. Specification of Requirements

Gives comprehensive description of requirements, specification and criteria to be met.

3. Format of Tender

Sets out how tenders are to be structured and how a proposal is to be presented.

4. Examination and Evaluation of tender

Generally sets out conditions relating to such matters as need for tax compliance, freedom of information and data protection provisions, conflict of interest, intellectual property, latest time for submission of tenders etc.

5. Appendices

This sample document is intended for general guidance. It is not definitive or exhaustive on all the considerations that arise in preparing a Request for Tenders [RFT]. The sample is based on an open tendering procedure under EU procurement rules but the same principles should apply to a non-EU procedure. It follows a format and structure commonly used and may be of assistance in assembling tender documentation.

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1. Introduction

1.1 Background and Summary of Requirements:

The Irish Government Public Sector Procurement Website ......... has been live since March 2001, and all public sector (Central Government, Health Sector, Local Government, Education Sector, etc) procurement opportunities are published on the site.

The [contracting authority] now invites tenders for the management, maintenance and continuing development of this website. The services to be provided are:

(i) Design and development of the some elements of the ......website(ii) On-going maintenance of the site(iii) Publishing of procurement opportunities and associated information on website(iv) Registration of users and provision of a help service to users(v) Implementation of agreed enhanced functionality

A detailed specification of requirements is set out in Section 2. Tenders must comply with the format of tender as set out in Section 3.

It is proposed to place a contract for a period of two years with an option for renewal for up to a further two years.

1.2 Financial Arrangements

Payment for services covered by this invitation to tender will be on foot of appropriate invoices, which will be based on agreed deliverables. Invoicing arrangements will be agreed with the successful service provider, following the award of contract. A contract entered into on foot of this Request for Tender is subject to the Prompt Payments of Accounts Act.

1.3 Further Information and Query Handling

Every effort has been made to ensure that this documentation contains all the necessary information for completion of tenders. However, in the interests of equity, requests for additional information, clarification on the content of this document and all other queries of substance (other than in relation to purely factual or procedural matters) must be made in writing or by email. Any additional information elicited will be made available to all potential tenderers who have obtained a copy of this document via the etenders website or directly from [contracting authority].

Any queries should be submitted by email or in writing only, not later than [local time] on [day and date] addressed to:

Name : Address :Fax : E-mail :

1.4 Timetable

The timetable in relation to this tender process is as follows:

Latest date and time for receipt of tenders [date] Award of contract - anticipated [date]

Contract commencement - anticipated [date]

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2. Specification of Requirements

Potential service providers should be familiar with the ....... website and the facilities and functionality currently available to users.

The Site is a built as a Lotus Notes Application and the data is stored in several Notes Databases. Information on the technical specification of the site is set out in .?(Appendix ... ?).

Current Site Features to be retained

The initial requirement is to ensure that the facilities and functionality currently available on the site continue to be available, without any break in the availability of these services. The following are the processes and functions available to users.

Access to Tenders and other Site Content User Registration Publication of Tenders Downloading of Tenders Search Facility Tender Archive Awarding Authority Area Public User Area User Helpdesk and Feedback facility

More details on these elements are included in points 2.1.1 to 2.1.3 below.

Description of Site Content

(a) All Public Procurement advertisements from the European Journal (OJEU) including Contract, Prior Information and Contract Award Notices are published. Any associated notices, which appear in the OJEU are also published.

(b) All additional public sector tender opportunities advertised in national and local newspapers and other relevant publications (e.g., provincial newspapers) where public sector tenders commonly appear are also replicated on the site.

(c) Tenders are also entered directly by Awarding Authority Users onto the site. At present between 30- 40% of users are uploading their notices directly onto the site via the online notice publication facility. The rest of the notices are being sourced as in a) and b) above.

Requirements in relation to maintaining the above content are as follows:

all tender opportunities must appear in a timely and accurate manner; a robust quality assurance process must be in place to ensure the accuracy and

completeness of the information posted to the site; duplication checking must be applied to ensure that each notice appears only once

on the site; Awarding Authorities must be facilitated to upload notices on the date of issue to

the OJEU which will be replaced when published in the OJEU;

Organisation of Content

Advertisements, notices and awards appear initially under the categories Works, Supplies and Services. Sub categories used refer to type of service/supply (e.g., computers &

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electronic, stationery & printing, etc). They are also categorised under Publication Date, Competition Closing Date and Awarding Authority.

2.1.3 Facilities currently available on the site, which must be retained

(a) User Registration .................................(b) Publication of Tenders ................................(c) Search Facility ................................................(d) Archive Facility ................................(e) Awarding Authority User Area ................................(f) Public User Area ................................(g) User Helpdesk and Feedback facility ................................

2.2 Hosting and Technical Maintenance of Site(a) The site is currently hosted by the ----------in their webfarm facility. Please see high-level diagram of the site architecture in Appendix ..?

(b) Full responsibility for ongoing maintenance and support of the site will rest with the selected service provider. ........................

(c) The successful tenderer should provide corrective maintenance on the server and the application. ............

(d) The service provider must also continue to maintain a test environment for the etenders site at..........

2.3 Provision of service for ongoing site management(a) Full responsibility for ensuring that the site contains all public procurement opportunities advertised in the publications at 2.1.1 and related documentation will rest with the selected service provider. The site must be up-to-date at all times.

(b) The selected service provider will be expected to have a process in place to ensure that the site is populated on an ongoing basis as defined at 2.1. Details of this process should be included in the service provider’s proposals in reply to this RFT.

(c) While Awarding Authorities will continue to be able to upload documents to the site, it will be the responsibility of the selected service provider to check and verify the authenticity of the documents and to ensure that correct categorisation principles have been applied.

(d) The successful service provider will be expected to meet with the [contracting authority] on a regular basis, at a minimum on a quarterly basis, during the lifetime of the contract. These meetings will take place in [Dublin ?].

(e) The successful tenderer will be facilitated with site familiarisation (in terms of existing program code, etc.) and will be expected to participate in a handover process with the current service provider.

2.4 Redevelopment Work Required on the Existing SiteSome areas of the existing site have been identified as requiring redevelopment work. These include, but are not limited to, the requirements set out in the following paragraphs (2.6.1 to 2.6.4), which must be included in the tender.

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2.5 Minor Additions / Changes required for Improved Usability:a) .......................................b) .........................c) .......................................

2.6 Enhanced Functionality Requirements

The [contracting authority] intends that additional functionality would be added to the existing etenders website. The ultimate objective is, in the long term, to transform the etenders site into a National Tender Management Facility(see 1.2 above). Below is a brief outline of some of the proposed enhancements. It should be noted that there is no commitment on behalf of the [contracting authority] that any of these items will be implemented. Requirements for other functionality may be identified by the [contracting authority] and this will be addressed by way of Change Control.

Tenderers should note the following.

Tenderers must confirm their ability to provide enhanced functionality, and must quote separately for each of the enhancements listed below, stating any assumptions and/or prerequisites.

Tenderers must state how they propose to implement the functionality below and must state whether they are proposing bespoke development OR an off-the-shelf solution OR an ASP type offering. The estimated development or lead-time for each function must be indicated.

Arrangements for acceptance testing and piloting of any enhanced functionality, and related arrangements for payment based upon successful completion of agreed deliverables, will be agreed between the [contracting authority] and the successful tenderer.

2.7.1 Tender Submission Postbox Functionality is required to allow suppliers to securely submit their tenders to the Awarding Authority via the etenders site. The tenders must be time and date-stamped and stored in a secure environment on a separate server until the tender deadline has passed. The system must then provide for the opening of tenders received electronically by the authorised personnel from the Awarding Authority.

2.7.2 Current Manual Process(Please note that variations to the following procedure may exist in different Awarding Authorities.)

2.7.3 General Requirements for Electronic Tender Submission Post-boxThe new system must provide for the following at minimum:

.................................................. ................................ ................................................................... ..............................................

2.7.4 Notice Completion Facility or Wizard

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There is a requirement to provide Awarding Authority users with a facility to enable them to prepare, online, the complete range of standard OJEU notices i.e. PIN, Contract and Contract Award notices. (Please see www.simap.eu.int/EN/pub/src/welcome.htm for format of OJEU forms).

The facility should meet the following minimum requirements: ................................................................ ..................................... ......................................... ................................ .....................................................

A further requirement is to maintain the facility in line with changes in policy and directives set out by the [contracting authority] or EU in relation to procurement. Full details of the arrangements for updating the facility i.e. revised thresholds or timeframes, should be provided.

2.7. 5 Procurement Guidance and Templates for standard procurement documents e.g. Request for Tender (RFT), Contract, etc.

The NPPPU is developing procurement guidance and standard templates to provide information and assistance to those involved in the procurement process. A new area of the site is required where this material can be accessed by users.

2.8 Website DesignThe successful tenderer will deliver and maintain the current overall design of the website and will be responsible for the redesign of the site as required (details are contained in Sections 2.6 and 2.7 above). The design of the existing site, including redesigned elements, must continue to meet all of the following criteria:

meet the requirements of the [contracting authority] and support the functionality required;

have a graphical layout which is visually to the highest standards; cater for users with impaired vision (in terms of text colour and contrast with

background); be easy to navigate for both new and expert users and cater for those who rely on

adaptive technologies; in this context the site must be put through the 'Bobby' test. allow for future development and enhancement to the extent that additional features

can be added, if required, with minimal disruption to ongoing service provision; an Irish language version of the site must be maintained. The site (excluding the

tender notices themselves) has been translated into Irish already and this should be kept consistent with the English version.

2.9 Overall Site Development, Management and Maintenance StrategyTenderers must provide the following:-

details of the structure, methods and management process including staffing and backup arrangements which they will put in place to ensure that all the requirements laid out above are implemented;

details of the proposals for familiarisation with the site and handover arrangements with the current service provider;

details of the experience, qualifications and expertise of the staff they would propose to allocate to this project if their tender is successful, including details of their involvement in the named reference site(s);

a brief description of the technical facilities at the disposal of the party providing the said services, including the measures in operation for ensuring that a quality service will be delivered.

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http://www.simap.eu.int/EN/pub/src/welcome.htm

3. Format of Tender

Tenders must address all the requirements and must be in the format requested below. Tenders not in this format will not be considered.

3.1 General Information

The following must be supplied:

(a) Name, address, telephone number, e-mail address and fax number of tenderer.

(b) Name, address, telephone number and e-mail address of any third parties involved in tender.

(c) Confirmation of acceptance by the tenderer and any third parties of the conditions of tender described in Section 5 of the invitation to tender.

(d) Details of previous experience of staff being assigned to this task in implementing the type of project specified at 2.

(e) Details of relevant reference sites [must be at least at least one] where similar work has been carried out. ....................................

(f) An appropriate financial profile for the last three years must be provided including, in the case of corporate entities, independently audited accounts. Where a tenderer is trading for less than three years accounts for each year of trading must be provided.

3.2 Proposals

3.2.1 Textual response on a point-by-point basis outlining how the requirements specified in section 2 will be met.

3.2.2 Such response to include a statement of the number of elapsed days (lead time) required for the initial implementation of all additional services i.e. launch, pilot phase (if applicable) and initial full commissioning of site.

3.3 Warranties, Maintenance and Support Services

3.3.1 Tenderers must confirm that the level, extent and nature of the maintenance and support requirements including any associated warranties described in Section 2 of this document will be fully met. Where this support would be provided by a third party, the name, address and telephone number of such party must be disclosed.

3.4 Schedule of Costs

All costs must be quoted in euro (€), exclusive of VAT and the schedule must take the following format:

3.4.1 Individual cost figures should be provided for each of the following

Cost of provision of service for site management and maintenance for 2 years Cost of familiarisation period and handover from current service providers Cost of redevelopment work required on existing site at 2.6 together with any

additional ongoing maintenance costs The total cost of the tender

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3.4.2 Tenderers should provide daily rates for the following:

Project ManagementBusiness AnalysisSoftware DevelopmentTraining/documentation

These will be the maximum rates to be charged for any additional work, including change control, which arises during the initial contract. The [contracting authority] reserves the right to seek to negotiate lower rates for any such additional work.

3.4.3 Confirm that the tender holds good for 90 days after the closing date for receipt of tenders.

3.4.4 Indicate the applicable rate of VAT in respect of each of the services being proposed.

3.4.5 Give details of any other costs, taxes or duties, which may be incurred. Any licensing costs associated with any part of the proposal should be clearly identified. Proposals should clearly indicate any discounts to which the [contracting authority] would be entitled, including public sector discounts, early payment discounts, forward contract discounts and any other discounts.

3.5 Contract

A contract will be concluded with the tenderer whose tender is deemed to be the most economically advantageous subject to agreement on conditions of contract. [The contract will not be concluded / take effect until 14 days after unsuccessful tenderers have been notified of the result of this tendering procedure 2].

Please note the following:(a) Any terms and conditions in the proposed contract does not imply acceptance by the

[contracting authority](b) All works carried out shall be governed by the Laws of Ireland and subject to the

exclusive jurisdiction of the Courts of Ireland.(c) The [contracting authority] may cancel the tender process at any time prior to a

contract being entered into.

3.6 Other information. Tenderers should provide details of their proposed transition arrangements. Tenderers should provide any other information, which may be relevant to this proposal.

2 This time delay in signing a contract is mandatory for contracts covered by EU procurement Directives in order to observe a recent judgment of the European Court of Justice [Alcatel: Case C-81/98]. The Court ruled that unsuccessful tenderers must be notified of the result of a tender competition and, if aggrieved or feel rules have not been observed, given a reasonable opportunity to request a review of the decision before a contract is put in place.

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4 Examination and Evaluation of Tenders [for Open Procedure] 3

4.1 Tenders will be examined initially by reference to the following :

a) Completeness of proposals and tender documentation as specified in Sections 2 and 3 (Specification of Requirements and Format of Tender) of this document

b) Stated ability of the tenderer to meet all the requirements specified in Section 2 of this document;

c) Statement that none of the circumstances listed in Regulation 53 of S.I. 329 of 2006 apply to the tenderer (Regulation may be appended to RFT – Appendix A);

d) Technical capacity and financial standing as evidenced by the information requested at 3.1 (d), (e) and (f) above [see footnote 2 below].

Only those tenders who satisfy conditions in relation to the above will be eligible for inclusion in the award process.

4.2 Award Criteria

The contract will be awarded to the most economically advantageous tender of those meeting the specifications set out in Section 2, and not otherwise validly excluded, on the basis of the following award criteria [scored from 200 marks weighted as indicated]:

Quality and technical merit of proposals for providing service detailed in Section 2 of this RFT (70 marks)

The management and service structure proposed (30 marks) Expertise and skills of assigned personnel in providing the type of services described

in Section 2 [including experience of at least one relevant reference site] (30 marks) Time frame for delivery of service (20 marks) Proposed cost of providing service [including ongoing site maintenance as detailed at

2.1-2.5 above, redevelopment work required on existing site at 2.6 above and cost of providing the enhanced functionality at 2.7 above] (50 marks).

4.3 During the evaluation period clarification may be sought in writing from tenderers. Responses to requests for clarification may not materially change any of the elements of the tenders submitted. No unsolicited communications from tenderers will be entertained during the evaluation period. A number of the most competitive tenderers may be invited to make presentations on their proposals for the purpose of elaboration, clarification and / or aiding mutual understanding. Invited tenderers must

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In an Open Procedure all interested are invited to submit tenders. However, a contracting authority may request information relating to technical and financial capacity, experience etc. and only evaluate tenders from those who possess the minimum capacity required.

In a’ Restricted Procedure’ interested parties will have been invited to submit expressions of interest. They will have been requested to provide details of professional, technical, economic, financial etc. capacity and expertise. Only those that meet minimum requirements, i.e. those that the contracting authority is satisfied has the capability and expertise to carry out its contract, will be supplied with the full tender documents [RFT]and invited to submit tenders. [See Section 6.13 of the Competitive Process Guidelines on this section of the website and Articles 45 to 50 of Directive2004/18/EC].

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be in a position to make such a presentation around [date]. Any proposed subcontractors may be required to participate in the presentation.

5 General Conditions of Tender

Tenders should be prepared in English or Irish and are subject to the following:

5. 1 This Request for Tender shall form part of the contract documents 4. The contract will not be concluded / take effect until 14 days after unsuccessful tenderers have been notified of the result of this tendering procedure [as per paragraph 3.5 and footnote 1].

5. 2 The [contracting authority] will use its best efforts to hold confidential any information provided by tenderers subject to their obligation under law, including the Freedom of Information Act which came into force on 21 April, 1998. Tenderers should indicate, when tendering, what parts of their tenders are commercially sensitive and which they consider should be kept confidential should an FOI request be received. The [contracting authority] will consult with tenderers about any such sensitive information before making a decision on any FOI request received. Similarly, the [contracting authority] requires that all information provided pursuant to this invitation to tender will be treated in strict confidence by tenderers.

5. 3 Tenderers should be aware that national legislation applies in other matters such as Official Secrets, Data Protection and Health and Safety.

5. 4 Tenderers must have regard to statutory terms relating to minimum pay and to legally binding industrial or sectoral agreements in preparing tenders.

5. 5 Information supplied by tenderers will be treated as contractually binding. However, the [contracting authority] reserves the right to seek clarification or verification of any such information.

5. 6 Any conflicts of interest involving a tenderer must be fully disclosed to the [contracting authority] particularly where there is a conflict of interest in relation to any recommendations or proposals put forward by the tenderer.

Any registerable interest involving the tenderer and the [contracting authority], members of the Government, members of the Oireachtas or their relatives must be fully disclosed in the response to this RFT, or should be communicated to the [contracting authority] immediately upon such information becoming known to the tenderer, in the event of this information only coming to their notice after the submission of a bid and prior to the award of the contract. The terms 'registerable interest' and 'relative' shall be interpreted as per section 2 of the Ethics in Public Office Act, 1994.

5. 7 Before a contract is awarded the successful tenderer (and agent, where appropriate) will be required to promptly produce a Tax Clearance Certificate, or in the case of a non-resident tenderer, a statement from the Revenue Commissioners confirming suitability on tax grounds. Non-residents should contact the Office of the Revenue Commissioners, Revenue Residence Section, Government Offices, Nenagh, Co. Tipperary. In addition, contractors must retain records of tax reference numbers for any subcontractors where payments exceed €650 (incl. VAT).

Tenderers should note that the provisions of Department of Finance Circular 43/2006 apply and the [contracting authority] may require sight of Tax Clearance Certificates for any

4 It is recommended that a draft contract document be issued with the tender documentation.

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subcontractor where payments exceed €2,600. Forms are attainable from the following address: Office of the Revenue Commissioners, Sarsfield House, Limerick. Where a Tax Clearance Certificate expires within the course of the contract, the [contracting authority] reserves the right to seek a renewed certificate. All payments under the contract will be conditional on the contractor(s) being in possession of a valid certificate at all times.

5. 8 In the event of a group of respondents jointly submitting an acceptable offer, the contract will be awarded by the [contracting authority] to one contractor who acts as the agreed prime contractor. The prime contractor is responsible for the delivery of all services provided for under the terms of the contract and shall assume all the duties, responsibilities and costs associated with the position of prime contractor.

(a) The successful tenderer shall be responsible for the delivery of all services provided for within the contract on the basis of a fixed price agreement set at the beginning of the contract. Prices quoted in the tender cannot be increased during the currency of the tender. Similarly, terms and conditions cannot be altered.

(b)The [contracting authority] retains the right to withhold payment where a contractor has failed to meet his/her contractual obligations in relation to the delivery of services to an acceptable level of quality.

5. 9 The [contracting authority] will not be liable in respect of any costs incurred by tenderers in the preparation of tenders or any associated work effort.

5. 10 Responses to this RFT will be evaluated in their own right. No recognition will be given to information previously submitted.

5. 11 The [contracting authority] is not bound to accept the lowest or any tender submitted.

5. 12 The [contracting authority] will have copyright ownership of any graphics used on the proposed site.

5. 13 Tenders must be completed in accordance with the format specified in Section 3. Tenders, which are incomplete, will not be evaluated.

5. 14 Three (3) copies of the tender in a sealed envelope, marked “Tender for ........” and addressed to:

Name ...................Address ...................

should be delivered to the above address not later than [local time] on [day and date].

Tenders delivered after this time will not be accepted.

5. 15 Under EU Public Procurement Directives the [contracting authority] is required to publish a Contract Award Notice in the OJEU containing certain information, including the name of the successful tenderer, relating to the award of this contract.

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Appendix A

REGULATION 53 OF S.I. 329 OF 2006

Exclusion of certain persons from being considered for awards of public contracts

1. In considering whether or not to award a public contract, a contracting authority shallexclude from consideration any person who, to the knowledge of the authority, has been convictedof an offence involving―

a) participation in a prescribed criminal organisation, or

b) corruption, or

c) fraud, or

d) money laundering.

2. In order to give effect to paragraph (1), the contracting authority―

a) shall, whenever appropriate, ask a candidate or tenderer to supply the documentsreferred to in paragraph (6), and

b) may, if it has doubts concerning the personal situation of the candidate ortenderer, also seek information that it considers relevant from an appropriatecompetent administrative or judicial authority.

3. If the information referred to in paragraph (2)(b) concerns a candidate or tendererestablished in another Member State, the contracting authority may request the co-operation of the competent authority of that other State. Such a request may extend to any agent of the person and, in the case of a body (whether incorporated or unincorporated), extend to any person who is concerned in the direction or management of the body.

4. In considering whether to award a public contract, a contracting authority may excludefrom consideration any person―

1. who is subject to a bankruptcy or insolvency procedure or process of a kindspecified in paragraph (5), or

2. who has been found guilty of professional misconduct by a competent authoritythat is authorised by law to hear and determine allegations of professionalmisconduct against persons that include the operator, or

3. who has committed grave professional misconduct provable by means that theauthority can demonstrate, or

4. who has not fulfilled an obligation to pay a social security contribution asrequired by a law of the country or territory―

(i) where the person ordinarily resides or carries on business, or

(ii) where the authority is established, or

5. who has not fulfilled an obligation to pay a tax or levy imposed by or under a law

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of the country or territory―

(i) where the person ordinarily resides or carries on business, or

(ii) where the authority is established, or6. who has provided a statement or information to the authority or another

contracting authority knowing it to be false of misleading, or has failed to provideto the authority or another such authority a statement or information that isreasonably required by the authority for the purpose of awarding the publiccontract concerned.

5. A person is subject to a bankruptcy or insolvency procedure or process for the purposeof paragraph (4) if ―

a) the person is bankrupt or the subject of a bankruptcy petition, or

b) the person, being a body corporate, is being wound up or the subject ofproceedings for compulsory winding up, or

c) the person’s affairs are being administered by a court, or the person is the subjectof proceedings in which it is sought to have the person’s affairs so administered, or

d) the person has entered into an arrangement with creditors, or

e) the person has suspended business activities, or

f) the person is, in the opinion of the contracting authority concerned, in anysituation analogous to any of those mentioned in subparagraphs (a) to (e) under alaw of the State, another Member State or a third country relating to bankruptcyor insolvency.

6. A contracting authority shall accept as sufficient evidence that a person is not liable tobe excluded under paragraph (1) or under subparagraph (a), (b), (d) or (e) of paragraph (4)―

a) a copy of the relevant judicial record, or

b) in the absence of such a copy, a certificate issued by a competent judicial oradministrative authority in the country or territory where the person ordinarilyresides or carries on business, or the authority is established,showing that the particular subparagraph does not apply to the person.

7. Without limiting paragraph (6), a contracting authority shall accept as sufficientevidence that a person is not liable to be excluded under subparagraph (d) or (e) of paragraph (4) a certificate issued by the Collector General of the Office of the Irish Revenue Commissioners showing that the relevant subparagraph does not apply to the person.

8. If a question arises as to whether paragraph (1), or subparagraph (a) or (b) of paragraph(4), applies to a person and either―

a) the relevant judicial or administrative or competent authority in the country orterritory in question does not issue documents of the kind referred to in paragraph(6), or (7), or

b) although it issues documents of that kind, they do not cover the case in question,

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the contracting authority concerned shall accept instead a declaration made by the person on oath or, in the case of a Member State where there is no provision for making a declaration on oath, a solemn declaration made by the person before a person authorised for the purpose under a law of that Member State.

9. The following are authorised authorities for the purposes of paragraph (8):

a. competent judicial or administrative authority of the country or territory wherethe person ordinarily resides or carries on business or where the contractingauthority is established;

b. a notary or a competent professional or trade body located in that country orterritory.

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