2. Communications 2.1 Contact All communications from a Candidate to the Contracting Authority concerning this competition must be in writing and must be between the Candidate’s contact person notified to the Contracting Authority in the Candidate’s suitability assessment submission for this competition and the Contracting Authority’s contact person identified in the Particulars, or any changed contact details notified by the Contracting Authority or the Candidate. The Contracting Authority will notify each Candidate of any changes to its contact details. Each Candidate must notify the Contracting Authority of any changes to its contact details. 2.2 Supplemental information The Contracting Authority may (by means stated in the Particulars) supplemental information to all Candidates. Supplemental information may amend any of the information in these documents, including by deleting and adding to it, and by extending time limits. Supplemental information will only become part of the Contract if it is stated to amend the Contract documents. The Contracting Authority will not normally issue supplemental information later than the date stated in the Particulars but is entitled to do so at any time. 2.3 Queries Candidates may raise queries in writing by email or by post using the Contracting Authority’s contact details for queries stated in the Particulars. Queries must be raised as soon as possible, and should be raised in any event no later than the latest date for queries stated in the Particulars, although the Contracting Authority may at its discretion respond to queries raised after that date. The Contracting Authority has no obligation to respond to queries. If the Contracting Authority responds to a query, it will send the response to each Candidate, unless the Candidate asking the query has clearly designated the query as confidential. If the Candidate has designated the query as confidential, and the Contracting Authority decides that the response should, nevertheless, be sent to all Candidates, the Contracting Authority will so notify the Candidate asking the query, who will, subject always to the Contracting Authority’s rights under paragraph 2.2 of these Instructions, have the option of withdrawing the query or having any response sent to all Candidates. Responses to queries will not be part of the Contract, unless they state that they are amending or supplementing the Contract documents. If a Candidate becomes aware of any ambiguity, discrepancy, error, or omission in or between these documents, it must immediately notify the Contracting Authority, even after the time for submitting queries has expired. Continued on next page
3. Candidates 3.1 Name Each Candidate must sign and deliver the Form of Tender the Candidate’s full correct legal name. This must be the name in which the Candidate was invited to participate in this tender competition. Any changes must be in accordance with paragraph 2.4 of these Instructions and accepted by the Contracting Authority before a tender is allowed proceed to evaluation stage. 3.2 Parent or other company If a Candidate has relied on the capacity or qualifications of a parent or other entity in its suitability assessment submission for this competition the Candidate must include with the tender a confirmation letter in the form at Appendix 1 to these Instructions from such parent or other entity confirming that the resources relied upon will be made available and that a contractual commitment will be entered into by such parent or other entity at contract execution stage if required by the Contracting Authority. 3.3 Joint ventures If the party who will execute the contract as the Consultant is one or more human or legal persons (such as a partnership, joint venture or consortium), each of them must execute the Form of Tender (see also 5.14 below). Where the role of Health and Safety Supervisor is part of the service to be provided the party providing that skill must be an individual or a company (i.e. body corporate) that constitutes an acceptable entity. 3.4 Where a Candidate comprises a lead consultant, who will execute the Contract with the Contracting Authority, and a number of sub-consultants, MF 2.3 Collateral Warranty for Sub-consultants will be required from any sub-consultant as listed in the Particulars and entry into the Contract will be conditional upon the provision of such warranties. The Contracting Authority reserves the right to approve the sub-contract to be entered into between the lead consultant and any such sub-consultants and in particular will expect that the terms of the Conditions of Engagement insofar as they apply to any sub-consultant are reflected in any such 3.5 Mandatory Exclusion Although invited to tender, a Candidate shall be excluded if, to the Contracting Authority’s knowledge at the time of the award decision, it has been convicted of an offence involving participation in a proscribed criminal organisation or corruption or or money laundering. Continued on next page consultants
3. Candidates, Continued 3.6 Discretionary Exclusion Although invited to tender, a Candidate may be excluded if, at the time of the award decision, it is subject to a bankruptcy or insolvency procedure or process of a kind specified in Regulation 53, paragraph (5) of the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 or has 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 Candidate or has committed grave professional misconduct provable by means that the Employer can demonstrate or has not fulfilled an obligation to pay a social security contribution as required by a law of Ireland or the country or territory where the Candidate ordinarily resides or carries on business or has not fulfilled an obligation to pay a tax or levy imposed by or under a law of Ireland or the country or territory where the Candidate ordinarily resides or carries on business or has provided a statement or information to the Contracting Authority or another contracting authority knowing it to be false or misleading, or has failed to provide to the Contracting Authority or another such authority a statement or information that is reasonably required by the Contracting Authority or other authority for the purpose of awarding the public contract concerned.
Appendix 1 Supporting Entity’s letterhead To: [Name and address of Contracting Authority] Invitation to provide [insert description of services e.g. architectural services In relation to: [insert title of project] Date: A Dhaoine Uaisle We to the tender for the above contract submitted by [Name of Tenderer] We are that [Name of Tenderer] in making a tender submission in respect of the above competition is relying on certain resources [including financial resources]being provided by an external source. If successful in this competition [insert name of Entity] will make available to [Name of Tenderer] these resources to enable [Name of Tenderer] carry out the services in question for the Contracting Authority and we hereby confirm that if requested by the Contracting Authority we will execute a formal agreement to this effect in the format required by the Contracting Authority at or prior to issue of Letter of Acceptance for the Services referred to above. Is sinne, le meas _________________________