Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2022-12-27
Buyer: Dublin City Council
Country: IE
Contract type: Works
Procedure: Competitive dialogue
CPV classification: 45000000: Construction work | 45210000: Building construction work | 45211000: Construction work for multi-dwelling buildings | 45211100 | 45211300

Technical requirements: Contract for the delivery of an integrated mixed tenure residential development at O'Devaney Gardens, Arbour Hill, Dublin 7
In 2017, as part of its Housing Land Initiative, Dublin City Council decided to procure the design and construction of residential units on its site at O’Devaney Gardens, Arbour Hill, Dublin 7 (the “Project”). This followed a long decision making process which was initiated in 2014 and involved various proposals and feasibility studies. One of the key objectives was to leverage the value of the site to deliver the Project. The works involved, which would incorporate design, site preparation and the construction of new buildings, meant that the contract used to deliver the Project would be deemed a “public works contract” for the purpose of public procurement.
Dublin City Council commenced a competitive dialogue process in 2017 in accordance with Regulation 30 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Article 30 of Directive 2014/24/EU) and which involved a number of distinct stages. The process was concluded when Bartra Property (Residential Holdings) Limited was identified as the preferred tenderer. A development agreement was executed between Dublin City Council and a special purpose vehicle, Bartra ODG Limited (“Bartra”), on 6 December 2019 (the “Development Agreement”). The Development Agreement forms the contractual relationship between the parties in relation to the Project. It governs such matters as the application for planning permission; obligations in terms of design, carrying out and completion of the works; payments by Bartra to Dublin City Council; transfer of title; insurance; deliverables to Dublin City Council; and defects liability. The Development Agreement anticipates the delivery of 192 “Social” residential units, 169 “Affordable” residential units, and 407 “Developer” residential units, subject to planning permission. A pre-condition of the Development Agreement obliged Bartra to obtain planning permission for the Development by 06 December 2022. The Development Agreement identified that Bartra would be paid for “Social” and “Affordable” residential units on completion of the relevant units.
Further information on the Project is available at https://www.dublincity.ie/residential/housing/strategies-policies-and-initiatives/housing-land-initiative/odevaney-gardens
1. It will be a condition for the award of any contract by DCC that the successful Tenderer and all sub-contractors (if applicable) produce a valid Tax Clearance Certificate from the Revenue Commissioners in compliance with Circular (43) 2006 (or as amended) and that the certificate will be maintained for the duration of the contract and will be on a 12 month basis. In the case of a non-resident Tenderer, a statement of suitability from the Revenue Commissioners will be required.
2. Suppliers must register their interest on the Irish Government procurement opportunities portal www.etenders.gov.ie in order to be included on the mailing list for clarifications.
3. Please note also that all information relating to attachments, including clarifications and changes, will be published on www.etenders.gov.ie only. Registration is free of charge. DCC will not accept responsibility for information relayed (or not relayed) via third parties.
• To enable submission of multiple documents concurrently, download and install the ‘Upload Manager ActiveX’ facility to your eTenders user profile.
• Suppliers who do not use the Upload Manager can upload individual files, however please ensure to allow sufficient time for upload.
• There is a maximum upload limit of 2GB per file. Documents larger than this should be divided into smaller files prior to upload.
• In order to submit a document to the electronic postbox, please note that you must click “Submit Response”.  After submitting a response, the response may be modified and re-submitted as many times as may be necessary until the RFT deadline has expired. Suppliers should be aware that the “Submit Response” button will be disabled automatically upon the expiration of the response deadline.
• Suppliers must ensure that they give themselves sufficient time to upload and submit all required documentation before the submission deadline.  Suppliers should take into account the fact that upload speeds vary.
• Should you experience difficulty when uploading documents please contact the eTenders Support Desk for technical assistance. Email etenders@eu-supply.com or Telephone: 353 (0) 21 243 92 77 (09:00am – 17:30pm GMT)
6. All queries regarding this tender must be submitted through www.etenders.gov.ie RFT ID 122448 for the attention of Hugh McKenna. Queries must be in question format. Responses will be circulated to those candidates/tenderers that have registered an interest in this notice on www.etenders.gov.ie. The details of the party making the query will not be disclosed when circulating the response. All queries must be submitted by 5pm (Irish time) on 15 September 2017 to enable issue of responses to all interested parties.
7. Please note that where documents are made available in both PDF and Word format, in the event that there is any discrepancy between the documents, the PDF version will take precedence.


Winner: Bartra ODG Limited