Section one: Contracting entity
one.1) Name and addresses
Firmus Energy (Distribution) Limited
A4-A5 Fergusons Way Kilbegs Road
ANTRIM
BT414LZ
periodcontract@firmusenergy.co.uk
Country
United Kingdom
Region code
UKN0D - Antrim and Newtownabbey
Companies House
05375370
Internet address(es)
Main address
one.6) Main activity
Production, transport and distribution of gas and heat
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Firmus Energy Construction and Maintenance Works and Services Contract
two.1.2) Main CPV code
- 45231221 - Gas supply mains construction work
two.1.3) Type of contract
Works
two.1.4) Short description
firmus energy ran a procurement exercise to (subject to the terms of the Invitation to Negotiate) establish a Framework Agreement with two Contractors, a 'primary' Contractor and a 'reserve' Contractor. The intention was that all Works required would be awarded to the first ranked Tenderer ('primary' Contractor) to complete in accordance with the terms of the Framework Agreement. The second ranked Tenderer would (subject to the terms of the Invitation to Negotiate) be appointed as a 'reserve' Contractor and potentially, at firmus energy's discretion, be appointed to undertake the entirety of the Works in the event that the 'primary' Contractor was unable or unwilling to undertake the Works for any reason during the term of the Framework Agreement.
The tender opportunity was 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 were the same. Applicants were permitted to apply for one or both Lots, with no limit on the number of Lots which may be applied for. The contract notice for the opportunity however made clear that firmus energy would not award a Framework Agreement for both Lots. The notice confirmed that it was firmus energy's intention, following conclusion of the 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 detailed the criterion and process to be adopted to determine whether firmus energy awarded a Framework Agreement for Lot 1 or Lot 2.
Estimated annual contract value was circa £10-£11M therefore, dependent on which lot firmus energy awarded a Framework Agreement for, estimated total contract value was stated to be in the region of £66000000 over a full potential 6 year contract period.
two.1.6) Information about lots
This contract is divided into lots: Yes
two.2) Description
two.2.1) Title
Option A
Lot No
1
two.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
two.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
two.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.
two.2.11) Information about options
Options: Yes
Description of options
It was anticipated that the Framework Agreement would 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.
two.2) Description
two.2.1) Title
Option B
Lot No
2
two.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
two.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
two.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).
two.2.11) Information about options
Options: Yes
Description of options
It was anticipated that the Framework Agreement would 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 four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated procedure with prior call for competition
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2023/S 000-036650
Section five. Award of contract
Lot No
Option B (Lot 2)
Title
Construction & Maintenance Works and Services Contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
1 July 2024
Section six. Complementary information
six.3) Additional information
In accordance with the terms of the Invitation to Negotiate, firmus energy awarded a Framework Agreement for Lot 2 (Option B) and terminated the tender process for Lot 1 (Option A) and did not appoint a 'reserve' contractor. Due to a delay in concluding the tender process, the Framework Agreement for Lot 2 was not entered into until 1 July 2024.
six.4) Procedures for review
six.4.1) Review body
High Court of Justice in Northern Ireland
Royal Courts of Justice, Chichester Street
Belfast
BT1 3JF
Country
United Kingdom