Firmus Energy Construction and Maintenance Works and Services Contract

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-040e44-2024-07-24T12:52:09+01:00",
    "date": "2024-07-24T12:52:09+01:00",
    "ocid": "ocds-h6vhtk-040e44",
    "description": "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.",
    "initiationType": "tender",
    "tender": {
        "id": "ocds-h6vhtk-040e44",
        "legalBasis": {
            "id": "32014L0025",
            "scheme": "CELEX"
        },
        "title": "Firmus Energy Construction and Maintenance Works and Services Contract",
        "status": "complete",
        "classification": {
            "scheme": "CPV",
            "id": "45231221",
            "description": "Gas supply mains construction work"
        },
        "mainProcurementCategory": "works",
        "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 PS800,000 * Retention at 15% up to a limit of PS800,000, 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 PS300,000, 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 PS10-PS11M therefore, dependent on which lot firmus energy awarded a Framework Agreement for, estimated total contract value was stated to be in the region of PS66000000 over a full potential 6 year contract period.",
        "value": {
            "amount": 66000000,
            "currency": "GBP"
        },
        "lots": [
            {
                "id": "1",
                "description": "* 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 PS800,000 * Retention at 15% up to a limit of PS800,000, 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.",
                "status": "cancelled",
                "title": "Option A",
                "value": {
                    "amount": 55000000,
                    "currency": "GBP"
                },
                "contractPeriod": {
                    "durationInDays": 1800
                },
                "hasRenewal": false,
                "secondStage": {
                    "minimumCandidates": 4,
                    "maximumCandidates": 4
                },
                "selectionCriteria": {
                    "description": "As set out in the Pre-Qualification Questionnaire"
                },
                "submissionTerms": {
                    "variantPolicy": "notAllowed"
                },
                "hasOptions": true,
                "options": {
                    "description": "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."
                }
            },
            {
                "id": "2",
                "title": "Option B",
                "description": "* 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 PS300,000, 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).",
                "value": {
                    "amount": 66000000,
                    "currency": "GBP"
                },
                "contractPeriod": {
                    "durationInDays": 2160
                },
                "hasRenewal": false,
                "secondStage": {
                    "minimumCandidates": 4,
                    "maximumCandidates": 4
                },
                "selectionCriteria": {
                    "description": "As set out in the Pre-Qualification Questionnaire"
                },
                "submissionTerms": {
                    "variantPolicy": "notAllowed"
                },
                "hasOptions": true,
                "options": {
                    "description": "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."
                },
                "status": "cancelled"
            }
        ],
        "items": [
            {
                "id": "1",
                "additionalClassifications": [
                    {
                        "scheme": "CPV",
                        "id": "44100000",
                        "description": "Construction materials and associated items"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231100",
                        "description": "General construction work for pipelines"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231110",
                        "description": "Pipelaying construction work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231111",
                        "description": "Pipeline lifting and relaying"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231112",
                        "description": "Installation of pipe system"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231220",
                        "description": "Construction work for gas pipelines"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231221",
                        "description": "Gas supply mains construction work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231223",
                        "description": "Gas distribution ancillary work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45333100",
                        "description": "Gas regulation equipment installation work"
                    }
                ],
                "deliveryAddresses": [
                    {
                        "region": "UKN0"
                    },
                    {
                        "region": "UKN0"
                    },
                    {
                        "region": "UKN0"
                    }
                ],
                "deliveryLocation": {
                    "description": "- Derry/Londonderry - Limavady - Coleraine - Ballymoney - Ballymena - Antrim - Craigavon (including Lurgan and Portadown) - Armagh - Banbridge - Newry"
                },
                "relatedLot": "1"
            },
            {
                "id": "2",
                "additionalClassifications": [
                    {
                        "scheme": "CPV",
                        "id": "44100000",
                        "description": "Construction materials and associated items"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231100",
                        "description": "General construction work for pipelines"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231110",
                        "description": "Pipelaying construction work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231111",
                        "description": "Pipeline lifting and relaying"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231112",
                        "description": "Installation of pipe system"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231220",
                        "description": "Construction work for gas pipelines"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231221",
                        "description": "Gas supply mains construction work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45231223",
                        "description": "Gas distribution ancillary work"
                    },
                    {
                        "scheme": "CPV",
                        "id": "45333100",
                        "description": "Gas regulation equipment installation work"
                    }
                ],
                "deliveryAddresses": [
                    {
                        "region": "UKN0"
                    },
                    {
                        "region": "UKN0"
                    }
                ],
                "deliveryLocation": {
                    "description": "- Derry/Londonderry - Limavady - Coleraine - Ballymoney - Ballymena - Antrim - Craigavon (including Lurgan and Portadown) - Armagh - Banbridge - Newry"
                },
                "relatedLot": "2"
            }
        ],
        "communication": {
            "futureNoticeDate": "2023-11-24T00:00:00Z"
        },
        "coveredBy": [
            "GPA"
        ],
        "tenderPeriod": {
            "endDate": "2024-01-09T12:00:00Z"
        },
        "submissionTerms": {
            "languages": [
                "en"
            ],
            "depositsGuarantees": "firmus energy reserves the right to require bonds, deposits, guarantees or other forms of undertaking or security to ensure proper contractual performance.",
            "bidValidityPeriod": {
                "durationInDays": 180
            }
        },
        "lotDetails": {
            "maximumLotsAwardedPerSupplier": 1
        },
        "submissionMethod": [
            "written"
        ],
        "selectionCriteria": {
            "criteria": [
                {
                    "type": "suitability",
                    "description": "As stated in the procurement documents",
                    "appliesTo": [
                        "supplier"
                    ]
                }
            ]
        },
        "documents": [
            {
                "id": "economic",
                "documentType": "economicSelectionCriteria"
            },
            {
                "id": "technical",
                "documentType": "technicalSelectionCriteria"
            }
        ],
        "otherRequirements": {
            "reductionCriteria": "As stated in the procurement documents"
        },
        "contractTerms": {
            "financialTerms": "As set out in the procurement and contract documents",
            "tendererLegalForm": "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.",
            "performanceTerms": "As set out in the framework agreement"
        },
        "procurementMethod": "selective",
        "procurementMethodDetails": "Negotiated procedure with prior call for competition",
        "techniques": {
            "hasFrameworkAgreement": true,
            "frameworkAgreement": {
                "maximumParticipants": 2
            }
        },
        "secondStage": {
            "successiveReduction": true
        },
        "hasRecurrence": false
    },
    "parties": [
        {
            "id": "GB-COH-05375370",
            "name": "Firmus Energy (Distribution) Limited",
            "identifier": {
                "legalName": "Firmus Energy (Distribution) Limited",
                "id": "05375370",
                "scheme": "GB-COH"
            },
            "address": {
                "streetAddress": "A4-A5 Fergusons Way Kilbegs Road",
                "locality": "ANTRIM",
                "region": "UKN0D",
                "postalCode": "BT414LZ",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "periodcontract@firmusenergy.co.uk",
                "url": "https://www.firmusenergy.co.uk/publications/category/tender-opportunities/specific/firmus-energy-construction-tender-2023"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "http://www.firmusenergy.co.uk",
                "classifications": [
                    {
                        "scheme": "TED_CE_ACTIVITY",
                        "id": "PRODUCTION_TRANSPORT_DISTRIBUTION_GAS_HEAT",
                        "description": "Production, transport and distribution of gas and heat"
                    }
                ]
            }
        },
        {
            "id": "GB-FTS-9400",
            "name": "High Court of Justice in Northern Ireland",
            "identifier": {
                "legalName": "High Court of Justice in Northern Ireland"
            },
            "address": {
                "streetAddress": "Royal Courts of Justice, Chichester Street",
                "locality": "Belfast",
                "postalCode": "BT1 3JF",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "office@courtsni.gov.uk"
            },
            "roles": [
                "reviewBody"
            ]
        }
    ],
    "buyer": {
        "id": "GB-COH-05375370",
        "name": "Firmus Energy (Distribution) Limited"
    },
    "language": "en",
    "awards": [
        {
            "id": "023016-2024-1",
            "title": "Construction & Maintenance Works and Services Contract",
            "status": "active"
        }
    ],
    "contracts": [
        {
            "id": "023016-2024-1",
            "awardID": "023016-2024-1",
            "title": "Construction & Maintenance Works and Services Contract",
            "status": "active",
            "dateSigned": "2024-07-01T00:00:00+01:00"
        }
    ]
}