Find a TenderAwarded
Published 23 Oct 2023, 15:18 BST

Official UK procurement notice

Firmus Energy Construction and Maintenance Works and Services Contract

Official notice

Authority: Firmus Energy (Distribution) Limited

Framework agreement2 lotsWorksNegotiated procedure with prior call for competitionMax 1 lot per supplier
Framework ceiling (notional)£66,000,000total for 2 lots · framework ceiling, not attributable revenue · 1 value update
Submissions closed 9 Jan 2024awarded 1 Jul 2024
Lots 2max 1 won per supplier

What is being bought2 lots · detail below

Published requirement 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.

CPV: Construction materials and associated items · Construction work for gas pipelines · Gas distribution ancillary work · Gas regulation equipment installation work · Gas supply mains construction work · General construction work for pipelines · Installation of pipe system · Pipelaying construction work · Pipeline lifting and relaying

How this framework works

From the published notice
Places
up to 2 suppliers

Lots and requirements (2)Procurement structure

2 lots · all with a published value · win at most 1 of them
Lot #1Option ACancelledPublished value£55,000,000
  • 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.
Delivery: Northern Ireland · - Derry/Londonderry - Limavady - Coleraine - Ballymoney - Ballymena - Antrim - Craigavon (including Lurgan and Portadown) - Armagh - Banbridge - Newry
Extensions: 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.Second stage: up to 4 candidates invited to tenderVariant bids: not allowed
Lot #2Option BCancelledPublished value£66,000,000
  • 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).
Delivery: Northern Ireland · - Derry/Londonderry - Limavady - Coleraine - Ballymoney - Ballymena - Antrim - Craigavon (including Lurgan and Portadown) - Armagh - Banbridge - Newry
Extensions: 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.Second stage: up to 4 candidates invited to tenderVariant bids: not allowed

What it takes to win
i

How this buyer will score bids.

The evaluation criteria and weights exactly as published on the notice, grouped by family (price, quality, social value and so on).

Evaluation split and conditions of participation as published; the tender pack may add more
Conditions of participation1
  • Suitability

    As stated in the procurement documents

Legal form for consortia
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.
Shortlisting
As stated in the procurement documents
Successive reduction
Candidates will be reduced successively across stages
What this means for your bid
  • “Firmus Energy Construction and Maintenance Works and Services Contract” is a framework: the contest is a place on its panel, up to 2 suppliers, not a single contract.

Procedure terms & legal framework

From the official record · publisher note attached
Procedure method
Negotiated procedure with prior call for competition
Legal basis
CELEX · 32014L0025 Utilities Contracts Regulations 2016 (Directive 2014/25/EU)
Procurement category
Works
Notice status
Awarded
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Framework agreement
Who may use this agreement
Not stated in the notice; call-off rights may be limited to the establishing authority
Competition type
Competitive procedure
GPA / WTO covered
Yes (GPA)
Recurring procurement
No (one-off requirement)
First published
23 Oct 2023, 15:18 BST
Last source update
24 Jul 2024, 12:52 BST
FTS notice number
2024/S 000-023016
Classification (CPV)
Construction materials and associated itemsConstruction work for gas pipelinesGas distribution ancillary workGas regulation equipment installation workGas supply mains construction workGeneral construction work for pipelinesInstallation of pipe systemPipelaying construction workPipeline lifting and relaying
Delivery area
Northern Ireland (UKN0)
Official registry OCID
ocds-h6vhtk-040e44 Find a Tender
Contract terms summary

As set out in the procurement and contract documents

Contract terms
Performance terms

As set out in the framework agreement

Publisher note: 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.

How it was run

Official notice
Appointment period ends
9 Jan 2024, 12:00 GMT
Submission channel
{"written"}
Accepted languages
en
Bid validity
180 days from the deadline
Deposits and guarantees

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

Timeline

24 Nov 2023 → 24 Jul 2024 · 3 dates
  1. Next notice expected
    24 Nov 2023
  2. Admission / appointment period endsperiod end, not a bid countdown
    9 Jan 2024, 12:00 GMT
  3. Notice published
    24 Jul 2024, 12:52 BST

Notice history

5 events · 3 releases on Find a Tender · since 13 Dec 2023
  1. Published value updated to £66,000,000
    13 Dec 2023, 13:42 GMT
    was £85,000,000
  2. Status changed to active
    13 Dec 2023, 13:42 GMT
  3. Procurement method changed
    13 Dec 2023, 13:42 GMT
  4. Deadline moved to 9 Jan 2024, 12:00 GMT
    13 Dec 2023, 13:42 GMT
    +64 days · was 6 Nov 2023, 17:00 GMT
  5. Status changed to complete
    24 Jul 2024, 12:52 BST

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Suppliers appointed 1admitted to the panel
Contracts signed 1latest 1 Jul 2024

1 suppliers are admitted to this framework without individual award values or dates; the JSON mirror lists them.

Contracts

  • Construction & Maintenance Works and Services Contract

    Signed
    1 Jul 2024
    Value
    —
    Status
    active

Contracting authority & participating public bodies

Firmus Energy (Distribution) Limited

Contracting authorityProduction, transport and distribution of gas and heat GB-COH: 05375370 A4-A5 Fergusons Way Kilbegs Road, ANTRIM, Northern Ireland, BT414LZContact email Published organisation website ↗

Dispute resolution & review bodies

  • High Court of Justice in Northern IrelandReview body BelfastContact email

Official documents & specifications (2)

Official links; attachments are not copied

Tender pack and attachments

  • Economic and financial selection criteriatenderEconomic and financial selection criteria
  • Technical selection criteriatenderTechnical selection criteria