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Category Works

Type

No. of Lots 2

Status Active

Published 13th Dec 2023

Tender Details
Referenceocds-h6vhtk-040e44
Common Procurement VocabularyGas supply mains construction work
Procurement MethodNegotiated procedure with prior call for competition
Value£66,000,000
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Category Works

Type

No. of Lots 2

Status Active

Published 13th Dec 2023

Tender Details
Referenceocds-h6vhtk-040e44
Common Procurement VocabularyGas supply mains construction work
Procurement MethodNegotiated procedure with prior call for competition
Value£66,000,000

Section I: Contracting entity

I.1) Name and addresses

Firmus Energy (Distribution) Limited

A4-A5 Fergusons Way Kilbegs Road

ANTRIM

BT414LZ

Email

periodcontract [at] firmusenergy.co.uk

Country

United Kingdom

NUTS code

UKN0D - Antrim and Newtownabbey

Companies House

05375370

Internet address(es)

Main address

www.firmusenergy.co.uk

I.3) Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at

https://www.firmusenergy.co.uk/publications/category/tender-opportunities/specific/firmus-energy-construction-tender-2023

Additional information can be obtained from the above-mentioned address

Tenders or requests to participate must be submitted to the above-mentioned address

I.6) Main activity

Production, transport and distribution of gas and heat


Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Firmus Energy Construction and Maintenance Works and Services Contract

II.1.2) Main CPV code

  • 45231221 - Gas supply mains construction work

II.1.3) Type of contract

Works

II.1.4) Short description

firmus energy intends (subject to the terms of the Invitation to Negotiate) to enter into a Framework Agreement with two Contractors, a 'primary' Contractor and a 'reserve' Contractor. All Works required will be awarded to the first ranked Tenderer ('primary' Contractor) to complete in accordance with the terms of the Framework Agreement. The second ranked Tenderer will (subject to the terms of the Invitation to Negotiate) be appointed as a 'reserve' Contractor who may, at firmus energy's discretion, be appointed to undertake the entirety of the Works in the event that the 'primary' Contractor is unable or unwilling to undertake the Works for any reason during the term of the Framework Agreement.

This opportunity is divided into two (2) Lots, as follows:

Lot 1:

• Framework Agreement duration - initial three (3) year period, with the option for firmus energy to extend the Framework Agreement on two (2) subsequent occasions of up to twelve (12) months each.

• Performance Bond with a limit of liability of at least £800,000

• Retention at 15% up to a limit of £800,000, with that limit capable of reducing by 50% at the end of the second year of the Term (as defined in the Framework Agreement)

• Parent Company Guarantee

• Domestic owner occupied connections to be completed within D+15 (D representing the date of handover by firmus energy)

• Contractor to carry out digitising of mains and Industrial and Commercial (I&C) services in accordance with section 1.2.6 of the Specification.

Lot 2:

• Framework Agreement duration - initial five (5) year period, with the option for firmus energy to extend the Framework Agreement on one (1) subsequent occasion of up to twelve (12) months.

• No performance bond required

• Retention at 15% up to a limit of £300,000, with that limit capable of reducing by 1/3 at the end of the third year of the Term (as defined in the Framework Agreement)

• Parent Company Guarantee

• Domestic owner occupied connections to be completed within D+20

• Firmus energy to digitise the as laid drawings into its Gas Network Information Management System (GIS).

Save as set out above, and within the terms of the draft Framework Agreement and the Specification, the Works required under each Lot shall be the same. Applicants are permitted to apply for one or both Lots, with no limit on the number of Lots which may be applied for. Applicants should note however in this regard that:

• firmus energy will not award a Framework Agreement for both Lots. It is firmus energy's intention, following conclusion of this Procurement and subject to the terms of the Invitation to Negotiate, to either award a Framework Agreement to the top two (2) ranked compliant Tenderers for Lot 1 and terminate Lot 2; or award a Framework Agreement to the top two (2) ranked compliant Tenderers for Lot 2 and terminate Lot 1. The draft Invitation to Negotiate for the Procurement details the criterion and process to be adopted to determine whether firmus energy awards a Framework Agreement for Lot 1 or Lot 2; and

• firmus energy will only invite the top 4 ranked Applicants for each Lot (as shortlisted at this PQQ stage) to tender. Applicants will only be invited to tender for those Lots which they have selected and for which they have been shortlisted. Applicants therefore must take care when completing the PQQ in accordance with the PQQ instructions.

Estimated annual contract value is circa £10-£11M therefore, dependent on which lot firmus energy awards a Framework Agreement for, estimated total contract value may be in the region of £66000000 over a full potential 6 year contract period.

II.1.5) Estimated total value

Value excluding VAT: £66,000,000

II.1.6) Information about lots

This contract is divided into lots: Yes

Tenders may be submitted for all lots

Maximum number of lots that may be awarded to one tenderer: 1

II.2) Description

II.2.1) Title

Option A

Lot No

1

II.2.2) Additional CPV code(s)

  • 44100000 - Construction materials and associated items
  • 45231100 - General construction work for pipelines
  • 45231110 - Pipelaying construction work
  • 45231111 - Pipeline lifting and relaying
  • 45231112 - Installation of pipe system
  • 45231220 - Construction work for gas pipelines
  • 45231221 - Gas supply mains construction work
  • 45231223 - Gas distribution ancillary work
  • 45333100 - Gas regulation equipment installation work

II.2.3) Place of performance

NUTS codes
  • UKN0 - Northern Ireland
Main site or place of performance

- Derry/Londonderry

- Limavady

- Coleraine

- Ballymoney

- Ballymena

- Antrim

- Craigavon (including Lurgan and Portadown)

- Armagh

- Banbridge

- Newry

II.2.4) Description of the procurement

• Framework Agreement duration - initial three (3) year period, with the option for firmus energy to extend the Framework Agreement on two (2) subsequent occasions of up to twelve (12) months each.

• Performance Bond with a limit of liability of at least £800,000

• Retention at 15% up to a limit of £800,000, with that limit capable of reducing by 50% at the end of the second year of the Term (as defined in the Framework Agreement)

• Parent Company Guarantee

• Domestic owner occupied connections to be completed within D+15 (D representing the date of handover by firmus energy)

• Contractor to carry out digitising of mains and Industrial and Commercial (I&C) services in accordance with section 1.2.6 of the Specification.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6) Estimated value

Value excluding VAT: £55,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

60

This contract is subject to renewal

No

II.2.9) Information about the limits on the number of candidates to be invited

Envisaged number of candidates: 4

Objective criteria for choosing the limited number of candidates:

As set out in the Pre-Qualification Questionnaire

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: Yes

Description of options

It is anticipated that the Framework Agreement will commence on 9 April 2024 and continue thereafter for an initial period of three (3) years, with the option for firmus energy to extend the Framework Agreement on two (2) subsequent occasions of up to twelve (12) months each.

II.2) Description

II.2.1) Title

Option B

Lot No

2

II.2.2) Additional CPV code(s)

  • 44100000 - Construction materials and associated items
  • 45231100 - General construction work for pipelines
  • 45231110 - Pipelaying construction work
  • 45231111 - Pipeline lifting and relaying
  • 45231112 - Installation of pipe system
  • 45231220 - Construction work for gas pipelines
  • 45231221 - Gas supply mains construction work
  • 45231223 - Gas distribution ancillary work
  • 45333100 - Gas regulation equipment installation work

II.2.3) Place of performance

NUTS codes
  • UKN0 - Northern Ireland
Main site or place of performance

- Derry/Londonderry

- Limavady

- Coleraine

- Ballymoney

- Ballymena

- Antrim

- Craigavon (including Lurgan and Portadown)

- Armagh

- Banbridge

- Newry

II.2.4) Description of the procurement

• Framework Agreement duration - initial five (5) year period, with the option for firmus energy to extend the Framework Agreement on one (1) subsequent occasion of up to twelve (12) months.

• No performance bond required

• Retention at 15% up to a limit of £300,000, with that limit capable of reducing by 1/3 at the end of the third year of the Term (as defined in the Framework Agreement)

• Parent Company Guarantee

• Domestic owner occupied connections to be completed within D+20

• Firmus energy to digitise the as laid drawings into its Gas Network Information Management System (GIS).

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6) Estimated value

Value excluding VAT: £66,000,000

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months

72

This contract is subject to renewal

No

II.2.9) Information about the limits on the number of candidates to be invited

Envisaged number of candidates: 4

Objective criteria for choosing the limited number of candidates:

As set out in the Pre-Qualification Questionnaire

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: Yes

Description of options

It is anticipated that the Framework Agreement will commence on 9 April 2024 and continue thereafter for an initial period of five (5) years, with the option for firmus energy to extend the Framework Agreement on one (1) subsequent occasion of up to twelve (12) months.


Section III. Legal, economic, financial and technical information

III.1) Conditions for participation

III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

List and brief description of conditions

As stated in the procurement documents

III.1.2) Economic and financial standing

Selection criteria as stated in the procurement documents

III.1.3) Technical and professional ability

Selection criteria as stated in the procurement documents

III.1.4) Objective rules and criteria for participation

List and brief description of rules and criteria

As stated in the procurement documents

III.1.6) Deposits and guarantees required

firmus energy reserves the right to require bonds, deposits, guarantees or other forms of undertaking or security to ensure proper contractual performance.

III.1.7) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them

As set out in the procurement and contract documents

III.1.8) Legal form to be taken by the group of economic operators to whom the contract is to be awarded

Subject to the status and involvement of the parties, firmus energy may require the parties to commit to joint and several liability in respect of the framework agreement. Alternatively firmus energy may require the lead operator to take total responsibility or a consortium to form a legal entity before entering into any framework agreement.

III.2) Conditions related to the contract

III.2.2) Contract performance conditions

As set out in the framework agreement


Section IV. Procedure

IV.1) Description

IV.1.1) Type of procedure

Negotiated procedure with prior call for competition

IV.1.3) Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement

Framework agreement with several operators

Envisaged maximum number of participants to the framework agreement: 2

IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated

IV.1.8) Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

IV.2) Administrative information

IV.2.1) Previous publication concerning this procedure

Notice number: 2023/S 000-031227

IV.2.2) Time limit for receipt of tenders or requests to participate

Date

9 January 2024

Local time

12:00pm

IV.2.4) Languages in which tenders or requests to participate may be submitted

English

IV.2.6) Minimum time frame during which the tenderer must maintain the tender

Duration in months: 6 (from the date stated for receipt of tender)


Section VI. Complementary information

VI.1) Information about recurrence

This is a recurrent procurement: No

VI.3) Additional information

This framework agreement is being procured competitively in accordance with the Utilities Contracts Regulations 2016 (as amended). The procedure to be followed for this procurement is the negotiated procedure. Tenderers who wish to participate in this procurement will be required to provide their contact details to periodcontract [at] firmusenergy.co.uk upon downloading the procurement documents. Tenderers who fail to provide their details or register in this manner will not receive any clarifications or updated information provided by firmus energy during the procurement process.

The costs of responding to this notice and participation in the process will be borne by each tenderer. All discussions and correspondence will be deemed strictly subject to contract until a formal contract is entered into. The formal framework agreement shall not be binding until it has been signed and dated by the duly authorised representatives of the relevant parties.

VI.4) Procedures for review

VI.4.1) Review body

High Court of Justice in Northern Ireland

Royal Courts of Justice, Chichester Street

Belfast

BT1 3JF

Email

office [at] courtsni.gov.uk

Country

United Kingdom