Invitation to Submit Proposals for the Provision of Social Housing for Túath Housing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Invitation to Submit Proposals

for the

Provision of Social Housing

for

Túath Housing

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

 

  1. INTRODUCTION

 

  1. INFORMATION FOR APPLICANTS

 

  1. OBJECTIVE AND SCOPE

 

  1. CONTRACTUAL ARRANGEMENTS

 

  1. SUBMISSION OF PROPOSALS

 

  1. FORMAT AND DELIVERY OF SUBMISSIONS

 

  1. EVALUATION AND AWARD CRITERIA

 

 

 

APPENDIX 1 – SUBMISSION CHECKLIST

 

APPENDIX 2 – FORMS TO BE COMPLETED AND SUBMITTED

  1. INTRODUCTION

 

Túath Housing (Túath) is a not-for-profit organisation, limited by guarantee, and an approved voluntary housing association. Túath is governed by its Memorandum and Articles of Association, and is run by a Management Board, comprised of volunteers from professional backgrounds in law, design and construction, property and finance. Túath was initially established in the Republic in 2000 and is approved for voluntary housing, under Section 6 of the Housing (Misc Provisions) Act 1992, for the purposes of the Housing Act 1966-2009. Túath is registered with the DOHPC&LG, has charitable status and is a member of the Irish Council for Social Housing.

 

Túath’s aim is to provide long-term, safe, quality housing at best value whilst locally building mixed, sustainable communities. Túath is primarily a service organisation, housing people in need and managing homes whilst responding to, engaging with and involving local people to make social housing work.

 

Our core business is managing homes in a sustainable way, allowing people and families to peacefully enjoy, live and settle within communities. The association has won a number of awards for its housing schemes in recent years.

 

The association currently provides and manages over 3,000 social homes. This is mainly as general needs and family housing in rural and urban areas, but we also provide supported housing for the elderly and people with special needs.

 

As part of the ongoing growth and development of the association, Túath wishes to engage with experienced residential developers, building contractors and/or landowners or agents acting on their behalf, in connection with the procurement of social housing units throughout the Country where there is an identified demand for affordable / social rented housing.

 

This notice sets out to explore the availability of suitable development opportunities that Tuath may procure from the open market on a turnkey acquisition or Design & Build basis in order to assist in the delivery of social housing units, based upon a clearly identified set of criteria.

 

This Expression of Interest (EoI) sets out the conditions and the basis on which Túath will determine which submission(s) can be selected to be advanced. Where two submissions have been received in the same geographical area, where local housing demand will only support 1 single scheme, this document also clarifies how Túath will determine who has submitted the most economically advantageous tender.

 

  1. INFORMATION FOR APPLICANTS

 

Applicants are requested to note the following:

 

2.1   This Competition is governed generally by public procurement law and in particular, EU Council Directive 2004/18/EC and the European Communities (Award of Public Authorities Contracts) Regulations 2006 (SI 329 of 2006), following the open procedure in accordance with the 2006 Regulations.

 

2.2   This EoI and any submissions received as result of this EoI replaces and supersedes all previous documentation, communications and correspondence between Túath and the applicant and applicants should not place any reliance on any such previous documentation, communications or correspondence.

 

2.3   All costs associated with the preparation of the submission, including the engagement of design consultants, securing planning permission etc. are to be considered as work at risk and will be the sole responsibility of the applicant regardless of the outcome of the process, including the abandonment of the process by Túath.

 

2.4   Following the outcome of the submission process, Túath may elect to contract with one, several of none of the applicants. No legal relationship or other obligation in relation to the development of any scheme shall arise between the applicant and Túath unless and until a contract is formally executed in writing by Túath and the successful applicant (if any) and all Conditions Precedents to the effectiveness of any such Contract have been fulfilled. Nothing in this EoI is or shall be relied upon as a promise or representation as to Túath’s ultimate decision in relation to the award of any Contract.

 

2.5   The content of this document is for information purposes only. No part of this document, in whole or in part, may be reproduced, stored, transmitted, or used for design purposes without the prior written permission of Túath.

 

2.6   Each applicant’s acceptance of delivery of this EoI constitutes its agreement to, and acceptance of, the terms of the process. In particular, applicants must:

 

  • comply with the requirements and instructions specified in this EoI; and
  • when preparing their Submissions, follow the format specified in this EoI and include all information detailed as being required.

 

  1. OBJECTIVE AND SCOPE

 

Proposals are invited from suitable applicants (i.e. experienced developers, Building Contractors or other parties) to supply residential scheme(s) for social housing purposes. Submissions can be on the basis of turnkey acquisition of completed units or on a design and build basis for units yet to be constructed.

 

The following scope applies to any scheme put forward by Applicants:

3.1   Suitable social housing schemes should typically comprise a mix of house types ranging from 1 beds (10%) two beds (c40%), three beds (c40%) and four beds (c10%) and be in areas of high housing demand. The final mix of house types will vary depending on location

 

3.2   Preference will be given to schemes that have the benefit of full planning permission. Should planning permission for the site not be available, the applicant should indicate when full planning permission is likely to be obtained. Tuath’s order of preference will be as follows:

  1. Completed developments
    1. Development sites that have full planning permission
    2. Development sites that have imminent planning permission
    3. Sites without the benefit of any planning permission.

 

Please note, it will not be possible for Túath to contract on any scheme that does not have full Planning Permission.

 

  • The development must comply with:
    1. the conditions of the Planning Permission relating thereto;
    2. the Local Authority Development Plan;
    3. all Housing Guidelines issued by the Department of Environment, Community and Local Government, including:
  1. Delivering Homes Sustainable Communities. Statement on Housing Policy – Dept. of the Environment Heritage & Local Government, Dublin 2007
  • Quality Housing for Sustaining Communities- Best Practise- Guidelines for Delivering homes Sustainable Communities – Department of the Environment Heritage & Local Government, Dublin 2007
  1. Design Manual For Urban Roads & Streets 2013.

 

  • The Applicant must have good and marketable title to the land on which the scheme is to be developed.

 

  • Schemes should be for a minimum of 5 units and a maximum of 100 units.

 

  • Preference will be given to schemes that have a high proportion of units that have own door access and private amenity space however, subject to location, apartment schemes will also be considered.

 

  • Schemes that include the provision of a high percentage of apartment or multi-unit blocks (in excess of 33% of the overall development) must be located in a town or city centres.

 

Applicants whose scheme does not meet these requirements will not be eligible for the award of a Contract and Túath’s determination as to whether these conditions are satisfied shall be final and binding.

 

 

 

  1. CONTRACTUAL ARRANGEMENTS

 

The EoI seeks submissions on the basis of either acquisition/ turn key or design and build with stage payments. The two types of agreements differ significantly in terms of contractual complexity and will be therefore subject to different contractual arrangements.

 

4.1     Turn Key Acquisitions

 

Turn key arrangements relate to the acquisition by Túath of completed units from the developer. Túath can enter into contract to acquire the units prior to completion but the agreed acquisition price will not be paid until the units are complete and ready to be handed over to Túath.

 

Negotiation on the final design and specification can occur during the development period between the contractor / developer and Túath and Túath may determine that unless certain amendments to the proposals are made that it will not be possible to enter into Contract. This said, it should be noted that design liability remains the responsibility of the developer / contractor at all times. It should be noted that the developer, subcontractors and design consultants will need to enter into collateral agreements in favour of our funders and standard forms of these agreements are available on request.

 

It may be possible to pay a fully refundable booking deposit to confirm Túath’s commitment to a Scheme but it should not be assumed that this will always be the case as the payment of deposits will be determined on a project by project basis.

 

4.2     Design and Build

 

Túath may agree to work in partnership with an experienced developer / contractor to develop a scheme on a design and construct basis. Under these arrangements, Túath, and/or its agents, review the suitability of the developer’s design and cost proposals and negotiate an all-in project cost. The agreed cost will be split between land, professional fees and construction costs. Túath would acquire the land through a land sale contract and simultaneously enter into a building agreement for the construction of the units. Construction works are financed by way of certified interim payments made under the building contract at agreed intervals / stages or alternatively as a final payment on completion of the units.

 

Design and Build arrangements are more contractually complex as Túath (as the Contracting Authority) needs to ensure that the association, as well as it’s funders, are protected in the event of any difficulties an applicant may have in fulfilling the contract. As a consequence, where stage payments are being made, the developer / contractor will be required to enter into a bespoke building agreement based on PW-CF2 government form of contract with Túath, as well as ensuring the design team and any specialists used during the project sign collateral agreements in favour of Túath’s funders. An addendum to the contract has been prepared and is available on request.

In situations where agreement is reached to purchase the land upfront and pay for the construction works on completion, the form of building agreement will be based on an amended Law Society’s General Conditions of Sale, which will also need to provide for the provision of collateral agreements in favour of Túath’s funders from design consultants, the main contractor and any sub-contractors with a design liability and a contract package in excess of €50,000.

 

  1. SUBMISSION OF PROPOSALS

 

5.1     Structure of the Process

 

A contract notice was despatched by Túath Housing and subsequently published in the Official Journal of the European Union inviting interested persons to make submissions in respect of any Schemes.

 

An indicative timetable for the conduct of the Competition is set out below. Applicants should note that these dates and times are subject to change at the discretion of Túath.

 

 

Contract notice

despatched for publication

 

 

20th November 2017

 

Closing date for

receipt of clarification requests from Applicants

 

 

12:00 hrs (GMT) on

20th December 2017

 

 

Closing date and time for

receipt of Submissions from Applicants

 

 

12:00 hrs (GMT) on

27th December 2017

 

 

Contract award (estimated)

 

 

January 2018

 

5.2     Amendments & Clarifications to EOI

 

If for any other reason, Túath is of the opinion that a clarification and/or amendment is required to be made to this EOI, then Túath shall be entitled to make any such clarification and/or amendment and/or issue such additional information, at any time prior to the closing date and time for clarification. It will be assumed that Applicants will have had regard to all such clarifications and/or amendments when preparing and finalising their submissions. Túath shall be under no obligation to explain any such clarifications or amendments to Applicants and there shall not necessarily be any extension to the closing date and time for receipt of submissions.

 

5.3 Applicants Seeking Clarifications

 

All enquiries or requests for clarification by an applicant should be emailed to the following contact point: tenders@tuathhousing.ie

 

The above contact point is the only point of communication that an applicant should have with Túath in connection with this competition. No approach should be made by an applicant (or any person associated with an applicant) to any other employee, servant, agent or advisor to Túath in connection with this competition.

 

Verbal queries or requests for clarification will not be considered by Túath. The closing date and time for clarifications to be made by applicants is specified above. Túath will endeavour to respond to all reasonable enquiries and requests for clarification received on or by that date and time, but it does not undertake to respond to all queries/requests received.

 

All such queries and requests received, together with replies and clarifications on the points raised, may be circulated to all applicants in a suitably anonymous form.

 

If an applicant believes a query/request and/or its response relates to a confidential or commercially sensitive aspect of its business or proposals, it must mark the query/request as “confidential” or “commercially sensitive” (as the case may be) and provide a statement of the reasons why the query/request is considered to be confidential or commercially sensitive.

 

If Túath, at its discretion, is satisfied that the query/request and/or its response should be properly regarded as confidential or commercially sensitive, the nature of the query/request and Túath’s response thereto shall be kept confidential (subject to any applicable legal requirements including any duties or obligations arising under Freedom of Information Legislation).

 

If Túath is of the opinion that it would be inappropriate to answer the query/request on a confidential basis, it will notify the applicant and require them to either withdraw the query or to raise any objection within 3 Business Days of such notification and state the grounds for its objection. If the applicant does not withdraw the query/request or raise any objection within the specified period, or Túath is of the opinion that, notwithstanding the objection of the applicant, the query/request is not confidential or commercially sensitive, Túath may issue the query/request and its response to all of the applicants.

 

Túath may seek clarification in respect of submissions made by one or more applicants during the Competition.

 

5.4     Ambiguities

 

Applicants shall immediately notify Túath should they become aware of any ambiguity, discrepancy, error or omission in this EoI and any accompanying documents. Túath shall, upon receipt of such notification, notify all applicants of its ruling in respect of any such ambiguity, discrepancy, error or omission. Such ruling shall be issued in writing and shall form part of the competition documents.

 

5.5     Validity Period

 

Submissions shall remain open for acceptance for a period of six (6) months from the Closing Date and Time, or any longer period agreed with Túath.

 

 

5.6     Canvassing

 

If any applicant (or a person associated with an applicant), in connection with this Competition or the Contract, either:

 

  • canvasses or offers any inducement, fee or reward to any employee, servant or agent of Túath or its professional advisors; or
  • does anything which would constitute a breach of the Prevention of Corruption Acts 1889 to 2010 or the Registration of Lobbying Act 2015; or
  • approaches any employee, servant or agent of Túath or its professional advisors except as authorised in this EoI, including for the purposes of soliciting the employment of any such persons or soliciting information about the Competition or the Contract,

 

that applicant may be eliminated from the Competition, without prejudice to any other civil remedies available to Túath and without prejudice to any criminal liability which such conduct may attract.

 

5.7     Data Protection

 

Should any personal data (as defined in the Data Protection Legislation) be made available as part of the Competition, the applicant will ensure it complies with the provisions of the Data Protection Legislation including, without limitation:

 

  • ensuring that it has in place an appropriate notification on the register maintained by the Information Commissioner (as defined in the Data Protection Legislation);
  • only processing such personal data in accordance with the instructions of Túath;
  • ensuring it destroys all such personal data when it is no longer required for the purposes for which it was made available to the Applicant; and
  • taking all necessary organisational and technical measures to protect the personal data from unauthorised disclosure of from loss.

 

Applicants undertake to:

 

  • observe the policies of Túath with respect to the security of any personal data used in connection with the Competition, should these be made known to them by Túath; and
  • notify Túath of any unauthorised use or disclosure of personal data made by the applicant, its employees, servants or agents.

 

 

 

 

 

  1. FORMAT AND DELIVERY OF SUBMISSIONS

 

6.1     General

 

Submissions must be fully compliant with the requirements of this EoI. Without prejudice to Túath’s right to request clarifications from an applicant, Túath reserves the right at its absolute discretion to reject any submission which lacks any of the information required by this EoI at the closing date and time. Please refer to Appendix 1 which provides a Checklist of documentation that must be provided as part of the submission.

 

All submissions must be in the English language. Any specified word or page limits must be adhered to – additional wording or pages will simply not be assessed.

 

Applicants must not make assumptions that Túath has experience of their organisation or activities, even if that applicant is currently contracted to or has been previously contracted to Túath. Proposals will only be evaluated based on the information provided in the submission and other responses provided to Túath in the course of the Competition.

 

Each applicant should ensure that its submission is compliant, comprehensive and clear. Túath reserves the right, but shall not be obliged, to reject any submission which does not fully comply with the requirements set out in this EoI or is ambiguous. If a submission fails to so comply, is qualified, is ambiguous, or could be construed as rendering the submission equivocal and/or placing it on a different footing from other submissions, Túath shall be entitled (but shall not be obliged) to take such steps as it considers appropriate, at its sole discretion, including (but not limited to):

 

  • to reject the submission as non-compliant;
  • without prejudice to Túath’s right to reject the tender:
    • to meet with, raise issues and/or seek clarification from the applicant in respect of its submission;
    • to request the applicant to provide Túath with information or items which have not been provided or have been provided in an incorrect form or on an incorrect basis;
    • to waive a requirement which, in the opinion of Túath, is minor or procedural;
    • to amend or clarify the requirements of this EOI and invite applicants to adjust their submissions on the basis of such revised or clarified requirement.

 

 

6.2     Format of Submissions

 

Applicant’s submissions are to be structured as set out below.

 

Each of the different elements must be made in a separate sealed envelope and labelled appropriately as follows:

 

Tender to: Túath Housing

 

Project: Expression of Interest Turn Key and Design & Build Proposals

 

Part 1 of Submission (Forms & Declarations)

 

 

 

Tender to: Túath Housing

 

Project: Expression of Interest Turn Key and Design & Build Proposals

 

Part 2 of Submission (Minimum Requirements)

 

 

 

Tender to: Túath Housing

 

Project: Expression of Interest Turn Key and Design & Build Proposals

 

Part 3 of Submission (Housing Proposals)

 

 

 

Tender to: Túath Housing

 

Project: Expression of Interest Turn Key and Design & Build Proposals

 

Part 4 of Submission (Pricing Proposals)

 

 

Two (2) hard copies of each part of the submission must be provided.

 

A return address must be included on the rear of the submission package.

 

Postage, courier and other charges on all documents must be prepaid.

 

Túath’s decision as to whether or not a tender has complied with the requirements of this EoI shall be final and binding.

 

6.3.1   Part 1 of Submission – Forms & Declarations

 

In Part 1 of the submission, Applicants must complete and return all of the forms and declarations set out in Appendix 2:

 

Form 1 – Applicant’s Statement (on letter head)

 

Form 2 – Applicant Information

 

Form 3 – Bona Fide Submission

 

Form 4 – Conflicts of Interest

 

Form 5 – Eligibility

 

If any form or declaration is not completed or is not completed to the satisfaction of Túath, the applicant may be eliminated from the competition without Parts 2, 3 or 4 of its submission being opened or evaluated.

 

An applicant shall be eliminated from the competition if any of the grounds for elimination in Section 1 of Form 5 (Eligibility) apply.

 

6.3.2   Part 2 of Submission – Minimum Requirements

 

In Part 2 of the submission, Applicants must confirm that they meet all of the following minimum requirements and demonstrate that they have the ability and capacity to perform the contract.

 

  1. Tax Clearance

Applicants are required to provide with their submissions evidence of a valid tax clearance certificate from the Irish Revenue Commissioners, or in the case of a non-resident, a statement from the Revenue Commissioners in Ireland confirming suitability on tax grounds.

 

Alternatively, applicants may give Túath permission to check their tax clearance status by quoting their Revenue customer number and tax clearance certificate number.

 

Where an applicant does not have and cannot produce a valid tax clearance certificate or a statement from the Revenue at the time of making its submission, confirmation of submission of the application for a tax clearance certificate/statement from the applicant’s auditor or a form of acknowledgement of receipt of the application for tax clearance certification from the Irish Revenue Commissioners must be produced with the submission. A valid tax clearance certificate must be produced by a successful applicant before execution of any Contract.

 

  1. Relevant Insurances

Applicants are required to confirm that either they have or their building contractor has Employer’s Liability and Public Liability as required below. Applicants are also required to confirm that each of their professional team members and material sub-contractors have and shall maintain the Professional Indemnity insurances required below, as per the requirements of the Development Agreement:

 

 

 

 

 

 

Insurance

 

 

Indemnity Limit

 

 

Employers Liability

 

 

€13 million per claim, per annum.

 

Public Liability

 

 

€6.5 million per claim, per annum.

 

Professional Indemnity – Each Professional Team member and any Material Sub-contractor.

 

 

 

€6.5 million on an each and every claim basis if the Scheme has 20 units or more.

 

€2.5 million on an each and every claim basis per annum if the Scheme has less than 20 units.

 

 

Contractor All Risks

Covering any loss or damage to any part or parts of the Project in standard form for the full reinstatement value of the Project under construction plus a reasonable allowance to cover for the cost of inflation during any period of rebuilding or reinstatement and to also include for appropriate percentages for professional fees and the costs of site clearance in respect of the Works

 

Formal evidence of the above Relevant Insurances being in place shall be sought prior to any Contract being entered into.

 

  1. Site Location Map

Each applicant must provide a site location map (size A3, scale 1:1000, Ordnance Survey map or similar, with boundaries of the site clearly marked in red) showing the location of the scheme.

 

  1. Planning Permission

Each applicant must provide in its submission a copy of the full planning permission granted in respect of the scheme. Where planning permission is not in place, the applicant must identify the status as to any planning application that has been made or is due to be made.

 

  1. Financial and Economic Standing (For Design & Build Only)

Applicants must demonstrate that they are of sufficient financial standing to perform the contract by providing the following:

 

  • Audited accounts for the last three financial years;
  • Evidence of annual turnover (in each of the last 3 years) of at least one times the value of the contract (ex VAT) which is being proposed by the applicant.
  • A letter of good standing from the applicant’s banker dated within last 3 months;
  • Confirmation that the applicant is able to provide or procure the provision of a performance bond by the building contractor, for at least 12.5% of the value of the contract it is proposing, where such contract value exceeds €500,000, to remain valid for a period of 18 months following practical completion and from a surety who either:
  1. is authorised by the Irish Financial Regulator to carry on non-life insurance business under the European Communities (non-Life Insurance) Framework Regulations 1994; or
  2. holds an authorisation from a competent financial regulatory authority in another EU member state and has notified the Irish Financial Regulator of its intention to passport into Ireland on either a freedom of services or freedom of establishment basis under the European Communities (non-Life Insurance) Framework Regulations 1994

AND

  • A letter from the applicant’s proposed surety or the building contractor’s proposed surety confirming that they will provide the performance bond, for at least 12.5% of the value of the contract it is proposing, if the Applicant is successful in the Competition and is to be awarded a Contract.

 

Where an applicant is unable to provide the documentation requested above for any valid reason, they must explain why that documentation cannot be supplied and provide alternative documentation and information to prove to Túath that they have the necessary economic and financial standing to perform the Contract.

 

If an applicant is relying on the financial resources or capacity of a parent company or a third party to demonstrate that it has the necessary financial and economic standing to perform the Contract, this must be indicated and the relevant information must be provided in respect of that parent or third party. That parent or third party must also provide a letter of support indicating:

 

  • that it will make its financial resources available to the applicant in the event that it is successful in this Competition and is awarded the Contract;
  • that it will enter into a contractual commitment with Túath or a guarantee in favour of Túath in respect of such financial resources prior to any Contract being entered into.

 

  1. Technical and Professional Ability (For Design & Build Only)

The applicant must demonstrate that has sufficient technical and professional ability to perform the contract by providing evidence of developing and completing three residential schemes similar to that which the applicant proposes to develop for Túath in the last seven (7) years.

Responses should include the following information for each such scheme:

 

Name of the Development
Full Address
Total number of housing units
Type of units (full schedule of accommodation listing the house types, apartments etc.)
Value of the contract
Outline of architectural specification, materials & finishes
Photographs of the finished units
Date of practical completion
BER Rating achieved

 

If an applicant is relying on the technical resources or capacity of a parent company or a third party to demonstrate that it has the necessary technical and professional ability to perform the Contract, this must be indicated and the relevant information must be provided in respect of that parent or third party. That parent or third party must also provide a letter of support indicating:

 

  • that it will make its technical resources available to the applicant in the event that it is successful in this Competition and is awarded the Contract;
  • that it will enter into a contractual commitment with Túath or a guarantee in favour of Túath in respect of such technical resources prior to any Contract being entered into.

 

6.3.3   Part 3 of Submission – Housing Proposals

 

In Part 3 of the submission, applicants must answer the following questions in relation to how they propose to perform the contract:

 

  1. Detailed Designs. Please provide detailed design drawings, which at a minimum should be the planning drawings. Please also provide a full schedule of accommodation for the proposed scheme indicating the floor areas of each unit, area of private open space, refuse collection & storage, services and amenities within the scheme. (Please note before Túath can sign formal contracts for a development a full set of detailed construction drawings must be provided with a full pricing schedule or Bill of Quantities. The cost of same must be included in the Tender figure).

 

  1. Specifications. Please provide the proposed architectural/technical specifications with a schedule of finishes for the scheme

 

  1. Programme. Please provide a programme showing the timescales involved in developing the scheme. This must indicate general timeframes and when the scheme will reach practical completion. The date for the delivery of the scheme will be the date for completion in any subsequent building agreement.

 

  1. Proximity. Please explain on 2 x A4 pages (in Ariel font size 12 single spaced) the proximity of the Proposed Housing Scheme to each of the following facilities (specifying the distance (in metres/kilometres) to each of the following and the nature of the facility in question):

 

  • Public Services

Public transport, good road network, public car parking, park & ride facilities, cycle route & parking facilities;

  • Primary Services

Schools, crèche, hospital/medical facilities, supermarket, Post Office, Bank, Daycare centres and other retail services;

  • Amenities

Playgrounds, parks, libraries, sports facilities, swimming pools, & other private or public leisure facilities such as cinema, community centres, children’s play centres.

 

Responses to all of these questions will be incorporated in any contract awarded to the Applicant.

 

5    Context. In addition, under this criterion, Túath will review the overall context to the submission, focusing on:

  • Level of established social housing demand in the area and the ability to meet this demand.
  • Proposed scheme mix in relation to the identified demand for social housing in the area

 

Applicants should ensure that they are familiar with the overall tenure mix in the area surrounding and adjacent to the proposed development and should indicate as part of their submission how the proposal will add to the overall sustainability of the area.

 

Similarly, applicants should identify how they consider that the mix of the proposed development should be viewed as sustainable and appropriate in light of the identified housing demand considered in 5a.

 

6.3.4   Part 4 of Submission – Pricing Proposals

 

In Part 4 of the Submission, applicants must provide their pricing proposals by completing the following tables:

 

TABLE 1: Unit Costs

 

A –

Unit Type

B – Development Cost*

C –

Site Cost**

D –

No of units

E –

Total Unit Cost (B+C)xD

I bed house
2 bed house
3 bed house
4 bed house
1 bed aptmt
2 bed aptmt
3 bed aptmt
4 bed apmt
Other
Other
Other
Other
Total

 

*         development cost (including cost of roads, landscaping, services, design fees, planning contributions etc and VAT but excluding land).

**        site cost is proposed cost of land to be sold to Túath on a per unit basis.

 

Pease note:

 

  • All prices, costs and financial data included in the submissions must be in euro (€). Any currency variations occurring over the term of the contract shall be borne by the applicant.
  • Applicants must not alter or insert additional items in the above table or submit any other pricing document.
  • This will be a fixed price lump sum agreement and all costs must be included in the matrix above.

 

 

6.4     Delivery of Submissions

 

If the applicant wishes to participate in the competition, its completed submission including all attachments referred to therein must be delivered in accordance with this EoI, no later than the closing time and date, using the following address label template:

 

 

Tender to:

New Business Team,

Túath Housing

33 Leeson Street Lower

Dublin 2

 

Confidential

Project: Expression of Interest

 

 

The applicant’s name should not appear on the box/envelope containing the submission. It is the responsibility of the applicant to ensure the submission is labelled correctly.

 

Submissions should be sent by registered post, recorded delivery or delivered by hand. It is the responsibility of each applicant to obtain a receipt from Túath. Faxed or emailed submissions will not be accepted.

 

Túath, exercising its discretion and having regard to relevant considerations, will decide whether to assess the late submission and its decision in this regard shall be final.

 

Submissions will not be returned to applicants.

 

 

  1. EVALUATION AND AWARD

 

7.1     Award Criteria

 

Túath will evaluate the submission using the following award criteria

 

7.1.1   Part 1 of Submission (Forms & Declarations)

 

 

Award Criterion

 

Weighting

 

Form 1 – Applicant’s Statement (on letter head) submitted

Pass/Fail

 

Form 2 – Applicant Information submitted

Pass/Fail

 

Form 3 – Bona Fide Submission submitted

 

Pass/Fail

 

Form 4 – Conflicts of Interest submitted

 

Pass/Fail

 

Form 5 – Eligibility submitted

 

Pass/Fail

 

 

7.1.2   Part 2 of Submission (Minimum Requirements)

 

 

Award Criterion

 

Weighting

 

Criteria A: Details of Tax Clearance submitted

 

Pass/Fail

 

Criteria B: Details of relevant insurances provided

Pass/Fail

 

Criteria C: Site Location Plan submitted

Pass/Fail

 

Criteria D: Details of Planning status provided

Pass/Fail

 

Criteria E: Evidence of Financial and Economic Standing submitted (For Design & Build Only).

 

Pass/Fail

 

 

Criterion F: Technical and Professional Ability (For Design & Build Only) will be evaluated using the following methodology

 

 

Indicator

 

Score

 

No response at all or insufficient information provided in the response such that the project is assessable and/or incomprehensible.

 

0

 

Project bears little or no relation to the Scheme which Applicant is proposing and/or reflects very poor experience.

 

1 – 2

 

Project bears some relation to the Scheme which Applicant is proposing and/or reflects poor experience.

 

3 – 4

 

Project bears some relation to the Scheme which Applicant is proposing and/or reflects reasonable experience.

 

5 – 6

Project is similar to the Scheme which Applicant is proposing and/or reflects good experience.

 

7 – 8

 

Project is similar to the Scheme which Applicant is proposing and/or reflects very good experience.

 

9

Project is similar to the Scheme which Applicant is proposing and/or reflects excellent experience.

 

10

 

Each example will be scored out of 10 and the maximum score for the three examples is therefore 30. Any applicant who scores less than 10 out of 30 will be deemed to have failed Criteria F and will be eliminated from the competition.

 

Any applicant (or Group) which fails any of the award criterion in Parts 1 or 2 shall be eliminated from the competition and shall not proceed to have Part 3 or Part 4 of its submission evaluated.

 

7.1.3   Part 3 of Submission (Housing Proposals)

 

Each response to Question 1 (Detailed Designs), Question 2 (Specifications) Question 4 (Proximity) and Question 5b (Context – Scheme Mix) in Part 3 shall be scored out of 10 marks using the following scoring matrix

 

 

Indicator

 

Score

 

No response at all or insufficient information provided in the response such that it is assessable and/or incomprehensible.

 

0

 

Very poor response in many respects

 

1 – 2

 

Poor response in many respects

 

3 – 4

 

Reasonable response in most or all respects

 

5 – 6

Good response in most or all respects

 

7 – 8

 

Very good response in all respects

 

9

Excellent response in all respects

 

10

 

The raw scores for the above four questions will then be weighted based on the following, and aggregated to give a mark out of 80.

  • Detailed Design (Part 3, Question 1) factored by 3
  • Specifications (Part 3, Question 2) factored by 2
  • Proximity to Amenities etc (Part 3, Question 4) factored by 2
  • Context – Proposed Scheme mix (Part 3 Question 5b) factored by 1

 

 

Award Criterion

 

Weighting

 

Detailed Design (Part 3, Question 1) factored by 3

30%

 

Specifications (Part 3, Question 2) factored by 2

20%

 

Proximity to Amenities, Public Services, Primary Services (Part 3, Question 4) factored by 2

 

20%

 

Context – Scheme mix (Part 3, Question 5b) factored by 1

 

10%

 

Please note that schemes without the benefit of full planning permissions will score less well in terms of Question 1 (Detailed Design) and question 2 (Specification) than schemes that have full planning permission in place.

 

Question 5a in Part 3 (Context), will be assessed as follows:

Túath will review the level of demand for social housing in the area with the relevant local authority and will award up to 20 marks based on the following:

 

 

Indicator

 

Score

 

No noted demand for social housing

 

0

 

Very poor levels of demand for social housing

 

1 – 4

 

Poor levels of demand for social housing

 

5 – 8

 

Reasonable levels of demand for social housing

 

9 – 12

High levels of demand for social housing

 

13 – 16

 

Very high levels of demand for social housing

 

17 – 18

Very high levels of demand for social housing with very few alternative opportunities

 

19 – 20

In summary, Part 3 will be marked as follows:

 

 

Award Criterion

 

Max Marks

 

Detailed Design (Question 1)

30

 

Specifications (Question 2)

20

 

Proximity to Amenities etc (Question 4)

 

20

 

Demand for Social Housing (Question 5a)

20

 

Scheme Mix (Question 5b)

 

10

 

The response to Question 3 in relation to programme will be assessed for information only and shall not form part of the overall evaluation process but the specified completion date may be included in any subsequent building agreement.

 

7.1.4   Part 4 of Submission (Pricing Proposals)

 

A full financial appraisal will be completed by Túath on the proposals received using the applicant’s proposed cost per unit for the scheme as specified in Part 4 of its submission.  This appraisal determines whether a scheme is viable in terms of the financial parameters imposed by our funders which relate to comparison with open market valuations for comparable properties and the ability of Túath to service debt finance based on indicative market rents.

 

Submissions that are not finically feasible will not be progressed, regardless of the scores received in Part 3 relating to Housing Proposals and level of demand for social housing.

 

In addition, Túath will calculate an average gross yield for the development using the information provided in Table 1 of the applicant’s submission as follows:

 

 

Gross Yield =

 

 

Annual market rent for the development ***

Total Cost for the development****

 

 

 

***      Market rent as assessed by Túath

****     Total Costs as indicated

 

A raw score out of 10 will be awarded based on the following:

 

 

Gross yield

 

Score

 

Below 1% 0
1% to 2% 1
2% to 3% 2
3% to 4% 3
4% to 5% 4
5% to 6% 5
6% to 7% 6
7% to 8% 7
8% to 9% 8
9% to 10% 9
Over 10% 10

 

The gross yield raw score shall then be multiplied by a factor of 5 to produce and applicant’s final ‘price’ score for Part 4 out of 50 marks.

 

Túath’s assessment of market rents for the proposed units in the calculation of the gross yield will be based on data available for comparable units to those within the submission, which may include reference to property price websites, independent valuations, market rent information from local authorities or from any other source deemed appropriate by Túath. Túath’s assessment of proposed market rents used in this calculation is final and binding.

 

If, in Túath’s opinion, a tendered sum or percentage is abnormally low, Túath  may require the applicant to provide further written details of the constituent elements of the overall tendered sum or percentage or any other information which Túath considers relevant. Any failure to provide such information, where requested, may exclude the applicant from further consideration. If, having considered the information provided, Túath is of the view that either the overall tendered sum is abnormally low or any tendered sum or percentage is abnormally low, Túath may reject the tender.

 

7.5     Finalising Scores

 

All applicants who have completed satisfactorily the Forms & Declarations (Part 1 of the submission) and met the Minimum Requirements (Part 2 of the submission) will proceed to be ranked based on their aggregate scores for Part 3 and Part 4 of their submission.

 

Should there be a tie in the scores achieved by two or more Applicants for Part 3 and Part 4 (when combined), the submissions will be further ranked in accordance with their scores for Part 4 (with the Applicant obtaining the highest percentage score for Part 4 being ranked higher).

 

The applicant which Túath decides to award a contract to will be judged to have submitted the most economically advantageous tenders (the ‘Preferred Applicants’).

 

Any notification of ‘Preferred Applicant’ status shall not give rise to any enforceable rights of the applicant.

 

Túath is not bound to appoint or award a contract to any Preferred Applicant.

 

7.6     Feedback

 

Túath shall provide feedback to the unsuccessful applicants on their submissions.

 

 

 

APPENDIX 1

 

Applicants Checklist

 

 

Please ensure that two copies of the following information have been provided and that each of the four parts of the submission are provided in separate sealed envelopes:

 

Ref: Requirement Included Y/N
Part 1 Forms & Declarations (see 6.3.1 for further detail)
  Form 1 – Cover Letter
  Form 2 – Applicant Information
  Form 3 – Bona Fide Submission
  Form 4 – Conflicts of Interest
  Form 5 – Eligibility
Part 2 Minimum Requirements (see 6.3.2 for further detail)
  A – Tax Clearance
  B – Relevant Insurance
  C – Site Location Plan
D – Planning Permission
E – Financial & Economic Standing (D&B only)
F – Technical & Professional Ability (D&B Only)
Part 3 Housing Proposals (see 6.3.3 for further detail)
1 – Detailed Design
2 – Specification
3 – Programme
4 – Proximity to facilities
5 – Context
Part 4 Pricing Proposal (see 6.3.4 for further detail)
Unit cost analysis (Table 1)

 

 

 

 

 

 

 

APPENDIX 2

 

FORMS TO BE COMPLETED AND SUBMITTED IN PART 1

 

 

The forms contained in this Appendix must be completed in full and returned by Applicants.

 

  1. Cover Letter (Sign and return)

 

  1. Applicant Information (Sign and return)

 

  1. Bona Fide Submission (Sign and return)

 

  1. Conflicts of Interest (Sign and return)

 

  1. Eligibility (Sign and return)

 

 

 

FORM 1 – APPLICANT’S STATEMENT

 

[to be completed by the Applicant or by the lead entity within the Applicant’s Group on its headed notepaper]

 

To: Túath Housing

Re: Request for Expressions of Interest for the Provision of Social Housing

 

Having examined your invitation to submit an Expression of Interest (EoI), we hereby include our submission and agree and declare the following on or own behalf (and where we are a Group, on behalf of all members of our Group):

 

We understand the nature and extent of the works required to be provided under the contract, and the risks associated therewith, and we have carried out all necessary due diligence in relation to same.

 

We confirm that we have made our submission in accordance with the instructions set out in the EoI.

 

We confirm that:

 

  1. our Scheme is in an area of high social housing demand;

 

  1. we have obtained full planning permission by the closing date and time for receipt of submission. Should this not be the case we have provided within our submission details of when planning permission is expected to be obtained.

 

  1. our Scheme complies with:
    1. the conditions of the Planning Permission relating thereto (where relevant);
    2. the Local Authority Development Plan;
    3. all Housing Guidelines issued by the Department of Housing, Planning, Community and Local Government, including:
  1. Delivering Homes Sustainable Communities. Statement on Housing Policy – Dept. of the Environment Heritage & Local Government, Dublin 2007;
  2. Quality Housing for Sustaining Communities- Best Practise- Guidelines for Delivering homes Sustainable Communities – Department of the Environment Heritage & Local Government, Dublin 2007;
  • Design Manual For Urban Roads & Streets 2013.

 

  1. we have good and marketable title to the land on which the scheme is to be developed;

 

We confirm that our Submission shall remain valid for acceptance by Túath for a period of 6 months from the closing date and time.

 

We understand that Túath does not bind itself to accept the lowest or any submission made in response to the EoI.

 

We understand Túath reserves the right to discontinue the award procedure in the event of irregular submissions or in the absence of appropriate submissions and in such circumstances, it may use the negotiated procedure without a further call for competition.

 

If applicable, we enclose with this Statement any relevant letters of support from parent companies or third parties whose resources we intend to rely on in order to perform the Contract. These letters confirm that any such third party:

 

(a)        will make its relevant resources available to the Applicant in the event that the Applicant is successful in this Competition and is awarded the Contract; and

 

(b)        it will enter into a contractual commitment with Túath or a guarantee in favour of Túath in respect of such relevant resources at the same time as any Contract is entered into with the Applicant.

 

We acknowledge that the EoI does not constitute an offer to enter into a contract and should not be regarded as a commitment or representation on the part of Túath to enter into a contractual arrangement. No commitment of any kind, contractual or otherwise, binding Túath shall exist unless and until a formal written contract is executed by or on behalf of Túath. We understand that Túath may, at its absolute discretion, terminate this competition at any time prior to a formal written contract being executed on behalf of Túath.

 

Our Professional Team members are as follows (for Design and Build only):

 

[insert]

 

We confirm the Professional Team member(s) will certify compliance with building regulations and planning permission:

 

Our construction management team is as follows (for design and build only):

 

[insert]

 

We warrant and represent that we have all the requisite corporate authority to submit the Tender.

 

Dated this                        day of                               2017

 

 

Signed by or on behalf of the Applicant:                           _________________________

 

Print Name of Signatory:                                                _________________________

 

Name of  Applicant[1]:                                                       _________________________

 

Registered Address:                                                       _________________________


FORM 2 – CORPORATE INFORMATION

 

[to be completed by the Applicant and (in the case of a Group) where indicated, by a Group Member]

 

Applicant (or lead entity only in case of Group)

 

Full Name:
Address:
Previous Name(s) if applicable:
Registered Address if different:
Registration Number (if applicable):
Telephone:
Contact Name & Details:
E-mail address:
Website address:
Year Established:
Legal Form (Tick One):

Company                  Joint Venture

Partnership               Other (specify):

VAT Registration Number (if applicable):
Directors’ names and titles:
Parent Company:

 

Applicant’s authorised representative

(or lead member’s representative in case of Group)

 

Name:

 

Contact Name & Details:

 

Address:

 

Telephone:

 

Facsimile:

 

Email Address:

 

 

Status of Applicant

 

Please confirm whether the applicant is a single bidder, a partnership, a Group or other type of joint venture.

 

Single Bidder                                            Partnership

 

Group                                                           Other Type of Joint Venture

 

 

If other type of joint venture, please specify:

 

 

 

If the applicant is not a single bidder, the applicant’s authorised representative should provide details of the structure proposed by means of an organisational chart.  Where available, please provide a copy of any agreement evidencing the relationship between the applicant, and/or any team members.

 

If the applicant is a Group, the applicant confirms that the representative named above is authorised to act on behalf of the applicant and as the principal contact for the applicant in dealings with the Authority. (If not applicable, state ‘n/a’).

 

Group Member Name and Title Signature

 

Proposed legal form

 

Is the applicant already a limited company or is it intended that it will (if successful in the Competition) be incorporated?

 

Already a Limited Company                       Will be Incorporated

Will not be Incorporated

 

If the applicant is already incorporated, please provide the following information:

 

Registered Number:

 

Year of Incorporation:

 

Issued Share Capital:

 

Place of Registration:

 

Certified up to date copy of Memorandum of Association (or similar)

 

VAT Registration Number (if applicable)

 

Directors names and title:

 

Parent Company:

 

 

 

 


FORM 3 – BONA FIDE SUBMISSIONS

 

[to be completed by the Applicant and, in the case of a Group, by the lead entity on behalf of the Group]

 

The essence of tendering is that the client (Túath), shall receive bona fide competitive tenders from all firms tendering. In recognition of this principle, we certify that we are submitting a bona fide submission which is intended to be competitive and we have not fixed or adjusted any amount specified in our submission by or under or in accordance with any agreement or arrangements with any other person.

 

We also certify that we have not:

 

  • Communicated to a person other than Túath the amount or approximate amount of any pricing in our submission, except where the disclosure, in confidence, of such pricing was necessary to obtain insurance premium quotations required for the preparation thereof;

 

  • enter into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount or pricing to be submitted; and

 

  • offered or paid or given or agreed to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other submissions for the said work any act or thing of the sort described above.

 

We undertake that we will not do any of the acts mentioned in sections (a), (b) or (c) above at any time before the acceptance or rejection of our submission.

 

In this certificate, the word “person” includes any persons and anybody or association, corporate or unincorporated and “any agreement or arrangement” includes any such transaction, formal or informal and whether legally binding or not.

 

Signed by or on behalf of the applicant

(and the applicant’s Group, if applicable):                        _________________________

 

Printed Name of applicant:                                              _________________________

 


FORM 4 – CONFLICT OF INTEREST

 

[to be completed by the applicant and, in the case of a Group, by the lead entity on behalf of the Group]

 

With reference to Section 5.6 (Conflict of Interest) of the EOI, please complete where appropriate.

 

We warrant that:-

 

  1. There would be no conflict of interest in relation to the personnel or type of work involved in the tendered Contract.

No Conflict

 

  1. There could be a possible conflict of interest in relation to [enter the name(s) of the individual(s) concerned] and their involvement in the tendered Contract.

 

Possible Conflict

 

  1. Please explain what the possible conflict or perceived conflict of interest may be and who it relates to and how it could have an adverse effect on the tendered Contract(s).

 

___________________________________________________________

 

___________________________________________________________

 

 

Any registrable interest involving the applicants or any sub-contractors and any of the members of the board of Túath, members of the Government, members of the Oireachtas, or employees or officers of Túath or their relatives must be fully disclosed.

 

The terms ‘registrable interest’ and ‘relative’ shall be interpreted as per Section 2 and Schedule 2 of the Ethics in Public Office Act 1995 a copy of which is available to download at www.finance.gov.ie.

 

We wish to notify Túath of the following registrable interests:

 

_________________________________________________________________

 

_________________________________________________________________

 

 

Signed by or on behalf of applicant:                                 _________________________

 

Printed Name of applicant:                                              _________________________

 

Registered Address:                                                       _________________________

 

_________________________

 

_________________________

 

 

FORM 5 – ELIGIBILITY

 

[to be completed by the applicant and, in the case of a Group, by the lead entity on behalf of each member of the Group]

 

Section 1

Applicants will be automatically excluded from the Competition if, to the knowledge of Túath, the applicant (or any member of an applicant Group) has been convicted of an offence involving the:

 

  • participation in a prescribed criminal organisation;
  • corruption;
  • fraud;
  • money laundering; or
  • any other offence within the meaning of Article 45(1) of Directive EU/2004/18 as defined by the national law of any relevant State.

 

Are any of the conditions referred to in sub-paragraphs (a) to (e) above applicable to the applicant or any Group member?  (Please tick relevant box).

 

YES NO

If “yes” please give details.

 

 

Section 2

In addition, applicants may be excluded from the competition where any of the conditions in sub-paragraphs (a) to (g) inclusive below apply to the applicant or any of its Group members:

 

  • they are subject to any of the following bankruptcy or insolvency procedures:

 

  • the person is bankrupt or the subject of a bankruptcy petition
  • the person, being a body corporate, is being wound up or the subject of proceedings for compulsory winding up, or
  • the person’s affairs are being administered by a court, or the person is the subject of proceedings in which it is sought to have the person’s affairs so administered or
  • the person has entered into an arrangement with creditors, or
  • the person has suspended business activities, or
  • the person is, in the opinion of Túath concerned, in any situation analogous to any of those mentioned in subparagraphs (i) to (v) under a law of the State, another Member State or a third country relating to bankruptcy or insolvency.

 

  • they have been found guilty of professional misconduct by a competent authority that is authorised by law to hear and determine allegations of professional misconduct against persons that include the operator; or
  • they have committed grave professional misconduct provable by means that the authority can demonstrate;
  • they have not fulfilled an obligation to pay a social security contribution as required by a law of the country or territory
  • where the person ordinarily resides or carries on business, or
  • where the authority is established, or
  • they have not fulfilled an obligation to pay a tax or levy imposed by or under a law of the country or territory—
  • where the person ordinarily resides or carries on business, or
  • where the authority is established, or
  • they have provided a statement or information to the authority or another contracting authority knowing it to be false of misleading, or has failed to provide to the authority or another such authority a statement or information that is reasonably required by the authority for the purpose of awarding the public contract concerned;
  • they are subject to any other ground stated in Article 45(2) of Directive EU/2004/18 as defined by the national law of any relevant State.

 

Are any of the conditions (a) to (g) applicable to the Applicant or any of its Group members?  (Please tick relevant box).

YES NO

 

If “yes” please give details.

 

 

Signed by or on behalf of applicant

(and the applicant’s Group, if applicable):                        _________________________

 

Printed Name of applicant:                                              _________________________

 

Registered Address:                                                       _________________________

 

_________________________

 

_________________________

 

 

 

 

 

 

[1] FULL NAME of applicant.  In the case of a partnership insert FULL NAMES of ALL the partners.

 


November 20th, 2017