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.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted to the above-mentioned 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 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.
two.1.5) Estimated total value
Value excluding VAT: £66,000,000
two.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
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.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £55,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
60
This contract is subject to renewal
No
two.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
two.2.10) Information about variants
Variants will be accepted: No
two.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.
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.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £66,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
72
This contract is subject to renewal
No
two.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
two.2.10) Information about variants
Variants will be accepted: No
two.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 three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.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
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
three.1.4) Objective rules and criteria for participation
List and brief description of rules and criteria
As stated in the procurement documents
three.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.
three.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
three.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.
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
As set out in the framework agreement
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
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 2
four.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
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 000-031227
four.2.2) Time limit for receipt of tenders or requests to participate
Date
9 January 2024
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.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 six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.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@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.
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