DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY Engineering and Business Consultant services for the design and development of a Floating Village Marina and Swimming Pool in the River Liffey, Dublin Docklands. Information Memorandum & Pre-qualification Questionnaire
DEFINITIONS OF TERMS Candidate An individual bidder, partnership, consortium or any other type of joint venture, submitting an Expression of Interest in response to the Notice published in the Official Journal of the European Union (OJEU). Candidate Member Any entity which is part of a consortium submitting an Expression of Interest in response to the OJEU Notice. Contracting Authority Dublin Docklands Development Authority Expression of Interest The submission which will be made by Candidates in response to the OJEU notice in accordance with the provisions contained therein.
1. IMPORTANT NOTICE The information in this document is preliminary only and will be superseded by the Invitation to Tender. The information provided is offered in good faith for the guidance of Candidates, but no warranty or representation is given as to the accuracy or completeness of any of it and the Contracting Authority and their advisers shall not be under any liability for any error, misstatement or omission. All costs incurred by Candidates in preparing submissions in response to this Information Memorandum must be borne by them. The Contracting Authority and its advisors shall bear no liability whatsoever to anyone whether participating in this competition or not and, for the avoidance of doubt, shall not be liable for any costs or losses incurred howsoever arising in connection with the competition including, without limitation, any loss of profit or other economic loss incurred. None of the information shall constitute a contract or part of a contract between the Contracting Authority and any Candidate. The Contracting Authority reserves the right not to follow up this invitation in any way and/or to change the tender procedure and/or terminate discussions at any time. The Contracting Authority shall not be obliged to enter into a contract with any Candidate. No legal relationship or other obligation shall arise between the Candidate and the Contracting Authority unless and until the contract has been formally executed in writing by the Authority and the successful Tenderer and any conditions precedent to the effectiveness of such documents have been fulfilled. The Contracting Authority reserves the right to amend this Information Memorandum, its requirements and any information contained herein at any time by notice, in writing, to the Candidates. Nothing contained in this Information Memorandum is, or shall be relied upon as, a representation of fact or promise as to the future. Any summaries or descriptions of documents or contractual arrangements contained in any part of this Information Memorandum cannot be and are not intended to be comprehensive, nor any substitute for the underlying documentation (whether existing or to be concluded in the future), and are in all respects qualified in their entirety by reference to them. Reference in this Important Notice to Information Memorandum shall include all information contained in it and any other information (whether written, oral or in machine-readable form) or opinions made available during the pre-qualification stage of the competition by or on behalf of the Contracting Authority, their respective advisers, consultants, contractors, servants and/or agents in connection with this Information Memorandum or the competition. Defined terms in this Important Notice shall have the meanings given to them in the Information Memorandum. Candidates should note that any contract award is subject to production of a current tax clearance certificate from the Revenue Commissioners in Ireland, or for a non-resident, a statement from the Revenue Commissioners in Ireland confirming suitability on tax grounds. Any contract award is also subject to satisfactory confirmation from the Candidate s insurers that the Candidate can comply with the insurance requirements of the Contract.
2.0 Introduction 2.1 Overview The Dublin Docklands Development Authority (DDDA) is charged with the physical, social and economic regeneration of the Dublin Docklands area. The Authority s mission statement states: We will develop Dublin Docklands into a world-class city quarter a paragon of sustainable inner city regeneration one in which the whole community enjoys the highest standards of access to education, employment, housing and social amenity and which delivers a major contribution to the social and economic prosperity of Dublin and the whole of Ireland. The Dublin Docklands Area Master Plan 2003, outlines the strategic objectives in relation to the regeneration of the Area over the period to 2012. The core of the Docklands area is also covered by three statutory planning schemes: The Custom House Docks Planning Scheme, 1994 The Grand Canal Docks Area Planning Scheme, 2000 The Docklands North Lotts Planning Scheme, 2002 The Docklands Authority launched its River Regeneration Strategy in 2001, aimed at maximising the amenity potential of the River Liffey. A number of projects have been delivered in the past few years, including the acquisition of the Jeanie Johnson and the launch of the Liffey Voyage. Proceeding on from this, the Authority will continue to deliver amenities that: Turn our priceless asset the River Liffey into a destination for all, including families by being active, lively and welcoming. Provide a broad range of vessels and variety of uses Ensure there will be something on offer at all times(around the clock and around the year) Provide something for all ages Ensure high quality Ensure Dublin Docklands maintain control Ensure sustainability of uses. The Authority now wishes to invite Expressions of Interests (EOI) for a project involving the establishment of a combined Floating Village Marina and Swimming Pool on the Liffey River, final location yet to be determined. The Swimming pool also may or may not be situated the same location as the Marina. This EOI is broken into two Lots: Lot 1 Engineering Design services for the development of a Floating Village Marina and Swimming Pool. Lot 2 Business Consultancy services to review the business case for the proposed development. Tenderers can provide submissions for all or parts of these services. Which Lots a tenderer is submitting for must be clearly indicated on the cover sheet of their submission.
3.0 Scope of Services 3.1 Lot 1 Engineering Design Consultancy 1. Carry out the Feasibility, Design, development and installation of the Floating Village Marina and Swimming Pool in conjunction with the Design Team. 2. Incorporate design recommendations from the Business review and other Stakeholders. 3. Provide additional relevant services as agreed with the Client 4. Carry out the contract administration for the tendering and construction stage of the project. 5. Provide reasonable site supervision. 3.2 Lot 2 Business Case Consultancy 1. Undertake a business case review of the proposed Floating Village Marina and Swimming Pool to define its social and economic feasibility. 2. Provide recommendations as to the design scope of the Floating Village Marina and Swimming Pool. 3. Provide additional relevant services as agreed with the Client. A more detailed Scope of Services will be included in the Invitation to Tender (ITT) brief. 4.0 Project Delivery Project delivery will be outlined by the Client during the ITT stage. It is envisaged that this project will start in 2008, with construction commencing in 2009. 5.0 Stakeholder Liaison The project will involve liaison with the various stakeholders including: Dublin City Council Dublin Port Conservation Bodies Businesses in the area Others A full list of stakeholders will be outlined in the ITT stage. 6.0 Conditions of Contract The Conditions of Contract will be as laid out in the NEC3 Professional Services Contract June 2005. 7.0 Expressions of Interest by Consortia In order to offer the resources and the range of skills required, companies may wish to collaborate to form a consortium which will then apply as a Candidate for pre-qualification. The entities forming such a consortium shall be known as Candidate Members. Such Candidates should specify in full the identity of their proposed Candidate Members in the Expression of Interest. Candidates should note that each Candidate Member may be required to contract on the basis of joint and several liability. The attention of Candidates wishing to form consortia is drawn in particular to the provisions outlined below.
8.0 Change in Candidates or Candidate Members Any change in the Candidate or, where applicable, the Candidate Members, or in the control of the Candidate or any of the Candidate Members, or in the roles of the Candidate Members after the Candidate has submitted its Expression of Interest may lead to disqualification of the Candidate unless notified to the Contracting Authority in writing and approved by the Contracting Authority in writing. The Contracting Authority reserves the right to withhold approval for any such changes and to disqualify the Candidate concerned from any further participation in the procurement process 9.0 Reliance on Resources Where, in order to prove its financial, economic and technical standing, a Candidate or Candidate Member relies on the resources of entities or undertakings with which it is directly or indirectly linked, whatever the legal nature of those links may be, (including, for example, but not limited to, reliance on a parent company s resources) it must establish that it has available to it the resources of those entities or undertakings which are necessary for the performance of the contract. For example, a letter from such other entity confirming that it will provide the necessary support will suffice. If sufficient evidence is not provided the Candidate or Candidate Member will be evaluated based on its own financial, economical and technical standing. A contractual commitment may be required at contract execution stage from any such supporting entity. 10.0 Procurement Procedure 10.1 Outline Procurement Process Without in any way limiting the Contracting Authority s discretion, it is anticipated that the procurement procedure will be as outlined below: The procedure for procurement will be the Restricted Procedure. Candidates will return their Expressions of Interest with all requested information by the specified time. The Candidates compliance with the eligibility requirements set out in paragraph 10.2 will be checked initially. Any Candidate who fails to meet the eligibility requirements will be eliminated. Information supplied will then be examined to determine whether Candidates meet the minimum requirements set out in paragraph 10.3. Any Candidate who fails to meet the minimum requirements will be eliminated. The Contracting Authority will wish to be satisfied that each Candidate has the appropriate qualities and resources available to it to undertake specific projects within the lots applied for the subject of this competition. To this end, Candidates who meet the eligibility requirements and minimum requirements will be assessed further on the basis of the assessment criteria set out at 10.4. It is envisaged that between five and six of the highest ranked Candidates (provided sufficient are qualified from those who express an interest and at the sole discretion of the Contracting Authority) will be issued with an Invitation to Tender containing additional more detailed and specific information, including the criteria on which the award of the contract will be based.
Candidates who are not selected at the pre-qualification stage will be notified in writing by the Contracting Authority. Candidates may be requested to attend meetings with the Contracting Authority as part of the assessment process. 10.2 Eligibility requirements Candidates must provide a signed declaration that none of the conditions specified in Article 45 of Directive 2004/18 apply to them (in the case of a consortium, to any Candidate Member). Candidates are informed that they will be automatically excluded if any of these apply to them or to any Candidate Member. The conditions specified in Article 45 apply to any Candidate or Candidate Member who: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) has been the subject of a conviction by final judgment of participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA; has been the subject of a conviction by final judgment of corruption, as defined in Article 3 of the Council Act of 26 May 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively; has been the subject of a conviction by final judgment of fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities; has been the subject of a conviction by final judgment of money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering; is bankrupt or is being wound up, whose affairs are being administered by the court, who has entered into an arrangement with creditors, who has suspended business activities or who is in any analogous situation arising from a similar procedure under national laws and regulations; is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration (or examinership) by the court or of an arrangement with creditors or of any other similar proceedings under national laws or regulations; has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata; has been guilty of grave professional misconduct proven by any means which the contracting authority can demonstrate; has not fulfilled obligations relating to the payment of social security contributions in accordance with Irish law or with the legal provisions of the country in which he is established; has not fulfilled obligations relating to the payment of taxes in accordance with Irish law or the legal provisions of the country in which he is established;
(k) is guilty of serious misrepresentation in supplying or failing to supply the information required by the contracting authority. 10.3 Minimum Requirements 10.3.1 Financial and Economic Standing Candidates must demonstrate their financial and economic standing by providing details of: a) in the case of a corporate entity, audited financial statements for the preceding 3 financial years; and b) in all other cases, original reference from the Candidate's bank confirming the capacity of the Candidate to undertake design services of this nature. 10.3.2 Technical Capability Candidates technical capability shall be established by providing details of: a) previous experience of the Candidate; b) professional indemnity insurance for the Candidate to a minimum value of 6,500,000 (six million euro); c) ability to ensure compliance with current standards and health and safety legislation; d) company organisational structures and experience and professional qualifications of key personnel; e) average annual manpower over the previous 3 years; f) ability to deliver and maintain standards and quality. 10.3.3 Assessment Criteria These will be despatched with the Invitation to Tender. 10.5 Pre-qualification Information In order to assist the Contracting Authority to evaluate the extent to which a Candidate meets the requirements relating to technical capability and economic and financial standing set out above, Candidates are required to complete the Questionnaire in Appendix 1. No Candidate may discuss with another Candidate any aspect of their Expression of Interest or otherwise exchanging information or colluding in respect of this competition. Any Candidate who fails to comply with this requirement may be disqualified.
10.6 Expression of Interest Submission The completed Expression of Interest should be returned, marked Expressions of Interest Engineering and Business Consultant services for Floating Village Marina and Swimming Pool to: Jonny Wynands Assistant Project Manager Dublin Docklands Development Authority, 52-55 Sir John Rogerson s Quay, Docklands, Dublin 2. The time and date for receipt of the Expression of Interest is 12:00hrs on Friday 14 th March, 2008 Irish Time or such later time and date as may be notified in writing. The Expression of Interest should be in hard copy (3 individual copies of the submission required in no bigger than A4 format) and sent by registered post, recorded delivery or delivered by hand. A receipt must be obtained on delivery. If an Expression of Interest arrives after 12:00hrs on Friday 14 th March, 2008 or such later time and date as may be notified in writing, it will not be accepted and will be returned unopened. Responsibility for the arrival of the Expression of Interest rests solely with the Candidate. Under no circumstance will an Expression of Interest made by fax or email be accepted. 11.0 Candidate Interviews The Contracting Authority reserves the right (but shall not be obliged) to request Candidates to attend interviews with the Contracting Authority before the shortlisted Candidates are selected or to request clarification of any matter set out in a Candidate s Expression of Interest. If this proves necessary, Candidates will be informed as soon as possible after receipt of Expressions of Interest. 12.0 Pre-Qualification Requirements If an Expression of Interest fails to comply in any respect with the requirements set out in the Site Notice or is ambiguous, the Contracting Authority shall be entitled at its absolute discretion, (but shall not be obliged): (a) (b) (c) (d) to reject the Expression of Interest as non-compliant; without prejudice to the Contracting Authority s right to reject the Expression of Interest, to meet with, raise issues and/or seek clarification from the Candidate in respect of the relevant Expression of Interest; without prejudice to the Contracting Authority s right to reject the Expression of Interest, to request the Candidate to provide the Contracting Authority with information or items which have not been provided or have been provided in an incorrect form; and/or without prejudice to the Contracting Authority s right to reject the Expression of Interest, to waive a requirement which, in the opinion of the Contracting Authority, is not material and/or is procedural.
13.0 Conflict of Interest Any conflict of interest or potential conflict of interest must be fully disclosed to the Contracting Authority as soon as such conflict or potential conflict becomes apparent. In the event of any conflict or potential conflict of interest the Contracting Authority shall, in its absolute discretion, decide on the appropriate course of action. 14.0 Confidentiality This Information Memorandum shall be treated as private and confidential. Candidates shall not release details of this document other than on a confidential basis to those who have a legitimate need to know or to whom they need to consult for the purpose of preparing their submissions. Candidates shall not at any time release information concerning this Information Memorandum for publication in the press or on radio, television, screen or any other medium. The Contracting Authority is subject to the provisions of the Freedom of Information Acts 1997-2003. As a result, Candidates should identify clearly any aspects of the Expressions of Interest which contain information that is either commercially sensitive or confidential in nature, together with the reasons for so doing which must be clearly specified. In such cases, the relevant material may, subject to the provisions of the Acts, be protected from access in response to a request made under the Acts. The Contracting Authority shall have the right to publicise or otherwise disclose to any third party information in relation to the contract, the nomination of short-listed Candidates (including details of their respective Candidate Members, representatives, advisors, consultants, servants or agents), the procurement process or the award of the contract, at any time. 15.0 Enquires All enquiries in relation to the Information Memorandum must be submitted in writing to Jonny Wynands, Dublin Docklands Development Authority on or before the date specified on the etenders website. A written response will be sent to enquiries received before this time and may be supplied to all Candidates. The Contracting Authority may at its absolute discretion but shall in no circumstance be obliged to reply to queries received after that date. Subject to the above, it will be a requirement that all exchanges shall be kept confidential by the Contracting Authority, the Candidates and their respective advisers. Candidates will also be asked to enter into undertakings of confidentiality should it become appropriate to release confidential information to them. Enquiries submitted by email should not be considered to have been received by the Contracting Authority unless acknowledged by the Contracting Authority within two working days. Verbal queries will not be entertained. 16.0 Freedom of Information (FOI) i. The Authority propose that the following information relating to this tender competition will be made available on request outside of FOI: Qualitative selection criteria (i.e. minimum mandatory requirements) - these might include evidence of financial standing, technical capability, etc. Award criteria - this may be either the lowest price or the most economically advantageous tender (i.e. using various criteria such as price, period for completion, running costs, technical merit, etc.) Detailed reasons to unsuccessful candidates as to why their application was rejected.
ii. The Authority undertakes to hold confidential, any information provided by you in this (tender) subject to: a) disclosure of the information specified at (i) above as liable for release to the public; b) the Authority s obligations under law, including the Freedom of Information Act, which came into force on 21 April, 1998. You are asked to consider if any of the information supplied by you in this (tender) should not be disclosed because of its sensitivity, (other than that referred to at (i) above). If this is the case, you should, when providing the information, identify same and specify the reasons for its sensitivity. The Authority will consult with you about sensitive information before making a decision on any Freedom of Information request received. If you consider that none of the information supplied by you is sensitive, please make a statement to that effect. Such information may be released in response to an FOI request.
Appendix 1 Pre-qualification Questionnaire (This must be completed by all candidates)
A. Organisation Information (A1) Name of the company in whose name the tender would be submitted (A2) Contact name: (A3) Address: (A4) Telephone number: (A5) E-mail address: (A6) Please provide a brief explanation of the organisation structure and enclose an organisation chart with this completed questionnaire, including such details such as whether the organisation is a subsidiary of another company, a holding or a parent company? (A7) Company Registration number, date of registration and registration address: (A8) Number and locations of premises from which your organisation provides services similar to those required by the Authority (including details of staff numbers at each location) B. Compliance With Directive 2004/18 Article 45 Candidates must provide a signed declaration that none of the conditions specified in Article 45 of Directive 2004/18 apply to them (in the case of a consortium, to any Candidate Member). Candidates are informed that they will be automatically excluded if any of these apply to them or to any Candidate Member. The conditions specified in Article 45 apply to any Candidate or Candidate Member who: (a) (b) (c) has been the subject of a conviction by final judgment of participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA; has been the subject of a conviction by final judgment of corruption, as defined in Article 3 of the Council Act of 26 May 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively; has been the subject of a conviction by final judgment of fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities; (d) has been the subject of a conviction by final judgment of money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering; (e) (f) (g) (h) (i) (j) (k) is bankrupt or is being wound up, whose affairs are being administered by the court, who has entered into an arrangement with creditors, who has suspended business activities or who is in any analogous situation arising from a similar procedure under national laws and regulations; is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration (or examinership) by the court or of an arrangement with creditors or of any other similar proceedings under national laws or regulations; has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata; has been guilty of grave professional misconduct proven by any means which the contracting authority can demonstrate; has not fulfilled obligations relating to the payment of social security contributions in accordance with Irish law or with the legal provisions of the country in which he is established; has not fulfilled obligations relating to the payment of taxes in accordance with Irish law or the legal provisions of the country in which he is established; Is guilty of serious misrepresentation in supplying or failing to supply the information required by
the contracting authority. CANDIDATE NAME: On behalf of the above named Candidate I hereby declare that none of the above circumstances specified in Directive 2004/18/EC Article 45 and as specified above apply to the above mentioned Candidate. Signed by On behalf of. Date. C. Financial and Economic Capacity The following financial information is required to be provided: (C1) A copy of the most recent audited accounts for your organisation that cover the last three years of trading or for the period that is available if trading for less than three years. (C2) A statement of the organisation s turnover for the most recent three years of trading (or part year if full year not applicable) or for the period that is available if trading for less than three years, where this information is not available in an audited form at C1 (C3) Where (C1 and C2) cannot be provided, a statement of the organisation s cash flow forecast for the current year and a bank letter outlining the current cash and credit facility position. (C4) A separate statement of the organisation s turnover that relates directly to the supply of this service for the past three years, or for the period the organisation has been trading (if less than three years). (C5) If the organisation is a subsidiary of a group, (C1) to (C2) are required for both the subsidiary and the ultimate parent. Where a consortium or association is proposed, the information is requested for each member company. (C6) The name and address of your banker (C7) Please provide details of your organisation s insurance provision for the following policies: Policy Insurer Indemnity Value ( ) Employer s Liability Public Liability Professional Indemnity
D. Technical Capacity (D1) State your average annual manpower and number of managerial staff over the past three years broken down by discipline to include those services for which you are applying. (D2) List all education and professional qualifications of your managerial staff and other staff who are responsible for the delivery of the services of the type required, their roles and the managerial structure adopted within the organisation. (D3) List the professional bodies to which your organisation belongs (D4) Identify whether you intend to sub-contract or enter into any other joint analogous arrangement with regard to the provision of services and provide details of such arrangements (D5) Relevant Experience For no less than five or more than ten similar projects that have been completed in the last three years, provide the following details: Dates on/during which the services were provided. Scope of Services provided. Details for whom the services were provided, including the Client referee name and address. Capital Value of the Works if appropriate. Confirmation that the above services were carried out to the roles of the appropriate professional conduct and that the services were completed satisfactorily. (D6) Please provide details of your measures for ensuring quality of services delivered.