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INVITATION TO TENDER DOCUMENT
OPEN PROCEDURE
SINGLE-PARTY FRAMEWORK AGREEMENT
For
THE PROVISION OF ELECTRICAL INSPECTION SERVICES
MAXIMUM POTENTIAL DURATION OF AGREEMENT: FOUR YEARS
DEADLINE DATE FOR RECEIPT OF TENDERS: 17/04/2023 AT 12.00 NOON (LOCAL TIME)
NOTE: PLEASE BE ADVISED THAT A FULL NARRATIVE RESPONSE IS REQUIRED TO THE AWARD
CRITERIA CONTAINED IN SECTION 6 OF THIS DOCUMENT. FAILURE TO PROVIDE A FULL NARRATIVE
RESPONSE TO EACH QUALITATIVE CRITERION WILL RESULT IN THE ELIMINATION OF THE TENDER
SUBMISSION IN QUESTION.
Please note that all information relating to this competition, including clarifications and addenda,
will be published on the Irish Government Procurement Opportunities Portal (www.etenders.gov.ie).
Registration is free of charge and there is no charge for documents. The Contracting Authority
accepts no responsibility for information relayed (or not relayed) via third parties.
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DISCLAIMERS
All information contained in this Invitation to Tender document is provided in the strictest
confidence and has been made available solely for the purpose of facilitating the production and
submission of tenders. No party may disclose the contents of this document without the express
permission of Beaumont Hospital (hereinafter ‘the Contracting Authority’).
Tenderers are recommended to read the Invitation to Tender document thoroughly. While all
reasonable steps have been taken to ensure that the information set out in this document is
factually correct, no representation or warranty, express or implied, is or will be made or given in
relation to the accuracy or the completeness of any information contained in this document or
otherwise provided by or on behalf of the Contracting Authority, in writing or otherwise, to any
interested party or its advisers. No responsibility or liability for any loss or damage arising as a result
of reliance on this document, or for the information contained in this document, or for any omission
is or will be accepted by the Contracting Authority or by any of its officers, employees, agents or
professional advisers. No officer, employee, agent, or professional adviser of the Contracting
Authority has any authority to give or make any representation or warranty, express or implied, in
relation to such information. The Contracting Authority’s officers, employees, agents and
professional advisers expressly disclaim any and all liability arising out of such documentation or
information and any errors or omissions in or from the documents and information.
The Contracting Authority reserves the right to discontinue the procurement process at any time.
Without prejudice to the principle of equal treatment, the Contracting Authority is not obliged to
engage in a clarification process in respect of tender submissions with missing or incomplete
information. Therefore, tenderers are advised to ensure that they return comprehensive tender
submissions in order to avoid the risk of elimination from the competition.
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CHECKLIST FOR TENDER SUBMISSIONS
In order to allow the Contracting Authority to fully evaluate completed tender submissions,
Tenderers are advised to ensure that their responses include all of the following information:
All information required under each Award Criterion (Section 6)
The completed and signed Form of Tender (Appendix 1)
The completed and signed European Single Procurement Document (ESPD) (Appendix 2)
All other information required in connection with this competitive process
This checklist has been provided for guidance purposes only and the Contracting Authority accepts
no responsibility for omissions of any description. Tenderers are advised to read this Invitation to
Tender document and its appendices in full in order to provide a comprehensive and compliant
response.
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TABLE OF CONTENTS
1. INTRODUCTION ............................................................................................................................... 5
2. SPECIFICATION OF REQUIREMENTS................................................................................................ 7
3. INSTRUCTIONS TO TENDERERS ....................................................................................................... 9
4. GROUNDS FOR EXCLUSION ........................................................................................................... 15
5. ELIGIBILITY CRITERIA ..................................................................................................................... 19
6. AWARD CRITERIA .......................................................................................................................... 25
APPENDIX 1 – FORM OF TENDER .......................................................................................................... 29
APPENDIX 2 – EUROPEAN SINGLE PROCUREMENT DOCUMENT (ESPD) .............................................. 31
APPENDIX 3 – DRAFT TERMS AND CONDITIONS OF THE FRAMEWORK AGREEMENT ......................... 43
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1. INTRODUCTION
1.1 About the Contracting Authority
Beaumont Hospital, incorporating St. Joseph’s Hospital Raheny, employs approximately 4,000 staff
and has a total in-patient and day case capacity of 913 beds, with an additional treatment capacity
of 40 beds. It is the principal teaching hospital for the Royal College of Surgeons in Ireland and enjoys
close links with Dublin City University, especially in the area of nurse training, and with other
academic institutions in respect of training and research. Further information regarding the hospital
is available online: www.beaumont.ie/aboutus.
1.2 About the Competition
The Contracting Authority is employing the open procedure to establish this framework agreement.
In accordance with the provisions governing the conduct of the open procedure, any interested
economic operator may tender for appointment as the successful framework member. In the first
instance, tenders received will be assessed against the grounds for exclusion and eligibility criteria
and rules contained in Sections 4 and 5 of this document, respectively. Tenders that are not
eliminated under the grounds for exclusion and that comply with the requirements of the eligibility
criteria will be considered for appointment to this framework agreement in accordance with the
award criteria, rules and weightings contained in Section 6 of this document, which are intended to
identify the most economically advantageous tender submission.
1.3 About the Framework Agreement
A framework agreement constitutes a means of establishing overall terms and conditions in

accordance with which, for a specified duration, individual contracts may or may not be awarded. In
the context of a single-party framework agreement, the successful framework member does not
have to compete for each new contract. It is emphasised that a framework agreement constitutes no
guarantee to purchase a specific quantity of services from a particular economic operator. Indeed,
the Contracting Authority reserves the right to operate outside of the framework agreement at its
discretion, particularly should it become apparent that doing so would offer greater value for
money. Notwithstanding the foregoing, the Contracting Authority has adopted a framework
agreement approach to this project in order to leverage efficiencies and maximise cost savings over
a four-year period.
1.4 Duration of the Framework Agreement
This framework agreement will have a maximum potential duration of four years. The initial contract
awarded under this framework agreement shall comprise the provision of the required services for a
period of twelve months from the commencement date of the agreement as a whole. Additional
contracts may be awarded under this framework agreement solely at the discretion of the
Contracting Authority. Once the initial contract has expired, matters such as the performance of the
successful framework member, budgetary considerations and the continued strategic
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appropriateness of the agreement will be assessed in order to determine the number and frequency
of additional contracts (if any) to be awarded under this agreement.
1.5 Award to Runner-up
In the event that, following the establishment of this framework agreement, the successful
framework member cannot, for whatever reason, execute the framework agreement or the initial
contract to the satisfaction of the Contracting Authority, the Contracting Authority reserves the right
to award membership of the agreement to the next highest-ranked tenderer emerging from this
competitive process. This right may be availed of at any time during the tender validity period. This
shall be without prejudice to the right of the Contracting Authority to terminate the agreement and
commence a new competitive process.
1.6 Termination
Once the initial contract has expired, there is no obligation upon the Contracting Authority to make
use of this framework agreement. Notwithstanding this fact, the framework agreement may be
terminated in accordance with the framework agreement terms and conditions, a draft version of
which is contained in Appendix 3 of this document.
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2. SPECIFICATION OF REQUIREMENTS
2.1 General Requirements
The Contracting Authority intends to engage a suitably qualified and experienced service provider to
conduct electrical inspection services throughout the Contracting Authority’s campus. The initial
contract to be awarded under this framework agreement comprises the conduct of the required
services for a period of one year, commencing with the establishment of the framework agreement
as a whole. Specific information regarding the nature of the required services is outlined below.
2.2 Required Expertise
The successful tenderer must make available at least two competent and qualified electricians, fully
trained in safe and effective energised testing practices. The nominated individuals must be certified
and competent in infrared testing and ultrasonics.
2.3 Responsibilities of the Successful Framework Member
The successful framework member shall deliver the required services in accordance with the
following mandatory requirements:
2.3.1 The electricians responsible for service delivery must use properly-rated Arc Flash Personal
Protective Equipment.
2.3.2 The electricians responsible for service delivery must undertake a detailed visual inspection
of each asset, focussing on the exterior and interior of panels.
2.3.3 The electricians responsible for service delivery must undertake ultrasonic testing and
analysis of each asset (16 – 18 kHz).
2.3.4 The electricians responsible for service delivery must undertake infrared testing and analysis
of each asset. In this regard, temperatures that exceed industry recommendations must be
identified and documented (i.e., high-resistance electrical connections, current overload,
defective circuit breakers and/or defective insulator conditions). Before removing covers and
flash guards, electricians must ensure that they are wearing appropriately rated ARC Flash
Personal Protective Equipment for the task.
2.3.5 As necessary, electricians must undertake a full root cause analysis of any anomalies
identified regarding the following:
 Voltage Drop Service;

 Voltage and Current Harmonics Service;
 True RMS Voltage and Current Service;
 Phase Balance Investigation and Reporting.
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2.3.6 At an appropriate juncture during the initial contract, the successful framework member
shall be required to provide a hard copy electrical system analysis, comprising a
comprehensive hard copy report and certification.
2.3.7 The successful framework member shall be required to provide the Contracting Authority
with access to a suitably-detailed online report / register, which must be accurately
maintained for the duration of the initial contract. This report must clearly list all
outstanding problems and any completed repairs.
2.3.8 The online report referred to in Point 2.3.7 above must clearly identify the serial number of
the equipment in question (if applicable), the Contracting Authority’s asset number, a full
description of any components changed, any effects (i.e., the need for additional calibration,
validation, etc), any uncertainty of measurement (where applicable), all relevant safety
checks and all certification.
2.3.9 All inspected assets must be labelled with the date of inspection, or the due date for the
next inspection.
2.3.10 The successful framework member must utilise appropriate servicing and testing
instruments for the purposes of carrying out all inspection and maintenance obligations
arising under this framework agreement. All such instrumentation must be appropriately
calibrated and, where relevant, certified.
2.3.11 Should the successful framework member become aware of any issue, defect or potential
issue that would render an asset unsafe for use in a hospital environment, the Contracting
Authority must be immediately notified of this fact.
2.4 Quotations for Repairs
2.4.1 The successful framework member shall be responsible for resolving all minor issues,
involving the provision of routine parts, during the relevant inspection. In the event that an
asset requires a more significant repair, involving the conduct of complex work or the
provision of major spare parts or components, the successful framework member shall
provide a detailed written quotation to the Contracting Authority at the earliest possible
opportunity.
2.5 Access
2.5.1 The successful framework member shall be required to liaise with the Contracting
Authority’s Technical Services Department in order to arrange access to relevant assets. It
shall be the responsibility of the successful framework member to determine any works that
need to be completed on an out-of-hours basis and to make appropriate arrangements with
local management staff of the Contracting Authority in this regard. All costs associated with
carrying out certain aspects of the required service on an out-of-hours basis shall be deemed
to be included in tenderers’ financial proposals.
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3. INSTRUCTIONS TO TENDERERS
3.1 Compliance with Instructions to Tenderers
Tenderers are required to comply with these Instructions to Tenderers when preparing their tender
submissions. By submitting a tender, each tenderer acknowledges and agrees to be bound fully by
these Instructions to Tenderers. Non-compliance with these Instructions may, and in stated
circumstances shall, invalidate the submitted tender, subject always to the discretion of the
Contracting Authority. The decision of the Contracting Authority in relation to compliance with these
Instructions to Tenderers is final and binding.
3.2 Ambiguities, Discrepancies, Errors or Omissions in the Tender Document
If you consider that you are missing any documents or information, the absence of which would
preclude you from submitting a comprehensive tender, or should you become aware of any
ambiguity, discrepancy, error or omission in this Invitation to Tender document, please raise the
matter via the eTenders question and answer function (www.etenders.gov.ie) as soon as possible.
3.3 Queries
All queries regarding this competition should be submitted via the questions and answers function
of the Irish government’s Procurement Opportunities Portal (www.etenders.gov.ie). The closing date
for receipt of such queries is 17:00 on 05/04/2023. The following additional conditions govern the
submission of queries:
(a) No approach of any kind should be made to any other person within, or associated with, the
Contracting Authority in connection with this Invitation to Tender. Any such approach may,
at the absolute discretion of the Contracting Authority, result in the elimination of the
tenderer in question from this process.
(b) The Contracting Authority will endeavour to respond to all reasonable queries received but
does not undertake to respond to all queries indiscriminately. In particular, queries seeking
interpretation of this Invitation to Tender document may not result in a response.
(c) In the event that a tenderer considers a query confidential or commercially sensitive, it must
mark the query accordingly. If the Contracting Authority considers, at its absolute discretion,
that the query or related response should be properly regarded as confidential or
commercially sensitive, the nature of the query and its response will be held as confidential,
subject to the Contracting Authority’s obligations under law.
If the Contracting Authority is of the opinion that it would be inappropriate to answer the query on a
confidential basis, it will notify the tenderer accordingly and require the tenderer to either withdraw
the query or agree to its release, accompanied by a response, to all tenderers.
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3.4 Qualification of Tenders
Please note that qualifications to a tender submission may, depending upon their materiality, render
the tender submission invalid.
3.5 Tender Submission
The deadline date and time for receipt of tenders is 17/04/2023 at 12:00 noon (local time). Tenders
must be submitted through the eTenders web portal (www.etenders.gov.ie) only. The completed
tender submission, which is to include all information identified in the Checklist for Tender
Submissions contained in this Invitation to Tender document, must be compiled in such a manner
such that it can be read immediately upon opening of the post-box. Tenderers must ensure
electronic documents are not corrupt. The Contracting Authority is not responsible for corruption in
electronic documents.
Each tenderer is fully responsible for the uploading of the tender document to the post-box. The
post-box will close automatically at 12:00 noon exactly on the closing date; in this regard,
tenderers are advised to commence the uploading process substantially in advance of this time to
avoid missing the deadline. E-mailed, faxed, hard copy, posted or late tenders will not be
considered under any circumstances.
3.6 Extension of Tender Period
The Contracting Authority reserves the right, at its sole discretion, to revise the deadline date for
receipt of tender submissions by giving notice in writing to tenderers at any point up to the deadline
date contained in this Invitation to Tender document.
3.7 Notice of Addenda
The Contracting Authority reserves the right to update or alter the information contained in this
document at any time, but not later than seven (7) days before the deadline date for the receipt of
tender submissions. Any such notification will automatically become part of this Invitation to Tender
document.
3.8 Modifications to Tenders (Prior to Deadline Date for Receipt of Tenders)
Modifications to tender submissions will be accepted in the form of supplementary information

and/or addenda, provided they are uploaded to the eTenders platform (www.etenders.gov.ie)
before the deadline date for the receipt of tender submissions.
3.9 Cost of Preparation of Tender Submissions
The Contracting Authority will not be liable for any costs incurred by tenderers in the preparation
and submission of tenders and/or any associated work effort or costs (legal or otherwise) arising as a
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result of participation in this competition, regardless of the outcome or conduct of the competitive
process.
3.10 Clarification of Abnormally Low Tenders
In the event that the Contracting Authority considers the tender submission to be commercially
unsustainable or otherwise problematic in light of the tendered price or any other financial matter,
the tenderer shall be invited to provide clarification to the Contracting Authority in respect of all
elements of the tender submission that the Contracting Authority deems relevant. Any failure to
satisfactorily comply with such a request, or to satisfactorily address the Contracting Authority’s
concerns, may, at the discretion of the Contracting Authority, result in the elimination of the tender
in question.
3.11 Tender Validity Period
To allow sufficient time for tender assessment, a tender validity period of twelve months is required,
commencing on the deadline date for receipt of tender submissions.
3.12 Currency
Tender prices and any other financial information must be submitted in Euro (€) only. All invoices
and payments will be in Euro (€) only.
3.13 Confidentiality
The distribution of this Invitation to Tender document is for the sole purpose of obtaining tender
submissions as referred to therein. The distribution of this document does not grant permission or
licence to use the documents for any other purpose. Tenderers are required to treat the details of all
documentation provided in connection with this competition as private and confidential. Similarly,
the Contracting Authority undertakes to use all reasonable endeavours to ensure that any
confidential information received from tenderers is not disclosed to third parties, subject always to
its obligations under law and the applicable provisions of the Freedom of Information Acts.
In this regard, tenderers are asked to consider if any of the information supplied by them in
response to this Invitation to Tender document should not be disclosed because of its sensitivity.
Tenderers must specify the precise information that is sensitive and the reasons for its sensitivity.
Tenderers are advised that it is not sufficient to merely include a statement of confidentiality
encompassing all information contained in a tender submission.
The Contracting Authority cannot guarantee that any information provided by tenderers, either in
response to this Invitation to Tender or in the course of any framework agreement established as a
result thereof, will not be released pursuant to the Contracting Authority’s obligations under law,
including the Freedom of Information Acts 1997 and 2003, European Procurement Directives and all
Irish procurement legislation and guidance. The Contracting Authority accepts no liability
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whatsoever in respect of any information provided that is subsequently released or in respect of any
consequential damage suffered as a result of such obligations.
3.14 Conflict of Interest
Any conflict of interest involving a tenderer must be fully disclosed to the Contracting Authority. Any
registrable interest involving the tenderer and the Contracting Authority, or employees of the
Contracting Authority or their relatives, must be fully disclosed in the tender submission. In the
event that the tenderer becomes aware of the conflict of interest only after a tender submission has
been made, the conflict of interest must be immediately disclosed to the Contracting Authority. The
terms ‘registrable interest’ and ‘relative’ will be interpreted in accordance with Section 2 of the
Ethics in Public Office Act, 1995. Failure to disclose a conflict of interest may disqualify a tenderer or
invalidate the establishment of any framework agreement, depending upon when the conflict of
interest is made known to the Contracting Authority.
3.15 National Legislation
Tenderers are advised that national legislation applies in respect of matters such as employment,
working hours, official secrets, data protection and health and safety. Tenderers must have regard to
statutory terms relating to minimum pay and to legally binding industrial or sectoral agreements in
preparing tenders. Moreover, tenderers are advised that the laws of Ireland will govern this
competitive process. This competitive process, any resulting framework agreement and any resulting
contract will be subject to the exclusive jurisdiction of the Irish courts.
3.16 Determination of Responsiveness
After opening tender submissions, the Contracting Authority will determine whether each tender
submission is substantially responsive to the requirements of this Invitation to Tender document. If a
material deviation exists that limits in any substantial way the Contracting Authority’s rights or the
tenderer’s obligations under any framework agreement to be established, the tender shall be
rejected.
3.17 Clarification of Tenders
To assist in the evaluation and associated comparison of tender submissions, the Contracting
Authority may ask tenderers to clarify and supplement certain aspects of their tender submissions,
including financial proposals. A request for such clarifications should not be construed as an
indication of success in the competition.
3.18 Interference
Any effort by a tenderer to unduly influence the Contracting Authority, its personnel or any other
relevant persons or bodies regarding the process of examination, clarification, evaluation and
comparison of tenders and any decisions concerning the establishment of the framework agreement
shall result in the elimination of said tenderer’s tender submission. In accordance with Section 38 of
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the Ethics in Public Office Act 1995, any money, gift or other consideration from a person seeking
success in a public tendering competition will be deemed to have been paid or given corruptly unless
the contrary is proved.
3.19 Prohibition on Canvassing
Any tenderer who, in connection with this competition:
(a) offers any inducement, fee or reward to any member, officer or employee of the Contracting
Authority or any person acting as an advisor to the Contracting Authority in connection with
the competition; or
(b) takes any step constituting a breach of the Prevention of Corruption Acts 1989 to 2010; or
(c) canvasses any of the persons referred to in paragraph (a) above in connection with the
competition; or
(d) contacts any officer or employee of the Contracting Authority prior to the framework
agreement being established about any aspect of the competition in a manner not permitted
by this Invitation to Tender document
may be eliminated from the competition, without prejudice to any other civil remedies available to
the Contracting Authority and without prejudice to any criminal liability such conduct by a tenderer
may attract.
3.20 Prohibition on Collusion
Any tenderer who, in connection with this competition:
(a) fixes or adjusts the amount or terms of his/her tender submission by or in accordance with
any agreement or arrangement with any other tenderer (other than a member of his own
grouping or consortium); or
(b) enters into any agreement or arrangement with any other tenderer that he/she shall refrain
from tendering or as to the amount or terms of any tender to be submitted; or
(c) causes or induces any person to enter into such an agreement or arrangement as referred to
in paragraphs (a) or (b) above; or
(d) informs any tenderer of the amount, approximate amount or terms of any rival tender; or
(e) canvasses any other tenderer in connection with this competition; or
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(f) offers or agrees to pay or give, or does pay or give, any sum of money, inducement or
valuable consideration directly or indirectly to any person for any information in connection
with any rival tender submission; or
(g) communicates to any person other than the Contracting Authority the amount or
approximate amount or terms of his proposed tender submission (except in the event that
such disclosure is made in confidence and is necessary for the preparation of the tender
submission); or
(h) contacts any officer or employee of the Contracting Authority prior to the framework
agreement being established about any aspect of the competition in manner not permitted
by this Invitation to Tender document
may be eliminated from the competition, without prejudice to any other civil remedies available to
the Contracting Authority and without prejudice to any criminal liability such conduct by a tenderer
may attract.
3.21 Notification of Tender Evaluations
All tenderers will be informed in writing of the outcome of this tender competition following the
completion of the evaluation of tender submissions.
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4. GROUNDS FOR EXCLUSION
4.1 Grounds for Exclusion
This Section of the Invitation to Tender document details the grounds for exclusion that apply to this
competition in accordance with Regulation 57 of the European Union (Award of Public Authority
Contracts) Regulations 2016.
A tenderer’s position under each of these grounds will be assessed by reference to the completed
European Single Procurement Document (ESPD) contained in Appendix 2 of this document. The
completed ESPD will comprise a ‘self declaration’ by the tenderer that the grounds for exclusion
detailed hereunder do not apply. The information contained in this Section of the Invitation to
Tender document informs tenderers of how the completed ESPD will be interpreted by the
Contracting Authority.
For the avoidance of doubt, the Contracting Authority reserves the right to request any tenderer to
provide all supporting documentation necessary to demonstrate the inapplicability of any ground for
exclusion detailed hereunder. Such a request may be made at any point during the competitive
process. In particular, before reaching an award decision, the Contracting Authority may require
the successful tenderer to provide all supporting documentation necessary to demonstrate the
inapplicability of any ground for exclusion detailed hereunder. In the event that the supporting
documentation demonstrates that a ground for exclusion does, in fact, apply, the tenderer will be
eliminated from this competition.
(Grounds detailed overleaf)
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EXCLUSION GROUND REG.
An economic operator will be excluded from this competition if the economic operator, or a
member of its administrative, management or supervisory body, has been convicted of
(i) 57.1(a)
participation in a criminal organisation, within the meaning of Article 2 of Council Framework
Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime.
(ii) 57.1(b)
corruption, as defined by Regulation 57.1(b) of the European Union (Award of Public
Authority Contracts) Regulations 2016.
(iii) 57.1(c)
fraud, within the meaning of Article 1 of the Convention on the protection of the European
Communities’ financial interests drawn up under the Council Act of 16 July 1995.
terrorist offences or offences linked to terrorist activities, within the meaning of Articles 1
(iv) 57.1(d)
and 3 respectively of Council Framework Decision 2002/475/JHA of 13 June 2002 on
combating terrorism or inciting or aiding or abetting or attempting to commit an offence
referred to in Article 4 of that Council Framework Decision.
money laundering or terrorist financing, within the meaning of Article 1 of Directive
(v) 57.1(e)
2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the
prevention of the use of the financial system for the purpose of money laundering and
terrorist financing.
member of its administrative, management or supervisory body, has been convicted of child
labour and other forms of trafficking in human beings, within the meaning of Article 2 of
(vi) 57.1(f)
Directive 2011/36/EU41 of the European Parliament and of the Council of 5 April 2011 on
preventing and combating trafficking in human beings and protecting its victims and
replacing Council Framework Decision 2002/629/JHA.
NOTE #1: In respect of each of the exclusion grounds detailed under points (i) to (vi) above, an economic
operator may provide evidence to the effect that it has undertaken sufficient measures to demonstrate its
reliability, despite the existence of the ground for exclusion. Where, in the opinion of the Contracting Authority,
such evidence is sufficient, the economic operator shall not be excluded from the competition. Appropriate
evidence is detailed in Regulation 57.14 of the European Union (Award of Public Authority Contracts)
Regulations 2016.
NOTE #2: In the event that a conviction listed under points (i) to (vi) above occurred more than five years prior to
the date of advertisement of this competition, the relevant ground for exclusion shall not apply.
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An economic operator will be excluded from this competition if the economic operator is in
breach of its obligations relating to the payment of taxes or social security contributions
and said breach has been established by a judicial or administrative decision having final
and binding effect in accordance with the law of the country in which the operator is
established or the Member State of the Contracting Authority.
NOTE #1: This provision will not apply when the economic operator has fulfilled its
obligations by paying, or entering into a binding arrangement with a view to paying, the
taxes or social security contributions due, including, where applicable, any interest accrued
or fines. 57.3(a),
(vii)
57.3(b)
NOTE #2: At the discretion of the Contracting Authority, this provision may not apply when
only minor amounts of taxes or social security contributions are in question or when the
economic operator did not have time, between being made aware of the breach of
obligations and the commencement of this competition, to pay, or to enter into an
arrangement to pay, the amounts in question.
NOTE #3: In the event that the breach of obligations referred to above occurred more than
five years prior to the date of advertisement of this competition, this ground for exclusion
shall not apply.
An economic operator will be excluded from this competition if the economic operator, in
performance of a public contract, has not complied with all applicable obligations in the
fields of environmental, social and labour law that apply at the place where the works are
(viii) 57.8(a)
carried out or the services provided and that have been established by European Union
law, national law, collective agreements or by international, environmental, social and
labour law.
An economic operator will be excluded from this competition if the economic operator is
bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are
being administered by a liquidator or by the court, where it is in an arrangement with
creditors, where its business activities are suspended or it is in any analogous situation
arising from a similar procedure under the law of the State.
(ix) 57.8(b)
NOTE: The Contracting Authority may, at its discretion, decide not to exclude an economic
operator on this ground for exclusion if it is possible for the Contracting Authority to
establish that the economic operator would be able to perform the contract, taking into
account national rules, measures and laws relating to the continuation of business.
An economic operator will be excluded from this competition where the Contracting
(x) Authority can demonstrate, by appropriate means, that the economic operator is guilty of 57.8(c)
grave professional misconduct, which renders its integrity questionable.
An economic operator will be excluded from this competition where the Contracting
Authority has sufficiently plausible indications to conclude that the economic operator has
(xi) 57.8(d)
entered into arrangements with other economic operators aimed at distorting
competition.
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An economic operator will be excluded from this competition where a conflict of interest,
(xii) as defined by Regulation 34 of the European Union (Award of Public Authority Contracts) 57.8(e)
Regulations 2016, cannot be effectively remedied by other, less intrusive, measures.
An economic operator will be excluded from this competition where a distortion of

(xiii) competition from the prior involvement of the economic operator in the preparation of the 57.8(f)
procurement procedure cannot be remedied by other, less intrusive, measures.
An economic operator will be excluded from this competition where the economic
operator has shown significant or persistent deficiencies in the performance of a
(xiv) substantive requirement under a prior public contract, a prior contract with a contracting 57.8(g)
entity or a prior concession contract, which led to early termination of that prior contract,
damages or other comparable sanctions.
operator has been guilty of serious misrepresentation in supplying the information
required for the verification of the absence of grounds for exclusion or the fulfilment of the
(xv) 57.8(h)
selection criteria, has withheld such information or is not able to submit supporting
documents required under Regulation 59 of the European Union (Award of Public
Authority Contracts) Regulations 2016
operator has undertaken to unduly influence the decision-making process of the
Contracting Authority, or obtain confidential information that may confer upon it undue
(xvi) 57.8(i)
advantages in the procurement procedure or where the economic operator has negligently
provided misleading information that may have a material influence on decisions
concerning exclusion, selection or award.
NOTE #1: In respect of each of the grounds for exclusion detailed under points (viii) to (xvi) above, an economic
operator may provide evidence to the effect that it has undertaken sufficient measures to demonstrate its
reliability, despite the existence of the ground for exclusion. Where, in the opinion of the Contracting Authority,
such evidence is sufficient, the economic operator shall not be excluded from the competition. Appropriate
evidence is detailed in Regulation 57.14 of the European Union (Award of Public Authority Contracts)
Regulations 2016.
NOTE #2: In respect of each of the exclusion grounds detailed under points (viii) to (xvi) above, in the event that
the situation referred to occurred more than three years prior to the date of advertisement of this competition,
the relevant ground for exclusion will not apply.
18
5. ELIGIBILITY CRITERIA
5.1 Eligibility Criteria and Associated Rules
The Contracting Authority is using the open procedure for the establishment of this framework
agreement. While any interested party may submit a tender, only those tenderers meeting the
stated levels of financial and technical capacity will be considered for appointment to this
framework agreement.
In order to enable the Contracting Authority to ascertain tenderers’ financial and technical
capacity, all tenderers must complete the ESPD contained in Appendix 2 of this document. In
particular, Part IV of the ESPD constitutes a ‘self declaration’ to the effect that the tenderer complies
with each of the eligibility criteria and rules detailed hereunder. Once the ESPD has been completed,
no additional response to these eligibility criteria is required.
For the avoidance of doubt, the Contracting Authority reserves the right to request any tenderer to
provide all supporting documentation necessary to demonstrate compliance with all eligibility
criteria detailed hereunder. Such a request may be made at any point during the competitive
process. In particular, before reaching an award decision, the Contracting Authority may require
the successful tenderer to provide all supporting documentation necessary to demonstrate
compliance with all eligibility criteria detailed hereunder. In the event that the supporting
documentation demonstrates that any eligibility criterion is not complied with, the tenderer will be
eliminated from this competition.
(Criteria detailed overleaf)
19
(a) INSURANCES
REQUIREMENT
It is a requirement that tenderers either possess the following forms and levels of insurance, or are
in a position to implement the following forms and levels of insurance if successful in the
competition:
(a) Employer’s Liability- €13m

(b) Public Liability - €6.5m
(c) Product Liability - €6.5m
ESPD REFERENCE AND MEANS OF PROOF
By completing the ESPD contained in Appendix 2, tenderers are confirming that they either possess
the forms and levels of insurance indicated or, alternatively, that they are in a position to obtain
the forms and levels of insurance indicated if successful in this competition. Should the Contracting
Authority elect to seek supporting evidence from tenderers confirming the assertions made in the
ESPD in respect of this eligibility criterion, the following means of proof will be acceptable to the
Contracting Authority to confirm that this criterion is complied with:
(a) Evidence of the possession of the required forms and levels of insurance (i.e., certificates of
insurance provided by brokers or underwriters);
(b) A signed letter from the tenderer’s insurance broker to the effect that the required forms
and levels of insurance can be implemented should the tenderer prove successful in this
competition.
ELIMINATION
Should a tenderer fail to provide appropriate supporting evidence within five working days of a
request to do so, the tenderer in question will be eliminated from further consideration.
20
(b) FINANCIAL CAPACITY
REQUIREMENT
It is a requirement that tenderers have attained a turnover of at least €250,000 in any one of the
three previous financial years.
By completing the ESPD contained in Appendix 2, tenderers are confirming that they have attained
a turnover of at least €250,000 in any one of the three previous financial years. Should the
Contracting Authority elect to seek supporting evidence from tenderers confirming the assertions
made in the ESPD in respect of this eligibility criterion, the following means of proof will be
acceptable to the Contracting Authority to confirm that this criterion is complied with:
(a) Financial statements or extracts from financial statements;
(b) An objectively verifiable statement of the tenderer’s overall turnover (e.g, an auditor’s
statement).
ELIMINATION
Should a tenderer fail to provide appropriate supporting evidence and means of proof within five
working days of a request to do so, the tenderer in question will be eliminated from further
consideration.
21
(c) TAX CLEARANCE
REQUIREMENT
It is a requirement that tenderers either possess a Tax Clearance Certificate issued by the Irish
Revenue Commissioners, or will possess such certification prior to the establishment of this
framework agreement. For the avoidance of doubt, it is emphasised that the Contracting Authority
is precluded from processing invoices submitted by economic operators not in possession of an
Irish Tax Clearance Certificate.
By completing the ESPD contained in Appendix 2, tenderers are confirming that they either possess
a Tax Clearance Certificate issued by the Irish Revenue Commissioners or have applied for such a
certificate. Should the Contracting Authority elect to seek supporting evidence from tenderers
confirming the assertions made in the ESPD in respect of this eligibility criterion, the following
means of proof will be acceptable to the Contracting Authority to confirm that this criterion is
complied with:
(a) A reference to electronic evidence of tax clearance status issued by the Irish Revenue
Commissioners (i.e., a screenshot, a hyperlink or any other appropriate material);
(b) Copies of correspondence between the tenderer and the Irish Revenue Commissioners.
ELIMINATION
consideration.
22
(d) HEALTH AND SAFETY COMPETENCY TO ACT AS CONTRACTOR
REQUIREMENT
It is a requirement that tenderers possess the competency to act as Contractors under the Safety,
Health & Welfare at Work Act, 2005. In this regard, it is a requirement that the following conditions
apply in full to all tenderers:
(a) Health and safety management within the tenderer’s organisation must be the responsibility of
a specific, named and suitably qualified individual;
(b) Each member of staff of the tenderer’s organisation must be aware of his/her responsibilities
under the Safety, Health and Welfare at Work Act 2005 and the Safety Health & Welfare at
Work (Construction) Regulations 2006. In particular, the tenderer must be familiar with the
general duties of Contractors as outlined in Part 3 Regulations 24-29 of the Safety Health &
Welfare at Work (Construction) Regulations 2006 and also with the specific duties enumerated
in Parts 4-14, Regulations 30-105 of those Regulations and Schedules 1-6 of those Regulations.
(c) The tendering organisation is aware as a Contractor of its obligations under Section 17 (3) of
the Safety Health & Welfare at Work Act 2005 to ensure so far as is reasonably practicable that
the projects required under this framework agreement will ‘be constructed to be safe and
without risk to health and [will] comply in all respects, as appropriate, with the relevant
statutory provisions’.
(d) Each member of staff of the tenderer’s organisation must have received and read, and must be
in a position to apply, the Safety, Health and Welfare at Work (General Application) Regulations
2007 and the Guide to the Safety, Health and Welfare at Work (General Application)
Regulations 2007.
(e) The tendering organisation must be competent and adequately resourced to fulfil its
obligations under the Safety, Health and Welfare at Work Act 2005.
By completing the ESPD contained in Appendix 2, tenderers are confirming that each of the conditions
detailed under points (a) to (e) above applies in full to the tendering organisation. Should the
Contracting Authority elect to seek supporting evidence from tenderers confirming the assertions made
in the ESPD in respect of this eligibility criterion, the following means of proof will be acceptable to the
Contracting Authority to confirm that this criterion is complied with:
(a) The provision of training records or other documentary evidence demonstrating that each of
the conditions detailed under points (a) to (e) above applies to the tendering organisation.
ELIMINATION
consideration.
23
(e) HEALTH AND SAFETY STATEMENT
REQUIREMENT
It is a requirement that tenderers possess an up-to-date and compliant health and safety statement that
takes full account of the provisions of Section 20 of the Safety, Health and Welfare at Work Act, 2005. In
order to be considered a compliant health and safety statement, at a minimum, the document must
detail the following:
(a) How the safety and health of all employees will be secured and managed;
(b) Hazards identified and risks assessed;
(c) How the employer will manage his or her safety and health responsibilities, including a
commitment to comply with legal obligations, the protective and preventive measures taken,
the resources provided for safety and health at the workplace and the arrangements used to
fulfil these responsibilities;
(d) The plans and procedures to be used in the event of an emergency or serious danger;
(e) The duties of employees, including the co-operation required from them on safety and health
matters;
(f) The names and job titles of people appointed to be responsible for safety and health or for
performing the tasks set out in the statement;
(g) The arrangements made for appointing safety representatives, and for consulting with
employees on safety and health matters, including the names of the safety representatives and
the members of the safety committee, if appointed;
(h) A suitable review mechanism.
By completing the ESPD contained in Appendix 2, tenderers are confirming that they possess a
compliant health and safety statement that adequately details all matters listed under points (a) to (h)
above. Should the Contracting Authority elect to seek supporting evidence from tenderers confirming
the assertions made in the ESPD in respect of this eligibility criterion, the following means of proof will
be acceptable to the Contracting Authority to confirm that this criterion is complied with:
(a) A copy of the tendering organisation’s current health and safety statement.
ELIMINATION
consideration.
24
6. AWARD CRITERIA
NOTE: FULL NARRATIVE RESPONSES MUST BE PROVIDED TO EACH QUALITATIVE CRITERION LISTED
IN THIS SECTION OF THE INVITATION TO TENDER DOCUMENT (I.E., CRITERIA B TO D). IN THE EVENT
THAT A NARRATIVE RESPONSE IS NOT PROVIDED TO ANY CRITERION, THE TENDER SUBMISSION IN
QUESTION SHALL BE ELIMINATED FROM CONSIDERATION.
6.1 Award Criteria and Weightings
This framework agreement will be established with the tenderer submitting the most economically
advantageous tender, identified following application of the award criteria and weightings detailed
hereunder. It is emphasised that the Contracting Authority is not bound to accept the most
economically advantageous tender or any tender received, and reserves the right to accept or reject
in whole or in part any or all tenders received.
6.1 – AWARD CRITERIA AND WEIGHTINGS

MAXIMUM MINIMUM
CRITERION % SCORE SCORE
ACHIEVABLE REQUIRED
A Ultimate Cost 60 6,000 N/A
B Technical Merit of Proposed Resources 25 2,500 1,500
C Proposed Methodology for Service Delivery 10 1,000 600
D Reliability and Continuity of Service 5 500 300
TOTALS 100% 10,000 N/A
6.2 Award Criteria Explained
(a) ULTIMATE COST (60%)
Tenderers are required to complete the Form of Tender contained in Appendix 1 of this Invitation
to Tender document (see separate Excel document). This Form of Tender must be submitted with
tender submissions. The Form of Tender details the manner in which a single cost figure shall be
formulated for the purposes of calculating scores under Criterion A (Ultimate Cost). Scores will be
apportioned to Ultimate Cost figures in accordance with the following formula:
Points awarded = (the maximum score achievable) multiplied by (the notional ultimate cost of the
lowest-cost valid tender) divided by (the notional ultimate cost of the valid tender in question).
*NOTE: In this instance, the phrase ‘valid tender’ refers to a submission not eliminated by virtue of
a failure to attain the minimum required score associated with an award criterion.
25
(b) TECHNICAL MERIT OF PROPOSED RESOURCES (25%)
In accordance with Section 2.2 of this Invitation to Tender document, tenderers are required to
nominate at least two electricians for service delivery. Comprehensive curricula vitae must be
provided for the nominated individuals. In order to attain the minimum required score associated
with this criterion, the submitted curricula vitae must contain the following:
 Demonstrable evidence that the individuals in question are fully qualified electricians who are
members of an appropriate registration body (i.e., RECI, or equivalent);
 Demonstrable evidence that the individuals in question are fully trained in safe and effective
energised testing practices;
 Demonstrable evidence that the individuals in question have undergone appropriate health
and safety training;
 Comprehensive descriptions of at least two relevant previous contracts that the individuals in
question have delivered, to include a description of the precise services provided in each case
(in this regard, in order to be considered ‘relevant,’ each contract must be similar to the
services required in this instance in terms of nature and scale).
For the avoidance of doubt, a failure to respond to any of the foregoing points, either at all or in
sufficient detail, shall result in a failure to attain the minimum required score associated with this
criterion and the consequent elimination of the tender submission in question from further
consideration. Scores in excess of the minimum required score shall be apportioned by reference to
the overall relative merit of resources proposed, taking into account their skills, experience and
expertise.
(c) PROPOSED METHODOLOGY FOR SERVICE DELIVERY (10%)
By reference to Section 2.3 of this Invitation to Tender document, tenderers are required to outline
their proposed methodologies for service delivery. In order to attain the minimum required score
associated with this criterion, responses must address at least the following elements:
 A description of the precise Arc Flash Personal Protective Equipment (PPE) that will be used by
the electricians responsible for service delivery (see Section 2.3.1);
 Explicit confirmation of the manner in which ultrasonic testing and analysis will be performed
(see Section 2.3.3);
 Explicit confirmation of the manner in which infrared testing and analysis will be performed
(see Section 2.3.4);
 Screenshots or other visual samples of the required online reporting functionality (see Section
2.3.7).
26
For the avoidance of doubt, a failure to respond to any of the foregoing points, either at all or in
sufficient detail, shall result in a failure to attain the minimum required score associated with this
criterion and the consequent elimination of the tender submission in question from further
consideration. Scores in excess of the minimum required score shall be apportioned by reference to
the overall relative merit of resources proposed.
(d) RELIABILITY AND CONTINUITY OF SUPPLY
The Contracting Authority reserves the right to contact previous clients of the tenderer,
independently and without further reference to the tenderer, in order to ascertain that full
confidence may be placed in the tenderer’s ability to successfully deliver the required products /
services in a sufficiently reliable manner.
6.3 Assessment of Qualitative Responses
As a general condition of evaluation, the Contracting Authority will utilise the evaluation process in
order to determine whether each tender submission is substantially responsive to the requirements
of this Invitation to Tender document. If a material deviation exists that limits in any substantial way
the Contracting Authority’s rights or the tenderer’s obligations under the contract to be awarded,
the tender submission may, depending upon the severity of the deviation in question, be rejected.
The evaluation team shall rely upon the following scoring bands for the purposes of apportioning
scores under the qualitative award criteria:
0% of marks available No response

ELIMINATED
20% of marks available Poor
40% of marks available Mediocre
60% of marks available Acceptable

ELIGIBLE
70% of marks available Good
80% of marks available Very Good
90% of marks available Excellent
100% of marks available Outstanding
6.4 Minimum Qualitative Score Required
Tenderers should note that they must achieve a minimum rating of ‘acceptable,’ or 60% of the total
marks available, for all qualitative award criteria in order to avoid elimination from the competition.
For the avoidance of doubt, a failure to attain any minimum required score will result in the
elimination of the tender submission in question from further consideration. Should a tender
27
submission fail to attain a minimum required score, tenderer’s attention is drawn to the fact that the
following provisions shall apply:
6.4.1 The tender submission in question shall not be subject to a comparative assessment
against other tender submissions.
6.4.2 The financial proposal contained in the tender submission in question shall not be subject
to evaluation under Award Criterion A (Ultimate Cost).
6.4.3 The tenderer in question will be notified of the reasons for the failure to attain the
minimum required score. Additionally, the tenderer in question shall be informed of the
name of the successful tenderer.
6.4.4 On the basis that no comparative assessment will have taken place (see Section 6.4.1) and
the financial proposal of the tenderer in question will not have been assessed (see Section
6.4.2), the characteristics and relative advantages of the successful Tenderer under any
qualitative or financial criterion will not be provided, by virtue of the fact that the
Contracting Authority will not have access to such information.
6.5 Verification/Clarification Meetings
Meetings for the purpose of verification/clarification may be carried out with appropriate tenderers
as an element of the evaluation process in order to identify the most economically advantageous
tenders. Such meetings may be required in order to verify the scores achieved by tenderers in
respect of their written tenders. For the avoidance of doubt, tenderers should note that mere
performance at interview will not of itself be evaluated. In the event that such meetings are
required, information regarding location and times will be communicated to the chosen tenderers.
In order to ensure the optimum effectiveness of such meetings, it is strongly recommended that
key personnel of the tenderer’s organisation should attend.
6.6 Acceptance of Assessment Methodology
By submitting a tender, each tenderer acknowledges that the evaluation of tender submissions will
be conducted in accordance with the procedures laid down in this Invitation to Tender document.
Any queries, reservations or observations should properly be raised by tenderers via the
communications protocol contained in Section 3 of this document prior to the submission of a
tender.
28
APPENDIX 1 – FORM OF TENDER
This Form of Tender must be completed, signed and returned by tenderers. Any amendment to the
structure of this document, or any qualification of financial offers, may, at the sole discretion of the
Contracting Authority, result in the elimination of the tender in question. The purpose of this
document is to enable the evaluation of financial proposals on a like-for-like basis; any action,
inclusion or omission that frustrates this intention may, depending upon its materiality, result in the
elimination of the tender submission in question as inadmissible.
Contracting Authority: Beaumont Hospital
Competition: Single-Party Framework Agreement for the Provision of Electrical

Inspection Services
From: __________________________
I/We, having read the full Tender Documents and associated Appendices, do hereby offer to provide
the whole of the services described all to the entire satisfaction of the Contracting Authority for the
following prices, and enter into a framework agreement accordingly:
WORK ELEMENT FIXED PRICES
Inspection of 96 assets in 27 locations in St. Joseph’s Hospital, Raheny Insert €, exc. VAT
Inspection of 561 assets in 47 locations in Beaumont Hospital Insert €, exc. VAT
Inspection of 10 assets in 2 locations in Omni Clinic, Santry Insert €, exc. VAT
ULTIMATE COST Insert €, exc. VAT
All prices tendered shall be deemed to include for all travel costs and administrative expenses of
every description and the delivery of all services specified in this Invitation to Tender document,
including the carrying-out of minor repairs during inspections and the provision of routine wear-and-
tear parts. The prices shall be held as fixed for the duration of the initial contract, after which point
they shall be adjusted in accordance with inflation, as measured by the Irish Consumer Price Index.
I/We confirm that I/we:
 Will keep this offer open for acceptance by the Contracting Authority for a period of twelve
months from the date of deadline for submission of tenders;
 Agree that you are not bound to accept the most economically advantageous tender or any
tender you may receive;
 Have read and thoroughly examined the Invitation to Tender document;
 Fully understand the Invitation to Tender document and the Contracting Authority’s
requirements;
29
 Undertake to treat the details of this Invitation to Tender document, the resulting tender
submission and any subsequent clarifications as private and confidential;
 Acknowledge that acceptance by the Contracting Authority of a tender will not constitute a
binding and enforceable agreement and that a legally enforceable agreement will not exist
until and unless the framework agreement has been formally established by the Contracting
Authority.
 Have availed of all offers for additional information or have otherwise satisfied
myself/ourselves as to conditions that may in any manner affect the performance of the
framework agreement;
 Have included everything necessary for the performance of this framework agreement,
including all elements that are either expressly stated in the Invitation to Tender document or
contained in any supplementary information or which could reasonably be inferred therefrom;
 Have found no errors, omissions, conflicts or ambiguities in the tender document, except
those which I/we have brought to the attention of the Contracting Authority before the latest
date for submitting queries;
 Have included for compliance with all statutory requirements applicable in Ireland and those
applicable in any country where parts of the framework agreement may be performed that
are in force seven days prior to the deadline for receipt of tenders;
 Will not, if awarded membership of this framework agreement, employ labour in a manner
that is discriminatory in relation to gender, race, religious beliefs, age, etc.;
 Will not, if awarded membership of this framework agreement, source any goods or services
in countries subject to official international trading sanctions.
SIGNATURE (Insert) Date (Insert)

Name (Insert) Position (Insert)
Telephone (Insert) Email (Insert)
A Tenderer’s failure to sign and date this Form of Tender and to complete all sections will
invalidate the tender submission.
30
APPENDIX 2 – EUROPEAN SINGLE PROCUREMENT DOCUMENT (ESPD)
a) This document must be completed and returned by tenderers. The completed version of this
document will constitute a ‘self-declaration’ that the grounds for exclusion detailed in Section
4 of the Invitation to Tender document do not apply to the tenderer and that the tenderer is in
a position to comply with each of the eligibility criteria detailed in Section 5 of the Invitation to
Tender document.
b) Failure to complete all sections of this document will result in the tenderer’s elimination from
this competition. Moreover, failure to provide sufficient detail in respect of any field may, at
the discretion of the Contracting Authority, result in the elimination of the tenderer in
question.
c) Any misrepresentation in respect of the completed document will result in the tenderer’s
elimination from this and future procurement competitions.
d) Tenderers may reuse a European Single Procurement Document previously submitted in

respect of another competition. Alternatively, in the event that a tenderer has previously
completed an electronic version of this document, the tenderer may provide the Contracting
Authority with electronic access to the relevant document. In both instances, it is imperative
that the completed version of the European Single Procurement Document contains all of the
information sought by this document.
e) For the avoidance of doubt, the Contracting Authority reserves the right to request any
tenderer to provide all supporting documentation necessary to demonstrate the inapplicability
of any ground for exclusion detailed in Section 4 of the Invitation to Tender document.
Additionally, the Contracting Authority reserves the right to request any tenderer to provide all
supporting documentation necessary to demonstrate compliance with the eligibility criteria
detailed in Section 5 of the Invitation to Tender document. Such requests may be made at any
point during the competitive process. In particular, before reaching an award decision, the
Contracting Authority may require the successful tenderer to provide all supporting
documentation necessary to confirm the assertions made hereunder.
f) If a tenderer fails to provide supporting documentation necessary to confirm the assertions

made hereunder within five working days of a request to do so from the Contracting Authority,
the tenderer in question will be eliminated from the competition.
31
PART I – INFORMATION CONCERNING THE PROCUREMENT PROCEDURE AND THE CONTRACTING AUTHORITY
IDENTITY OF THE PROCURER: ANSWER:
Name: Beaumont Hospital
Single-Party Framework Agreement for the Provision of

Which procurement is concerned?
Electrical Inspection Services
Single-Party Framework Agreement for the Provision of

Title or short description of the procurement:
Electrical Inspection Services
File reference number attributed: 2901
32
PART II – INFORMATION CONCERNING THE ECONOMIC OPERATOR
A: INFORMATION ABOUT THE ECONOMIC OPERATOR
IDENTIFICATION: ANSWER:
Name: Insert
VAT-number, if applicable:
Insert
(If no VAT-number is applicable, please indicate another
national identification number, if required and applicable)
Postal Address: Insert
Contact Person or Persons: Insert
Telephone: Insert
E-mail: Insert
Internet address, if applicable: Insert
GENERAL INFORMATION: ANSWER:
Yes  No 
Is the economic operator a Micro, a Small or a Medium-
Sized Enterprise?
Define which: Insert
Only in the case the procurement is reserved, is the

economic operator a sheltered workshop, a ‘social
business,’ or will it provide for the performance of the NOT APPLICABLE
contract in the context of sheltered employment
programmes?
If yes, what is the corresponding percentage of disabled or

disadvantaged workers?
NOT APPLICABLE
If required, please specify which category or categories of
disabled or disadvantaged workers the employees
concerned belong to.
If applicable, is the economic operator registered on an

official list of approved economic operators or does it have
Yes  No  Not Applicable 
an equivalent certificate (e.g., under a national
[pre]qualification system)?
If you have answered ‘yes’ to the above question, answer the remaining parts of this Section, Section B and, where
relevant, Section C of Part II. Then complete and sign Part VI. (i.e., if you have answered ‘yes’ to the above question, there is
no need to complete Parts III and IV of this Appendix).
Please provide the name of the list or certification and the

Insert
relevant registration or certificate number, if applicable:
If the certificate of registration or certification is available Insert web address, issuing authority or body, precise
electronically, please state: reference of the documentation.
Please state the references on which the registration or

certification is based and, where applicable, the Insert
classification obtained in the official list:
33
Does the registration or certification cover all of the
required selection criteria?
Yes  No 
(If ‘no,’ please complete and sign Appendix IV of this
document.)
Will the economic operator be able to provide a certificate

Yes  No 
with regard to the payment of social security contributions
and taxes or provide information enabling the Contracting
(If the relevant documentation is available electronically,
Authority or Contracting Entity to obtain it directly by
please insert the web address, the issuing authority or body
accessing a national database in any Member State that is
and the precise reference of the documentation).
available free of charge?
FORM OF PARTICIPATION ANSWER:
Is the economic operator participating in the procurement

Yes  No 
procedure together with others?
If you have answered ‘yes’ to the above question, please ensure that the others concerned provide a separate ESPD
document and please answer the questions below:
If ‘yes,’ please indicate the role of the economic operator in

Insert
the group (e.g., leader, responsible for specific tasks, etc.):
If ‘yes,’ please identify the other economic operators

Insert
participating in the procurement procedure together:
Where applicable, please insert the name of the

Insert
participating group:
LOTS: ANSWER:
Where applicable, please indicate the lot(s) for which the

NOT APPLICABLE
economic operator wishes to tender:
B: INFORMATION ABOUT REPRESENTATIVES OF THE ECONOMIC OPERATOR
Where applicable, please indicate the name(s) and address(es) of the person(s) empowered to represent the economic
operator for the purposes of this procurement procedure:
REPRESENTATION, IF ANY: ANSWER:
Full Name:
Insert
(Accompanied by the date and place of birth, if required)
Position / Acting in the capacity of: Insert
Postal Address: Insert
Telephone: Insert
E-mail: Insert
If necessary, please provide detailed information regarding

Insert
the representation (e.g., its form, extent, purpose, etc).
34
C: INFORMATION ABOUT RELIANCE ON THE CAPACITIES OF OTHER ENTITIES
RELIANCE: ANSWER:
Does the economic operator rely on the capacities of other

entities in order to meet the eligibility criteria for this
Yes  No 
competition as set out in Section 5 of the associated
Invitation to Tender document?
If ‘yes,’ please provide a separate ESPD form setting out the information required under Sections A and B of this Part and
Part III of this Appendix for each of the entities concerned, duly completed and signed by the entities concerned. Please
note that this should also include any technicians or technical bodies, not belonging directly to the economic operator’s
undertaking, especially those responsible for quality control and, in the case of public works contracts, the technicians or
technical bodies upon whom the economic operator can call in order to carry out the work.
Insofar as it is relevant for the specific capacity or capacities on which the economic operator relies, it may also be
necessary for some or all of the entities concerned to complete Part IV of this Appendix.
D: INFORMATION CONCERNING SUBSUCCESSFUL TENDERERS ON WHOSE CAPACITY THE ECONOMIC OPERATOR DOES NOT
RELY
SUBCONTRACTING ANSWER:
Yes  No 
Does the economic operator intend to subcontract any
share of the contract to third parties? If ‘yes,’ and so far as is known, please list the proposed
subcontractors.
If ‘yes,’ please provide the information required under Sections A and B of this part for each of the subcontractors
concerned.
35
PART III – EXCLUSION GROUNDS
A: GROUNDS RELATING TO CRIMINAL CONVICTIONS
Article 57.1 of Directive 2014/24/EU sets out the following reasons for exclusion:
1. Participation in a criminal organisation;

2. Corruption;
3. Fraud;
4. Terrorist offences or offences linked to terrorist activities;
5. Money laundering or terrorist financing;
6. Child labour and other forms of trafficking in human beings.
GROUNDS: ANSWER:
Has the economic operator itself or any person who is a

member of its administrative, management or supervisory Yes  No 
body or has powers of representation, decision or control
therein been the subject of a conviction for one of the If the relevant documentation is available electronically,
reasons listed above, by a conviction rendered at the most please insert the web address, the issuing authority or body
five years ago or in which an exclusion period set out and the precise reference of the documentation.
directly in the conviction continues to be applicable?
If ‘yes,’ please provide the following information:
Date of conviction, which of the grounds for conviction

(points 1 to 6 above) is concerned and the reason(s) for the Insert dates, points and reasons.
conviction:
Identify who has been convicted: Insert
Insert the length of the period of exclusion and the point(s)

concerned.
Insofar as is established directly in the conviction:
If the relevant documentation is available electronically,
please insert the web address, the issuing authority or body
and the precise reference of the documentation.
In cases of convictions, has the economic operator taken Yes  No 

measures to demonstrate its reliability despite the
existence of a relevant ground for exclusion (as per Article If ‘yes’ please insert a comprehensive description of the
57.6 of Directive 2014/24/EU)? measures taken.
B: GROUNDS RELATING TO THE PAYMENT OF TAXES OR SOCIAL SECURITY CONTRIBUTIONS
PAYMENT OF TAXES / SOCIAL SECURITY: ANSWER:
Has the economic operator met all of its obligations

relating to the payment of taxes or social security
contributions, both in the country in which it is established Yes  No 
and in the Member State of the Contracting Authority if
other than the country of establishment?
If the relevant documentation concerning payment of taxes

Please insert the web address, the issuing authority or body
or social contributions is available electronically, please
indicate:
36
If the economic operator has not met all of its obligations relating to the payment of taxes or social security contributions,
please provide the following information:
Taxes Social Contributions

Country or member state concerned:
Insert Insert
What is the amount concerned? Insert Insert
How has this breach of obligations been established? Insert Insert
If through a judicial or administrative decision, is this

Yes  No  Yes  No 
decision final and binding?
If through a judicial or administrative decision, please

Insert Insert
indicate the date of conviction or decision:
If through a judicial or administrative decision, and in the

case of a conviction, please provide the length of the Insert Insert
period of exclusion:
If this breach of obligations has been established by other

Insert Insert
means, please indicate the other means in question:
Has the economic operator fulfilled its obligations by

paying or entering into a binding arrangement with a view
Yes  No  Yes  No 
to paying the taxes or social security contributions due,
including, where applicable, any interest or accrued fines?
If the relevant documentation concerning payment of taxes

Please insert the web address, the issuing authority or body
or social contributions is available electronically, please
indicate:
C: GROUNDS RELATING TO INSOLVENCY, CONFLICTS OF INTEREST OR PROFESSIONAL MISCONDUCT
GROUNDS: ANSWER:
Has the economic operator, to its knowledge, breached its
obligations in the fields of environmental, social and labour Yes  No 
law?
If the economic operator has breached its obligations in the

Yes  No 
fields of environmental, social and labour law, has the
economic operator taken measures to demonstrate its
If ‘yes’ please insert a comprehensive description of the
reliability despite the existence of a relevant ground for
measures taken.
exclusion (as per Article 57.6 of Directive 2014/24/EU)?
Is the economic operator in any of the following situations:
 Bankrupt;
 The subject of insolvency or winding-up proceedings;
 In an arrangement with creditors;

Yes  No 
 In any analogous situation arising from a similar
procedure under national laws and regulations;
 That its assets are being administered by a liquidator or

the court;
37
 That its business activities are suspended?
If the economic operator is in any of the situations

mentioned in the immediately preceding question, please Insert
provide comprehensive details of the situation:
Please provide the reasons for nevertheless being able to

perform the contract or framework agreement, taking into
account the applicable national rules and measures on the Insert
continuation of business in those circumstances, as per
Article 57.4 of Directive 2014/24/EU.
If the relevant documentation is available electronically, Please insert the web address, the issuing authority or body
please indicate: and the precise reference of the documentation.
Yes  No 
Is the economic operator guilty of grave professional
misconduct? If ‘yes’ please insert a comprehensive description of the
matter.
If the economic operator is guilty of grave professional

Yes  No 
misconduct, has the economic operator taken measures to
demonstrate its reliability despite the existence of a
relevant ground for exclusion (as per Article 57.6 of
measures taken.
Directive 2014/24/EU)?
Yes  No 
Has the economic operator entered into arrangements with
other economic operators aimed at distorting competition? If ‘yes’ please insert a comprehensive description of the
arrangements in question.
If the economic operator has entered into arrangements

with other economic operators aimed at distorting Yes  No 
competition, has the economic operator taken measures to
demonstrate its reliability despite the existence of a If ‘yes’ please insert a comprehensive description of the
relevant ground for exclusion (as per Article 57.6 of measures taken.
Directive 2014/24/EU)?
Yes  No 
Is the economic operator aware of any conflict of interest
due to its participation in the procurement procedure? If ‘yes’ please provide a comprehensive description of the
conflict(s) in question.
38
Yes  No 
Has the economic operator or an undertaking related to it
advised the Contracting Authority or otherwise been
If ‘yes’ please provide a comprehensive description of the
involved in the preparation of the procurement procedure?
matter.
Has the economic operator experienced that a prior public

Yes  No 
contract, framework agreement or concession contract was
terminated early, or that damages or other comparable
sanctions were imposed in connection with a prior
matter.
contract?
If the economic operator experienced that a prior public

contract, framework agreement or concession contract was
Yes  No 
terminated early, or that damages or other comparable
sanctions were imposed in connection with a prior contract,
has the economic operator taken measures to demonstrate
measures taken.
its reliability despite the existence of a relevant ground for
exclusion (as per Article 57.6 of Directive 2014/24/EU)?
Can the economic operator confirm the following:
 That it has not been guilty of serious misrepresentation

in supplying the information required for the
verification of the absence of grounds for exclusion or
the fulfilment of the selection criteria?
 That it has not withheld such information?
 That it has been able, without delay, to submit the

supporting documents required by a contracting Yes  No 
authority or contracting entity?
 That it has not undertaken to unduly influence the

decision making process of a contracting authority or
contracting entity, to obtain confidential information
that may confer upon it undue advantages in a
procurement procedure or to negligently provide
misleading information that may have a material
influence on decisions concerning exclusion, selection
or award?
39
PART IV – ELIGIBILITY CRITERIA
α: GLOBAL INDICATION FOR ALL SELECTION CRITERIA
Concerning the eligibility criteria, the economic operator

declares that it satisfies the required eligibility criteria for
Yes  No 
this competition as detailed in Section 5 of the Invitation to
Tender document:
40
PART V – REDUCTION OF THE NUMBER OF QUALIFIED CANDIDATES
NOT APPLICABLE
41
PART VI – CONCLUDING STATEMENTS
The undersigned formally declare that the information stated under Parts II – III of this Appendix is accurate and that it has
been set out in full awareness of the consequences of serious misrepresentation.
The undersigned formally declare to be able, upon request and without delay, to provide the certificates and other forms
of documentary evidence referred to, except where:
(a) The Contracting Authority has the possibility of obtaining the supporting documentation concerned directly by
accessing a national database in any Member State that is available free of charge;
(b) As of 18/10/2018 at the latest, the Contracting Authority already possesses the documentation concerned.
The undersigned formally consent to Beaumont Hospital gaining access to documents supporting all information provided
in this European Single Procurement Document for the purposes of this competition.
Signed (Authorised Signatory): Insert
Block Capitals: Insert
Position: Insert
Company: Insert
Registered Office: Insert
Date: Insert
42
APPENDIX 3 – DRAFT TERMS AND CONDITIONS OF THE FRAMEWORK AGREEMENT
The following terms are provided as an indication of the intended format of the framework
agreement to be signed with the framework operator emerging from this competition. Tenderers are
not requested to sign these terms as part of their tender submission but should review them carefully
and indicate any areas of interest by submitting a written query during the tender period.
SINGLE-PARTY FRAMEWORK AGREEMENT FOR THE PROVISION OF ELECTRICAL INSPECTION

SERVICES
PARTIES
Beaumont Hospital
(Hereinafter referred to as ‘the Contracting Authority’)
[XXXX]
(Hereinafter referred to as ‘the Framework Operator’ or ‘Operator’)
BACKGROUND
The Contracting Authority has conducted a tender competition for the establishment of a single-
party framework agreement for the provision of electrical inspection services.
a. The framework agreement was advertised in the Official Journal of the European Union and
via the Irish Government’s Procurement Opportunities Portal (www.etenders.gov.ie).
b. The open procedure was used and an Invitation to Tender was issued with a deadline date for
tender submissions of 17/04/2023.
c. Following evaluation of the submitted tender against the published award criteria, the
Framework Operator is now appointed as the single operator under this Framework
Agreement.
DEFINITIONS
‘Commencement Date’ means the date upon which this Framework Agreement shall come into
effect, being XX/XX/2023;
‘Contract’ means a contract falling within the advertised scope of this Framework Agreement,
constituting a defined and agreed piece of work to be performed by the Framework Operator, as
may be communicated to the Framework Operator by the Contracting Authority from time-to-time,
either verbally or in writing;
‘Framework Agreement’ means these terms and conditions, including the Schedules hereto;
43
‘Framework Period’ means the period in years set out in Clause 2.1;
‘Initial Contract’ means the Contract awarded automatically upon the Commencement Date of this
Framework Agreement, comprising the delivery of the required services for a period of twelve
months from the Commencement Date;
‘Invitation to Tender’ means the tender document issued by the Contracting Authority on
23/03/2023;
‘Price’ means the amount in Euro chargeable by the Framework Operator in respect of any services
purchased by the Contracting Authority;
‘Request for Supplementary Tender’ means a document issued by the Contracting Authority at any
point during the Framework Period requesting a proposal for the provision of services;
‘Supplementary Tender’ means the written submission of the Framework Operator in response to a
Request for Supplementary Tender;
‘Tender’ means the submission of the Framework Operator in response to the Invitation to Tender
together with any clarifications, additions or amendments accepted by the Contracting Authority.
1. Appointment of Framework Operator
1.1 In consideration of payment by the Contracting Authority of good and valuable

consideration, receipt of which is hereby acknowledged, the Framework Operator accepts its
appointment under the terms and conditions of this Framework Agreement.
1.2 Appointment to this Framework does not entitle the Operator to be consulted in respect of,
or awarded, any Contract during the Framework Period. The Contracting Authority may at its
sole discretion choose not to enter into any Contracts falling within the scope of this
Framework Agreement, or to terminate the Agreement in accordance with Clause 11.
1.3 No commitment is offered by the Contracting Authority, nor should any such commitment
be inferred by the Framework Operator, regarding the volume of service to be procured
under this Agreement.
1.4 While this Framework Agreement will, in general, form the basis for the award of Contracts
falling within the scope set out in Clause 3.1 during the Framework Period, the Contracting
Authority may at its sole discretion decide to carry out a separate Contract award procedure
for Contracts falling within the specified scope. In this event, the Contracting Authority shall
observe all applicable public procurement rules and shall not afford any advantage to the
Framework Operator.
44
2. Period of Framework Agreement
2.1 The Framework Agreement shall take effect on the Commencement Date and will be for a
maximum potential duration of four years.
3. Scope of Framework Agreement and Initial Contract
3.1 This Framework Agreement relates to the provision of electrical inspection services, as
described in the specification of requirements contained in the Invitation to Tender and
appended to this Agreement at Schedule 1.
3.2 The Initial Contract under this Framework Agreement shall comprise the delivery of the
services specified in Schedule 1 of this Agreement for a period of twelve months from the
Commencement Date.
3.3 Once the Initial Contract has expired, any decision to award any additional Contracts shall
taken at the absolute discretion of the Contracting Authority. Matters to be considered in
this regard shall include the performance of the Framework Operator, budgetary
considerations and the continued strategic appropriateness of the Framework Agreement.
For the avoidance of doubt, upon the expiry or termination of the Initial Contract, the
Contracting Authority may, at its sole discretion, elect to cease utilising this Agreement in its
entirety.
4. Award of Contracts
4.1 Contracts under this Framework Agreement may be awarded either on foot of the Invitation
to Tender or on foot of a Request for Supplementary Tender in accordance with the
procedure set out in Clause 5.
5. Procedure for Supplementary Tenders
5.1 In general, it is envisioned that the majority of work required under this framework
agreement will be directly awarded on foot of the Invitation to Tender document. From
time-to-time, however, in accordance with Directive 2014/24/EU, the Contracting Authority
may elect to issue a Request for Supplementary Tender during the Framework Period, in
accordance with the following procedure. It is emphasised that Supplementary Tenders will
be sought solely in respect of work falling within the advertised scope of the framework
agreement.
5.1.1 The Contracting Authority will issue a Request for Supplementary Tender to the
Framework Operator in writing, specifying the conditions that will apply in respect
of the Supplementary Tender.
45
5.1.2 The Contracting Authority shall specify the scope of the Supplementary Tender,
and in particular whether the applicable terms and fees will be determined by
reference to the Tender or, where relevant, the Supplementary Tender.
5.1.3 The Contracting Authority shall fix a deadline for the receipt of the Supplementary
Tender taking into account the complexity of the Contract and the time needed to
prepare an appropriate proposal.
5.1.4 Following evaluation of the Supplementary Tender, the Contracting Authority shall
determine whether it meets its stated requirements and whether a Contract will be
awarded.
5.2 The Contracting Authority shall not be responsible for any costs incurred by the Framework
Operator in the preparation of a Supplementary Tender or any related site visits.
5.3 The Contracting Authority shall not be obliged to award any Contract on foot of a Request
for Supplementary Tender and may terminate the award procedure at any time at its sole
discretion.
6. Conditions for Award of Contracts
6.1 Award of any Contract under the Framework Agreement may be subject to the Framework
Operator facilitating, upon request, the drafting and implementation of a Service Level
Agreement, to include agreed key performance indicators, response times, escalation
procedures and penalties.
7. Pricing
7.1 The maximum prices chargeable in respect of all services procured during the first twelve
months of the Agreement shall be those set out in the Form of Tender submitted as part of
the Tender (Schedule 2 of this Agreement). Upon the expiry of this twelve month period, the
maximum prices chargeable will be adjusted for inflation on each anniversary of the
Commencement Date of the framework. This adjustment shall be in accordance (whether
positive or negative) with the Irish Consumer Price Index.
7.2 The Contracting Authority may seek, or the Framework Operator may offer, lower prices at
any time during the Framework Period. In particular, where a given item, supply or service is
being offered to other purchasers at a lower price, the Contracting Authority may request
adjustment of the Pricing Schedules or Form of Tender to reflect this. The Contracting
Authority may reject any aspect of a Supplementary Tender on the grounds that the Price
offered is not acceptable.
8. Personnel
8.1 The personnel assigned by the Framework Operator to deliver any Contract under this
46
Framework Agreement shall be those identified in its Tender or Supplementary Tender, or
other personnel of equivalent qualifications, skills, professional expertise and experience
expressly approved by the Contracting Authority.
9. Obligations of Framework Operator
9.1 The Framework Operator is required to inform the Contracting Authority of any conflict of
interest of which it becomes aware during the period of the Framework Agreement. Any
registrable interest involving the Framework Operator and the Contracting Authority or
employees of the Contracting Authority or their relatives must be communicated to the
Contracting Authority immediately. The terms ‘registrable interest’ and ‘relative’ shall be
interpreted as per Section 2 and the Second Schedule of the Ethics in Public Office Act, 1995.
9.2 The Framework Operator shall maintain in its possession a valid Tax Clearance Certificate
issued by the Irish Revenue Commissioners throughout the Framework Period and for the
duration of any Contract.
9.3 The Framework Operator shall retain a copy of its signed European Single Procurement
Document, submitted with its Tender Submission. If at any point during the Framework
Period or during the lifetime of a Contract the Operator becomes aware of circumstances
that might affect the validity of any of the statements in its European Single Procurement
Docum,ent, it shall notify the Contracting Authority in writing of such circumstances at the
earliest possible opportunity.
9.4 The Framework Operator shall not give, provide or offer to any staff or agent of the
Contracting Authority a loan, fee, reward, gift, advantage, benefit or other payment during
the Framework Period as an inducement or reward for doing or forbearing to do, or for
having done or forborne to do, any action in relation to the obtaining or execution of this
Agreement or any Contract.
9.5 The Framework Operator shall not assign the benefit of its appointment under this
Framework Agreement, or under any Contract, or any part thereof without the written
permission of the Contracting Authority.
9.6 The Framework Operator shall maintain the forms and levels of insurance specified at
Schedule 3 of this Agreement for the duration of the Agreement.
10. Review Meetings
10.1 The Contracting Authority and the Framework Operator shall liaise on a regular basis to
address any issues arising that may impact on the performance of this framework
agreement and to agree milestones, compliance schedules and operational protocols as
required from time-to-time.
47
11. Termination of Appointment
11.1 Without prejudice to any other rights or remedies to which it may be entitled, the
Contracting Authority shall be entitled to terminate the appointment of the Framework
Operator forthwith and without liability by giving notice at any time if:
11.1.1 The Initial Contract has expired and the Contracting Authority determines that no
additional Contracts are to be awarded;
11.1.2 The Operator commits a material breach of any term or condition of this
Framework Agreement, or a Contract concluded under the Framework Agreement;
11.1.3 the Operator fails to perform any obligation or responsibility under this Agreement
or a Contract concluded under the Framework Agreement either at all or to a
standard that the Contracting Authority, acting reasonably, considers satisfactory
and, if such breach is capable of being remedied, fails to remedy the breach within
fourteen (14) days of notice given by the Contracting Authority requiring the
Operator to do so;
11.1.4 The Operator’s performance of an obligation under a Contract is not in accordance

with the terms of this Framework Agreement, including its Schedules, or any
agreed Service Level Agreement, or fails to meet any standard prescribed by law;
11.1.5 Any person employed by the Operator or acting on its behalf offers or appears to
offer a corrupt gift or inducement in the sense set out in Clause 9.5 above, whether
with or without the knowledge of the Operator;
11.1.6 The Operator convenes a meeting for the purposes of, or proposes to enter into
any arrangement or composition for the benefit of its creditors;
11.1.7 The Operator ceases or threatens to cease to carry on business or takes or suffers
any analogous action under any applicable law;
11.1.8 The Operator is unable to pay its debts within the meaning of Section 214 of the
Companies Act, 1963 (as amended by Section 123 of the Companies Act, 1990) or
any analogous provision of law;
11.1.9 An order is made or an effective resolution is passed for the winding up of the
Operator’s company other than for the purpose of a restructuring the terms of
which have been agreed by the Contracting Authority;
11.1.10 A petition is presented or an order is made or a resolution passed or any analogous

proceedings or action is taken for the appointment of an examiner, administrator,
receiver, trustee or any similar officer over the Operator’s company;
48
11.1.11 An encumbrancer takes possession, or a receiver is appointed, of any of the
property or assets of the Operator;
11.1.12 The Contracting Authority reasonably believes that any of the events mentioned
above is about to occur in relation to the Operator and notifies the Operator;
11.1.13 The Operator has committed any fraudulent act or any criminal activity or is guilty
of gross negligence in the performance of this agreement or the relevant Contract;
11.1.14 Any representation made by the Operator in connection with this Agreement or a
Contract shall in the opinion of the Contracting Authority prove to be untrue or
incorrect in a material respect as of the date when made;
11.1.15 Any event analogous to those contemplated in Clauses 11.1.5 through 11.1.13
occurs to the Operator within the laws of any other jurisdiction.
The Framework Operator shall have no claim for damages or otherwise against the Contracting
Authority as a result of the termination of its appointment in accordance with this Clause.
12. General
12.1 The Framework Operator acknowledges that the Contracting Authority is subject to the
Freedom of Information Acts. Accordingly, information furnished to the Contracting
Authority by the Operator may be released pursuant to the Contracting Authority’s statutory
obligations. If the Operator considers that any of the information supplied by it to the
Contracting Authority under this Framework Agreement or any Contract should not be
disclosed because of its sensitivity, the Operator must, when providing the information,
indicate this and specify the reason for its sensitivity. The Contracting Authority accepts no
liability whatsoever in respect of any information provided which is subsequently released or
in respect of any consequential damage suffered as a result of such obligations.
12.2 This Agreement shall be governed by and construed in accordance with the laws of Ireland.
12.3 Should any part of this Framework Agreement be or subsequently be found to be invalid,
unlawful or unenforceable, then such parts shall be severed from the Framework Agreement
and the remainder of the Agreement shall continue in full force and effect.
12.4 Force Majeure
12.4.1 If through no fault of a party, its performance has been affected or delayed by
force majeure, such party shall be at no liability to the other providing the
performances are recommenced as soon as possible after such force majeure has
ceased to operate.
49
12.4.2 If however, force majeure causes a delay or failure in performance for a period
longer than seven days, the Contracting Authority shall have the right to terminate
this Agreement by seven days’ notice in writing.
12.4.3 Force majeure shall mean an occurrence beyond the control and without the fault
or negligence of the party affected in which it is unable to prevent or provide
against by the exercise of reasonable diligence including, but not limited to, acts of
God or the public enemy, ex-procreation or confiscation of facilities, government
intervention, war, hostilities, rebellion, terrorist activities, local or national
emergency, sabotage or riots, floods, or unusually severe weather conditions
which could not be reasonably anticipated, fires, explosions, or other catastrophe,
national or district strikes or other concerted acts of workmen or other similar
occurrences other than strikes or concerted acts of the Framework Operator’s
workforce.
12.5 Nothing in this Agreement shall prevent the Contracting Authority from complying with its
obligations under public procurement legislation. If necessary this Framework Agreement
and any Contract concluded hereunder may be abridged, modified, or amended without
penalty to the Contracting Authority so as to enable it to comply with said obligations.
13. General Data Protection Regulations (‘GDPR’)
13.1 As an organisation engaged in providing services to and on behalf of the Contracting

Authority, the Framework Operator will be required to adhere to the following general
provisions:
13.1.1 To the extent that it may be deemed a ‘data processor’ for the purposes of the
General Data Protection Regulation, the Framework Operator will make itself fully
aware of all applicable obligations under the GDPR and will put in place sufficiently
robust mechanisms to ensure adherence to the relevant provisions of the GDPR.
GDPR, the Framework Operator will implement appropriate technical and
organisational measures in such a manner that any processing activities
undertaken will meet the requirements of the GDPR and ensure the protection of
the rights of the data subject.
GDPR, the Framework Operator will comply with the provisions of Article 28(3)(a)
to 28(3)(h) of the GDPR.
13.1.4 To the extent that it may be deemed a ‘sub-processor’ for the purposes of the
GDPR, the Framework Operator will comply with the provisions of Article 28(4) of
the GDPR.
50
14. Notices
14.1 The names and e-mail addresses of the parties for the purpose of the giving of notices under
this Agreement are as follows:
For the Contracting Authority:

Greg O’Leary
Head of Procurement
Beaumont Hospital
[email protected]
For the Framework Operator:

[XXXX]
14.2 All notices to the Contracting Authority or the Framework Operator from the other party
under this Agreement or the relevant Contract shall be in writing and sent to the appropriate
address set out above.
14.3 All notices, documents and communications provided under this Agreement or the relevant
Contract shall be in the English language.
IN WITNESS whereof the parties hereto have executed this Framework Agreement the day and year
first herein WRITTEN
SIGNATURES
SIGNED for and on behalf of [XXXX] by:
Signed: ______________________________________
Date: ______________________________________
Witnessed by: ______________________________________
SIGNED for and on behalf of the Contracting Authority by:
Signed: ______________________________________
Date: ______________________________________
Witnessed by: ______________________________________
Schedules and Appendices

Schedule1 – Specification of Requirements
Schedule 2 – Pricing Schedules / Form of Tender
51
Schedule 3 – Forms and Levels of Insurance
52
SCHEDULE 1 – SPECIFICATION OF REQUIREMENTS
[To be inserted prior to the commencement of the Framework Agreement]
53
SCHEDULE 2 – FORM OF TENDER
54
SCHEDULE 3 – FORMS AND LEVELS OF INSURANCE
55

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INVITATION TO TENDER DOCUMENT

SINGLE-PARTY FRAMEWORK AGREEMENT

THE PROVISION OF ELECTRICAL INSPECTION SERVICES

MAXIMUM POTENTIAL DURATION OF AGREEMENT: FOUR YEARS

All information required under each Award Criterion (Section 6)

The completed and signed Form of Tender (Appendix 1)

All other information required in connection with this competitive process

1.1 About the Contracting Authority

1.2 About the Competition

1.3 About the Framework Agreement

A framework agreement constitutes a means of establishing overall terms and conditions in

1.4 Duration of the Framework Agreement

1.5 Award to Runner-up

2.1 General Requirements

2.2 Required Expertise

2.3 Responsibilities of the Successful Framework Member

 Voltage Drop Service;

2.4 Quotations for Repairs

3.1 Compliance with Instructions to Tenderers

3.2 Ambiguities, Discrepancies, Errors or Omissions in the Tender Document

3.5 Tender Submission

3.6 Extension of Tender Period

3.7 Notice of Addenda

3.8 Modifications to Tenders (Prior to Deadline Date for Receipt of Tenders)

Modifications to tender submissions will be accepted in the form of supplementary information

3.9 Cost of Preparation of Tender Submissions

3.10 Clarification of Abnormally Low Tenders

3.11 Tender Validity Period

3.14 Conflict of Interest

3.15 National Legislation

3.16 Determination of Responsiveness

3.17 Clarification of Tenders

3.19 Prohibition on Canvassing

Any tenderer who, in connection with this competition:

3.20 Prohibition on Collusion

Any tenderer who, in connection with this competition:

(e) canvasses any other tenderer in connection with this competition; or

3.21 Notification of Tender Evaluations

4.1 Grounds for Exclusion

(Grounds detailed overleaf)

An economic operator will be excluded from this competition where a distortion of

5.1 Eligibility Criteria and Associated Rules

(Criteria detailed overleaf)

(a) Employer’s Liability- €13m

ESPD REFERENCE AND MEANS OF PROOF

ESPD REFERENCE AND MEANS OF PROOF

(a) Financial statements or extracts from financial statements;

ESPD REFERENCE AND MEANS OF PROOF

ESPD REFERENCE AND MEANS OF PROOF

(b) Hazards identified and risks assessed;

(h) A suitable review mechanism.

ESPD REFERENCE AND MEANS OF PROOF

6.1 Award Criteria and Weightings

6.1 – AWARD CRITERIA AND WEIGHTINGS

A Ultimate Cost 60 6,000 N/A

B Technical Merit of Proposed Resources 25 2,500 1,500

C Proposed Methodology for Service Delivery 10 1,000 600

D Reliability and Continuity of Service 5 500 300

TOTALS 100% 10,000 N/A