Its a PPP competition:
The Courts Service has decided, through a public private partnership (â€œPPPâ€) arrangement, to develop a Criminal Courts Complex in the Dublin area with the primary objective of consolidating criminal court business within one functional location with provision for the specific security requirements associated with criminal and other court business.
The Contracting Authority wishes to procure a landmark building and state-of-the-art criminal courts facility for central Dublin to accommodate all criminal court business currently located in various sites within and around the Four Courts. The building should stand as a landmark civic building. It is anticipated that the Complex will eliminate many of the space, functionality, security and safety, prisoner management problems and risks associated with current criminal court activity and practice in Dublin.
Court accommodation has a very significant role to play in the efficient administration of justice. This is particularly so in criminal cases. It should not only be comfortable and function efficiently, it should also reflect in its design the independence, dignity and importance of the business transacted in it. It lessens citizensâ€™ respect for the courts and the law if courts are housed in facilities that detract from these objectives.
It is one of the statutory functions of the Contracting Authority to support the judiciary in the administration of justice. The Contracting Authority must, therefore, also provide suitable facilities and accommodation for judges within the Complex.
It is anticipated that the contract for the Complex will be a design, build, finance and operate contract, with appropriate contractual arrangements to be entered into with the successful tenderer for the purposes of carrying out the Project. The Candidate Member(s) responsible for, inter alia, operation and maintenance, design and/or construction will be required to agree to such arrangements upon execution of the contract with the successful tenderer in a direct agreement with the Contracting Authority.
The exact nature and scope of the Project operations has not yet been finally determined by the Contracting Authority. Further details in this regard will be set out in the Invitation to Negotiate.
Project Description and Scope
5.1 General Requirements
The Contracting Authority wishes to transfer, inter alia, responsibility for repair, maintenance and service of the Complex to the successful tenderer. The successful tenderer will be expected to demonstrate that its proposal offers a genuine transfer of risk and value for money in these areas.
It is anticipated that the successful tenderer will be required to design, build, finance and operate and maintain the Complex for a period of between approximately 25 and 35 years and to fit it out and equip it to satisfy the User Requirements. References in this Project Information Memorandum to â€œoperatorâ€ and â€œoperationsâ€ are intended to include maintainer and maintenance except where otherwise expressly indicated.
It is intended that the successful tenderer will be responsible, throughout the term of the contract, for remedying any inherent or latent defects in design, construction or materials used in the Complex. The Contracting Authority will not be responsible for the replacement of the building and equipment when life expired but will require the outputs, as identified in the User Requirements, to be maintained. In addition, it is currently intended that the successful tenderer will be responsible for both external and internal maintenance of the Complex and the provision of defined services to meet the requirements of the Contracting Authority, as described in the User Requirements.
In line with PPP philosophy, the Contracting Authority does not intend to be prescriptive about the form and precise construction of the Complex as long as it meets the User Requirements.
The Site for the Complex will be provided by the Contracting Authority. The Site is situated at the junction of Infirmary Road and Parkgate Street and extends to an area of approximately 1 hectare.
The Complex is intended to comprise approximately 17000m2. It is currently anticipated that the components of the Complex may include (but may not be limited to):
â€¢ Approximately 22 Jury and non-jury courtrooms of varying sizes based on business need
â€¢ Associated judicial chambers and ancillary facilities
â€¢ Jury rooms and consultation rooms
â€¢ Ancillary facilities such as victim support and witness rooms
â€¢ Jury assembly area
â€¢ Facilities for the legal profession, Gardai, Probation and Welfare Service
â€¢ Public Foyer and circulation spaces
â€¢ Safe and efficient access and egress from courtrooms
â€¢ Main Entrance and Reception Desk
â€¢ Public restaurant for approximately 150 covers
â€¢ Public office, counter and space for approximately 50 staff
â€¢ Secure holding area for approximately 100 prisoners
â€¢ Control rooms, communication rooms and ICT facilities
â€¢ Storage facilities
â€¢ Secure Parking for approximately 80 cars and vans
The Complex will be designed, constructed, operated and maintained as a modern, purpose-built facility so as to meet internationally accepted standards.
The design of the Complex is of the utmost importance to the Contracting Authority and, in this regard, Candidates should note the weighting of the marks that will be allocated to design as set out in Table 6.4 of this Preliminary Information Memorandum.
It is expected that the design of the Complex will readily identify it as a landmark civic building which will make a significant contribution to the architectural form of Dublin. The proposed Site for the Complex occupies a key Dublin landmark location and the Complex will be a symbol of the Irish judicial system. In all respects, the design should reflect the importance of these aspects.
The design of the Complex should convey a civic status reflecting the importance of the business being carried out there. The design should be cognisant of the latest trends in Court requirements, with a safe, secure, comfortable and dignified environment for the transaction of Court business and should address the complex circulation and security needs of courts in a creative way.
Good design will provide a flexible building with opportunities to accept future change and challenges: services easily altered, adding new cable-ways etc., alterations to rooms to cater for modest change of use and new functional needs.
5.5 Sustainability & Whole Life-Cycle Approach
It is the expectation of the Contracting Authority that the Complex will be recognised as setting exemplary standards of environmental sustainability. This will require the Candidates to consider any necessary environmental measures and practices to be incorporated and adopted during the construction phase. The choice of construction materials and the long-term operation requirements of the Complex (including with regard to energy usage and waste management) should be consistent with these aspirational objectives.
5.6 The Role of the Operator
To adequately address the required functionality of the Complex will require the close consultation and involvement of an Operator fully familiar with and experienced in building management. It is currently anticipated (although this may be subject to change) that the operational elements are likely to include, but are not limited to, security, catering, operation of an information desk, cleaning, operation of internal post, electrical and utility services, telecommunications, grounds management.
5.7 Information and Communications Technology
Developments in the ICT sector are resulting in increased use of â€˜state of the artâ€™ facilities in presenting information, communications and in the environmental control and management of modern facilities. Expectation levels are such that what was formerly perceived as â€˜state of the artâ€™ facilities is now the accepted norm. The successful tenderer will be expected to define a facility that incorporates sufficient flexibility of design and anticipation of future ICT needs which will enable the Complex to continuously meet international benchmark standards throughout its life.
The Contracting Authority will be seeking an innovative solution to meet the Complexâ€™s ICT requirements based on proposals that should demonstrate integration, compatability and inter-operability with existing national systems; innovative and effective ways of sharing risk, reducing costs and increasing value for money; flexibility over future service provision to ensure that ICT services complement and facilitate the provision of high quality services; assured business continuity.
The detailed ICT requirements will be set out in the ITN. It is currently anticipated that the ICT solution may include any one, or an amalgam, of elements from the following options (at the Contracting Authorityâ€™s absolute discretion):
â€¢ the successful tenderer may be required to install underlying cabling infrastructure and associated facilities to support connectivity to a national ICT network and office desktop products for use throughout all courts;
â€¢ the successful tenderer may be responsible for the supply, installation and commissioning of the Complexâ€™s ICT software components (including digital audio recording and video conferencing facilities);
â€¢ separate (PPP or non-PPP) contracts may be awarded to provide the standard software application for courts and for an integrated system to implement and operate the application, which contracts may or may not be novated to the successful tenderer in this competition;
â€¢ the Contracting Authority may retain responsibility for certain aspects of the ICT requirements (for example, obsolescence in ICT software, ICT support and management services);
â€¢ the successful tendererâ€™s solution may be required to demonstrate compatability and integration with the Contracting Authorityâ€™s existing central ICT systems and equipment while developing and introducing new services.
For the purposes of this Project Information Memorandum Candidates should note that the Contracting Authority reserves the right to procure a contract for the provision of ICT services with a Candidate Member or with such other service provider(s) as the Contracting Authority may appoint following a separate competition and which contract with such other service provider(s) may or may not be novated to the successful tenderer in this competition.
6 Procurement Process & Programme
A key consideration for the Contracting Authority, in deciding on the successful tenderer, will be the achievement of optimal value for money. However, Candidates should note that nothing in this section 6 is intended to identify or define the award criteria on which the contract will be awarded to the successful tenderer. This information will be set out in the Invitation to Negotiate.
Candidates should also be aware that proposals will be considered in the light of the â€œInterim Guidelines for the Provision of Infrastructure and Capital Investments through Public Private Partnerships; Procedures for the Assessment, Approval, Audit and Procurement of Projectsâ€ available at the Government PPP website, http://www.ppp.gov.ie
It is currently anticipated that the Contracting Authority will be responsible for obtaining any required planning permission under section 181 of the Planning and Development Act, 2000. Documentation and assistance, including in relation to an environmental impact statement (if applicable) and any other requirements of the relevant local authority in connection with the Complex, shall upon request and at the absolute discretion of the Contracting Authority be supplied to the Contracting Authority by the successful tenderer.
6.2 Summary of Anticipated Procurement Procedure
Figure 6.2A summarises in illustrated form the proposed procurement process. Candidates should note that the dates in this table are indicative only and are subject to change. Tenderers will be advised of firm dates at later stages in the competition.
Without in any way limiting, or intending to limit, the Contracting Authorityâ€™s discretion, it is anticipated that the procurement procedure will be as follows:
â€¢ Candidates will be pre-qualified on the eligibility requirements set out in paragraph 6.3.1 and the minimum requirements set out in paragraph 6.3.2;
â€¢ the pre-qualified Candidates will be scored in accordance with the assessment criteria set out in Table 6.4 and will receive a ranking and be selected based on that score;
â€¢ between 3 and 6 of the highest ranked Candidates (at the sole discretion of the Contracting Authority and provided sufficient are qualified from those who express interest) will be invited to submit tenders leading to the nomination by the Contracting Authority of one preferred tenderer, subject to the Contracting Authorityâ€™s option to request best and final offers (â€œBAFOâ€);
â€¢ for the preferred tenderer, a contract finalisation stage intended to lead to a signed contract with the Contracting Authority.
Candidates who are not selected at the pre-qualification stage will be notified in writing by the Contracting Authority. At each subsequent stage in the procedure, the Contracting Authority intends to notify separately, in writing, those parties involved as to whether they are being invited to proceed to the next stage. The Contracting Authority reserves the right to make public announcements as to the identity of the short-listed or eliminated Candidates.