Following numerous queries from the stalking community since publication of information regarding the tender invited by the Department of Agriculture, Food & the Marine (see previous posting on this subject), a number of questions were put to the Department. Responses have now been received and these are shown below, as received.

Q1: Is certification of competency, e.g. HCAP or equivalent, a requirement?

A1: This is not a requirement but will be taken into consideration when awarding marks under award Criteria number 1.

Q2: Please identify in fuller detail the geographic area proposed to be covered, broken down by three proposed geographic zones (Deer Management Units or DMUs)

A2: The DMU’s are not predefined. The establishment of the DMU’s including their location is a deliverable of the project and will be a product of collaboration between landowners, hunters and key stakeholders.

Q3: Please advise whether Coillte Teoranta forest property is included in any proposed DMU.

A3: Coillte as Irelands largest landowner are an important stakeholder when it comes to establishing the DMU’s. It is expected that the successful tenderer will engage with Coillte during the course of the project.

Q4: If Coillte forest property is involved, will the ordinary terms of the standard Coillte licence regarding days, times and other conditions of access apply?

A4: These details will need to be discussed with Coillte as part of the process of establishing the DMU’s.

Q5: Please identify whether State land e.g. Wicklow Mountains National Park is to be included in any DMU.

A5: All relevant lands should be included in the DMU’s where possible. Collaboration with relevant owners regarding access and other arrangements should feature as part of the DMU’s establishment process. It may be the case that certain lands cannot be included in a DMU to be established. Where this is the case the Department should be notified for information in advance of finalising the DMU’s.

Q6: To what extent is it anticipated whether privately owned farmland is to be included in any DMU?

A6: See reply to number 5 above.

Q7: Will the contractor be expected to indemnify owners of private land if private farmland is to be included in any DMU?

     A7: The successful tenderer will be required to demonstrate that it holds acceptable insurances with sufficient limits of indemnity which are appropriate to the services provided. The successful tenderer(s) will be required to provide evidence of availability of insurance cover and justification of the levels prior to the award of the contract.

The National Treasury Management Agency’s “General Indemnity Scheme (GIS) – SIG 02: Determining Insurance Requirements for Goods & Services RFTs & Contracts” (April 2016) which can be found at http://ezone.agriculture.gov.ie/intranet/media/intranet/centralprocurementunit/tenderingcontracts/insurance/SIG0201InsuranceReq280416.pdf

http://ezone.agriculture.gov.ie/intranet/media/intranet/centralprocurementunit/tenderingcontracts/insurance/SIG0201InsuranceReq280416.pdf states the following:

“Employers liability – covers the legal liability of an employer for bodily injury or disease sustained by an employee and which arises out of and in the course of the employment. Employers liability insurance is required where the third party’s obligations under the contract have the potential to cause personal injury or property damage to its employees. The insurance norm limit for employers liability cover is typically be €12.7m for any one claim or series of claims arising out of a single occurrence. Employers liability cover is not required if the third party is self-employed.

Public liability – protects an insured in respect of its legal liability to third parties for bodily injury and for any loss or damage to property which happened in connection with the insured business. Public liability insurance is required where the third party’s obligations under the contract have the potential to cause personal injury or property damage to members of the public (including DSA employees who are considered third parties in respect of the insured contract). The insurance norm limit for public liability cover would typically be €6.5m for any one claim or series of claims arising out of a single occurrence although lower limits are acceptable where risk assessed.

Professional indemnity – protects professionals against claims, alleging that injury or financial loss, resulted from their professional actions, services or advice e.g. architect, engineer, solicitor. Professional indemnity insurance is particularly relevant where a DSA is relying upon the professional expertise of a third party. The level of indemnity required should be based on the risks associated with the services. Limits can range from €500,000 for low risk contracts to €10m or more for large scale high risk projects. DSAs should conduct a risk assessment to identify the level of risk associated with a potential failure, delay or error in the provision of the services and this will identify the level of professional indemnity cover required.

Provided the annual professional indemnity insurance policy is renewed each year, ‘run-off’ cover is not necessary. However, if a consultant ceases to practice, or no longer continues professional indemnity cover, then the consultant should be required to purchase a ‘run-off’ policy that will provide a retroactive cover from the date at which the annual professional indemnity insurance policy expires”.

Appendix C of the same document indicates that Professional Indemnity for a professional service such as research can be set at a minimum of €1m or the value of the contract where the contract value is greater than €1m.

Q8: Please advise whether applications for Section 42 licences are to be supported if any Coillte forest property or any WMNP land is included in any proposed DMU.

A8: The NPWS of the Department of Culture, Heritage and the Gaeltacht considers applications for Section 42 permits on a case by case basis and any such applications for such permits on Coillte lands would require the approval of the company.

Q9: Please advise whether night shooting, in or out of season, is to be supported by the licensing authority concerned.

A9: The NPWS of the Department of Culture, Heritage and the Gaeltacht would consider night shooting applications on a case by case basis.

Q10: Will the successful contractor be entitled to engage sub-contractors to assist in implementation of any deer management plan including cull operations?

A10: Yes, sub contracting is allowed once they are specified in the tender reply (See award criteria)

Q11: Will the contractor be entitled to retain any and all revenues received from sale of wild shot venison resulting from cull operations on the DMUs concerned?

A11: The Department does not assume any rights to the venison. However, details regarding revenues generated from the sale of venison should feature during collaboration with Stakeholders during the DMU establishment phase.

Q12: Will membership of the NARGC Compensation Fund suffice to meet requirements under the heading, Public Liability Insurance, whether held by the contractor or any sub-contractor?

A12: See reply to Question 7 above.

Q13: Will the provision of services and payments arising therefrom be subject to Value Added Tax?

A13: If the contractor is registered for VAT then VAT will apply and should be included in the tender price.

Q14: Will contract payments be subject to Withholding Tax?

A14: Withholding Tax does not apply.