Vol. 218 No. 6
andMr. Barrett asked the Minister for Local Government if he will state, in respect of firms which submitted tenders for the Ballymun project, Dublin, whether any standards were laid down for the assessment of those firms on the short list; and, if so, if these included an assessment of the resources that they had available at the time of tendering in relation to, for example, management, personnel, finance, plant and machinery and design.
10.
andMr. Barrett asked the Minister for Local Government to what extent the tenders for the Ballymun project, Dublin were competitive; and how many firms were considered (a) initially and (b) on a short list.
11.
andMr. Barrett asked the Minister for Local Government if he will state in respect of the firms which submitted tenders for the Ballymun project, Dublin, how firms were selected for the short list.
12.
andMr. Barrett asked the Minister for Local Government if he will give an assurance that (a) in the event of further package deal or all in service tenders being sought he will ensure that a performance specification and a functional standards specification will be laid down before firms are invited to tender, and (b) he will take expert advice on the availability and suitability of the resources of the tendering firms to fulfil the performance specification before placing any future contract with such firms.
I propose with your permission, a Cheann Comhairle, to take Question Nos. 9, 10, 11 and 12 together.
The nature and extent of this particular project and the procedure proposed were set out in public advertisements, which invited building interests to apply for a more detailed documentary brief. The advertisement stated that negotiations would be entered into with building interests whose capacity and ability to undertake the project were accepted. Approximately 100 applications for the detailed brief were received.
The brief required that interested firms should advise me in detail, inter alia, of their experience of major housing contracts and of their general competency, with particular reference to the professional and other resources available to them. They were also required to outline the time schedule foreseen by them in the light of the requirements of the brief, distinguishing between planning, development, the rate of completion of houses and their approach to costs. It was stated in the brief that detailed negotiations would be undertaken with a selected firm or firms with a view to entering a contract at the earliest practicable date.
I subsequently held detailed discussions with all firms who appeared to satisfy the requirements of the advertisement and of the brief provided by me. I also examined exhaustively the guide prices which they submitted.
In the event of any future such large scale housing contract being contemplated, the procedures to be followed will no doubt be determined according to the circumstances obtaining at that particular time.
Could the Minister say whether, in a package deal of this nature, any detailed specification is looked for? The Minister says they were asked to apply for a detailed brief. Would he say if such detail would require them to give a specification for doors? In a case such as this, you might have 18,000 doors and would they just supply these doors and if they were unable to supply them in accordance with the contract, could they just reduce the quality of the doors, or of any other materials, such as windows?
On the question of doors and windows and other such materials, these would be indicated in advance in relation to the general standards and these standards would have to be conformed to as a minimum. Anything over and above what is indicated as the minimum would be arrived at only after agreement had been reached between the National Building Agency, acting on behalf of the corporation and the consortium.
Would it be fair to say that the Minister is depending more on the standing and integrity of the firms concerned than on holding them to the quality of their work?
No. The question of standing and integrity did come into the general review of the original applicants but only in the final analysis, in the detailed examination of their proposals, did their type of equipment, their experience in the past and so on come into it in a broad general way. The record in that regard is not being relied upon to ensure that they do the job in a proper manner. It is much more closely tied up than merely by relying on any such thing.
Is the Minister in a position to tie these contractors to a pre-determined specification in relation to various parts of the house?
Yes.
Did the National Building Agency avail itself of the services of a quantity surveyor in this matter and does he check the matters to which the Minister has referred?
I should have said that the National Building Agency have equipped themselves with such advisers and consultants as would be prudent in such a case and that there are available to them the quantity surveyor, the structural engineer and the heating and services engineering advisers. These are available to them for the duration of the contract. In addition, they have a resident engineer on the site on their behalf who is not only there to see that things go as pre-determined but also to correlate and co-ordinate operations in whatever way is necessary as between the Agency, the Department, the corporation and the contractors.
How is the quantity surveyor selected?
The same as anybody else.
There was no competition held for it?
No. There is no competition for any of the consultants appointed in these cases.
13.
andMr. Barrett asked the Minister for Local Government if the contract for the Ballymun project, Dublin allows for a penalty for non-completion, either of stages or of the whole contract; and if the completion date is named for these stages or for the whole contract.
The date of completion provided in the contract is 14th February, 1969. Provision is made for compensation or liquidated and ascertained damages and also for a programme of partial stage completion and related damages.
Do I understand that there is provision for a fine for failure to complete?
There is.
And also provision for reward for earlier performance?
Yes.
One could not bind without the other.
That is right.
14.
andMr. Barrett asked the Minister for Local Government if the contract for the Ballymun project, Dublin, allows for variations in the clients' requirements either as to numbers of dwellings or standards of specification; and, if so, how the contract price will be calculated in the event of such variations.
The contract provides that for the purpose of payments, no account shall be taken of variations required such as a variation in design affecting internal room arrangements or to suit differing orientations. Special variations required will be paid for at rates or prices to be agreed, or in default of agreement, to be fixed by the architect.
15.
andMr. Barrett asked the Minister for Local Government if the contract for the Ballymun project, Dublin allows for extension of time being granted to the contractor in the event of variations by the client.
The contract provides for extension of time by reason inter alia of variation of works or extra works being ordered.
16.
andMr. Barrett asked the Minister for Local Government if the contract for the Ballymun project, Dublin is a fixed price contract so that no additional sums become due to the contractor in the event of fluctuations in labour rates or material costs during the progress of the contract.
The contract is based on a target price which is capable of adjustment in respect of wages and related payments and in respect also of differences between basic prices as defined in the contract and market prices current at the time of invoicing.
Could I ask the Minister if there is a bill of quantities on which the architect can decide what is a fair price in the case of dispute?
The price of materials would be based on the market price current at the date of the contract and the variations that might arise would be variations established between then and the date of invoicing.
There is no bill of quantities as such?
In the strict sense of bills of quantity in a contract, there is not.
May we take it that the quantity surveyor, acting on behalf of the National Building Agency, is a member of a recognised professional organisation in this country and is exclusively in the service of the National Building Agency?
He is a consultant and a member of a well-known consulting firm here in town.
Is he employed directly and solely by the National Building Agency?
These three consultants are solely employed by the Agency, operate solely for the Agency and in the interests of the Agency and of nobody else.
