ogc itt template 1

ITT Template & Guidance

Version 1.0

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[INSERT NAME OF AWARDING AUTHORITY AS PUBLISHED IN THE RELEVANT OJEU CONTRACT NOTICE]

INVITATION TO TENDER FOR

[INSERT TITLE OF REQUIREMENT AS PUBLISHED IN THE RELEVANT OJEU CONTRACT NOTICE]

REFERENCE NUMBER

[INSERT REFERENCE NUMBER AS PUBLISHED IN THE RELEVANT OJEU CONTRACT NOTICE e.g. 2007/s – xx/xxxxx]

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TABLE OF CONTENTS

Section 0 - Preface 4

Section 1 - Background 9

Part A - Background 11

Part B - Overview of the Invitation to Tender and the Procurement Process 14

Section 2 – Tendering Process 24

Part A – Instructions to Tenderers 26

Part B – Tender Evaluation 39

Schedule 1-5 45

Section 3 - Specification 57

Section 4 – Technical Requirements (including Mandatory Information Requirements) 59

Section 5 – Response Requirements 64

Section 6 – Commercial Response Requirements 70

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Section 0 Preface

Version 1.0

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TABLE OF CONTENTS – SECTION 0

1 Glossary 5

2 Table of Abbreviations 7

3 Structure of the ITT Document 8

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1 Glossary USE A TABLE OF DEFINITIONS PRECEDED WITH THE FOLLOWING WORDING: “Unless the context otherwise requires, the following words and expressions used within this Invitation to Tender shall have the following meanings:”

TERM MEANING

“Authority” means [insert the name of the Awarding Authority e.g. Department for Transport] Guidance note - You should note that that the Authority may be different from the legal person in whose name the framework is entered into. For example, framework agreements for the Home Office will normally be entered into by the Secretary of State for the Home Department.

“Call Off Contract” means the document set out in Schedule [XX] of the draft Framework Agreement contained in Section 6, Schedule 6 of this ITT

“Competed [Goods][Services]

means the competed [goods] [services] which will be Ordered from the Framework Agreement following a Mini-Competition and are set out at Schedule 1 of the Framework Agreement

“Conditions of Tender”

means the terms and conditions set out in this ITT relating to the submission of a Tender

“Contracting Bodies” Means the Authority and any other contracting authorities described in the OJEU Contract Notice

“Direct Award” means the award of a Call Off Contract by application of the terms laid down in the Framework Agreement without re-opening competiton

“Due Diligence Information”

means the background and supporting documents and information provided by the Authority for the purpose of better informing the Tenderers‟ responses to this Invitation to Tender

"EIR" mean the Environmental Information Regulations 2004 together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government department in relation to such regulations

FoIA means the Freedom of Information Act 2000 and any subordinate legislation made under such Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government department in relation to such legislation

“Framework Agreement”

means the agreement (as set out in Section 6, Schedule 6 of this ITT) to be entered by the Authority and the Provider(s) following any award under the procurement exercise

“Invitation to Tender” or “ITT”

means this invitation to tender documentation and all related documents published by the Authority and made available to Tenderers and includes the Due Diligence Information.

“Lot” means a discrete sub-division of the requirements

“Mini-competition” means the award of a Call Off Contract by re-opening competiton between the Providers appointed to the Framework Agreement and which are capable of performing the proposed contract

“OJEU Contract Notice”

means the advertisement [insert reference number and date] issued in the Official Journal of the European Union

“Order” means an order for [goods/services or goods and services] served by any Contracting Body on the Provider

“Other Contracting Bodies”

means all Contracting Bodies except the Authority

“Provider” means the organisation(s) admitted to the Framework Agreement

“Public Buying means a duly constituted public sector organisation which

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Organisation” procures goods/services for and on behalf of contracting authorities

“Standard [Goods]/[Services]”

means the [goods][services] set out at Schedule 1 of the Framework Agreement

“Tender”, “Response”, “Tender Response”, “Tendered Response” or “ITT Response”

means the Tenderers formal offer in response to this Invitation to Tender

“Tenderers” means the organisations being invited to respond to this Invitation to Tender

Where applicable Guidance Notes will appear throughout this document and will always be in BLUE text. They are solely to assist/advise the person drafting an ITT and as such MUST be removed from the ITT document PRIOR to issue to Tenderers.

Guidance Note for drafters any Guidance Notes, Drafter‟s Notes (DNs) Drafters Questions (DQs) and/or text in italics must be removed (and where appropriate replacement drafting inserted) prior to the ITT document being issued to Tenderers

Guidance Note - other definitions may be added as applicable. Defined terms must always start with an upper case letter eg Tenderers or Invitation to Tender as indicated in the table above.

THE GLOSSARY CAN BE SUPPLEMENTED WITH THE CONVENTION THAT A WORD OR PHRASE IS SPECIFIED IN THE DOCUMENT THE FIRST TIME IT IS USED AND THEN NOTED AS SUCH IN INVERTED COMMAS AND BOLD AS FOR EXAMPLE –

Persons responding to this document (“Tenderers”) or

The Department for Work and Pensions (“the Authority”)

Guidance Note - throughout the ensuing document all defined terms must start with an upper case letter eg Tenderers or the Authority.

ABBREVATIONS MAY ALSO BE USED THUS-

Department for Work and Pensions (“DWP”)

Guidance Note – it may be helpful to Tenderers if a glossary of abbreviations is provided (see below).

2 Table of Abbreviations

In this Invitation to Tender the following abbreviations are ascribed the meanings detailed in the table below

ABBREVIATION MEANS

ITT Invitation to Tender

KPI Key Performance Indicator

MI Management Information

OCB Other Contracting Body

OGC Office of Government Commerce

OJEU Official Journal of the European Union

PBO Public Buying Organisation

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3 Structure of the ITT Document

Covering Letter for Invitation to Tender

Acknowledgement Letter

Section 1 Background

(A) Background

(B) Overview of the ITT and the Procurement Process

Section 2 Tendering Process

(A) Instructions To Tenderers

(B) Tender Evaluation:

Section 3 Specification

Section 4 Technical Requirements

Schedules 1 to 5

Section 5 Response Requirements

Section 6 Commercial Response Requirements

Section 0 Preface

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Section 1 Background

Version 1.0

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TABLE OF CONTENTS – SECTION 1 Part A - Background 11

1 Introduction 12

2 The Authority 12

3 OGC 13

4 Other Contracting Bodies 13

5 Use of Electronic Tendering Tool 14

6 Marketing of the Framework 14

Appendix 1 14

Part B- Overview of the Invitation to Tender and the Procurement Process 14

1 Introduction 16

2 Proposed Framework Agreement – Single Provider 17

2 Proposed Framework Agreement – Multiple Providers 17

3 Lots 19

4 Orders Under Multiple Provider Frameworks 22

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Section 1 – Part A Background

Version 1.0

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1 Introduction

1.1 [AUTHORITY TO INSERT DETAILS OF WHY THE PROCUREMENT IS TAKING PLACE AND PROVIDE DETAILS OF OJEU NOTICE] for example

HM Revenue and Customs (HMRC) working with the Office of Government Commerce (OGC) and the Other Contracting Bodies named in OJEU Notice 2007/s xx-xxxxx dated xx February 20xx are looking for a Provider(s) [OR x NUMBER OF PROVIDERS – AS SPECIFIED IN THE OJEU NOTICE REFERRED TO ABOVE] to be appointed onto a Pan Government Framework Agreement for the supply of [THE GOODS OR SERVICES OR GOODS AND SERVICES AS SPECIFIED IN THE OJEU NOTICE REFERRED TO ABOVE]. The UK Government currently procures XXX of XXX OR SPENDS AN ESTIMATED £XXX MILLION ON THE SUPPLY OF XXX OR PROVISION OF XXX SERVICES.

2 The Authority

2.1 [AUTHORITY TO INSERT BACKGROUND DETAILS OF ITS ORGANISATION] for example

HMRC is a Government Department that was created in April 2005 it brought together the functions of HM Customs and Excise and the Inland Revenue.

HMRC employs approximately 100,000 people, about a fifth of the entire Civil Service, across more than 300 locations and some 900 offices. Its responsibilities include:

Income, Corporation, Capital Gains, Inheritance, Insurance Premium, Stamp, Land and Petroleum Revenue Taxes

VAT, Excise Duties, Customs Duties and frontier protection

Environmental taxes: climate change and aggregates levy and landfill tax

National Insurance

Tax Credits

Child Benefit and the Child Trust Fund

Enforcement of the National Minimum Wage

Recovery of Student Loan repayments

Additional general information about HMRC can be found on www.hmrc.gov.uk

2.2 The Authority, shall actively manage the resulting Framework Agreements, key activities including: contract review meetings; KPI management and analysis of management information provided [OTHER FUNCTIONS TO BE ADDED AS APPLICABLE].

[OR IF ANY OTHER AUTHORITY OR PUBLIC BUYING ORGANISATION ARE GOING TO MANAGE THE RESULTING FRAMEWORK SUBSTITUTE THEIR NAME FOR THE AUTHORITY. A STATEMENT OF RELATIONSHIP BETWEEN THE PBO, THE AUTHORITY, OTHER CONTRACTING BODIES AND PROVIDERS IN THE OPERATION OF THE FRAMEWORK INCLUDING CUSTOMER ACCESS PROCEDURES (IF ANY) AND CONTRACT MANAGEMENT RESPONSIBILITIES (E.G. SANCTIONS, MANAGEMENT INFORMATION ANALYSIS, CO-ORDINATING PROVIDER AND CUSTOMER ISSUES)] WILL NEED TO BE INCLUDED HEREOR

http://www.hmrc.gov.uk/

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[IF IT IS TO BE A JOINT APPROACH TO CONTRACT/PROVIDER RELATIONSHIP MANAGEMENT SET OUT DETAILS OF THE ORGANISATIONS INVOLVED AND AS ABOVE AND THEIR RESPECTIVE ROLES]

3 OGC

3.1 [OGC TO PROVIDE UP TO DATE NARRATIVE FOR THIS SECTION]

4 Other Contracting Bodies (OCBs)

4.1 The Framework Agreement will be available for use by OCBs throughout the whole of the UK, including Northern Ireland, Scotland and Wales [AMEND GEOGRAPHICAL COVERAGE WHERE APPROPRIATE] as described in the OJEU Contract Notice. Any OCB described in the OJEU Contract Notice may utilise the resulting Framework Agreement from the commencement date.

Guidance note – the lead Authority should validate potential usage of the Framework Agreement by the different sectors of the public arena. Whilst the OJEU may have been widely drafted to enable Framework Agreement to be used by wide range of other Other Contracting Bodies it may be appropriate to be more specific in the ITT. If further analysis work has been undertaken and it is evident that some sectors of the public arena are highly unlikely to use the Framework the drafting above should be amended to bring such exclusions to the attention of Providers. However under no circumstances can the original scope of the OJEU Contract Notice be widened encompass areas of the public sector previously omitted.

4.2 A list of OCBs [WHO HAVE EXPRESSED AN INTEREST/COMMITTED TO USING THE FRAMEWORK] can be found at Appendix One of this document. Once established the Framework will be actively marketed to attract take up by additional Contracting Bodies beyond those specified in Appendix One.

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5 Use of Electronic Tendering Tool [IF APPLICABLE]

5.1 The Authority is utilising an electronic tendering tool to manage this procurement and communicate with Tenderers. Accordingly, there will be no hard copy documents issued to Tenderers and all communications with the Authority including the submission of Tenderers responses will be conducted via [insert name of proprietary electronic tool being used and link to URL address.]

6 Marketing of the Framework

[AUTHORITY TO INSERT DETAILS OF HOW THE FRAMEWORK WILL BE MARKETED – WHEREVER POSSIBLE INCLUDE A HIGH LEVEL MARKETING PLAN. THIS SHOULD INCLUDE ANY DETAILS OF MARKETING THAT THE AUTHORITY EXPECTS THE SUCCESSFUL TENDERER(S) TO PARTICIPATE IN OR UNDERTAKE.]

Guidance Note: Any marketing by the Authority must take into account the estimated value of services/goods to be procured under the Framework Agreement, as advertised in the OJEU Contract Notice.

Appendix 1

[INSERT LIST OF ANTICIPATED/COMMITTED OTHER CONTRACTING BODIES – WHERE APPROPRIATE INCLUDE ANY SPEND, VOLUMES AND THE POTENTIAL ACCESS DATES IF THE THE OCB IS ALREADY IN A CONTRACTUAL ARRANGEMENT WHICH EXPIRES BEYOND THE ANTICIPATED START DATE OF THE FRAMEWORK AGREEMENT]

Tenderers should note that the details of spend, volumes and potential access dates set out in this Appendix are estimates only. They are not intended to provide any commitment as to the number or value of contracts that the Authority and OCBs may purchase using this Framework Agreement. OCBs are under no obligation to join the framework and may decide not to do so. The Framework Agreement is non-exclusive: the Authority and OCBs give no undertaking that they will purchase the whole or any of their requirement for [goods/services or goods and services] through this arrangement.

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Section 1 – Part B Overview of the Invitation to Tender

and the Procurement Process Version 1.0

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1 Introduction

1.1 The Authority wishes to establish a [insert either single Provider or multi-Provider] Framework Agreement for the provision of [insert a short description of the goods or services or goods and services]. The Authority is managing this procurement process in accordance with the Public Contracts Regulations 2006 (the “Regulations”). This is a [goods/services/goods and services] Framework Agreement being procured under the restricted procedure.

1.2 The Authority is procuring the Framework Agreement as a central purchasing body for itself and Other Contracting Bodies. This means that OCBs referred to in the OJEU Notice may also participate in the Framework Agreement.

1.3 The Authority received completed Pre-Qualification Questionnaires from potential providers and has evaluated minimum standards of technical or professional ability and economic and financial standing. All those potential providers who were shortlisted following the evaluation of the PQQ have been issued with the ITT.

Guidance note – if the lead authority considers there to be commercial advantage in disclosing details of which other organisations have also been sent the ITT the above paragraph should be amended and a list of organisations invited to tender inserted.

1.4 Section 2 contains the Instructions to Tenderers and the conditions of this ITT.

1.4.1 There are also a number of certificates contained in the Schedules at Section 2 for you to confirm the basis on which your Tender is submitted.

1.4.2 In addition, Section 2 contains a checklist for you to use to check that you have included the correct information that you should complete and return with the Tender Response.

1.5 Section 3 contains the Specification.

1.6 Section 4 contains the Technical Requirements.

1.7 Section 5 contains the Response Requirements. This sets out how the Tenderer must respond to the Specification and the Technical Requirements.

1.8 Section 6 contains the Commercial Response Requirements including a copy of the proposed Framework Agreement.

1.9 Prior to commencing formal evaluation, Tender Responses will be checked to ensure they are fully compliant with the conditions of Tender. Non-compliant Tender Responses may be rejected by the Authority. Tender Responses which are deemed by the Authority to be fully compliant will proceed to evaluation. These will be evaluated using the selection criteria and weightings detailed in the matrix set out at paragraph 2 of Section 2 (B).

Guidance note - where the Authority reserves to itself a discretion under this ITT, it should exercise that discretion properly, fairly and not unreasonably. It should endeavour to treat Tenderers equally throughout the process.

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1.10 Following evaluation of the compliant Tenders and approval of the outcome the Authority intends to appoint [insert as applicable, and depending on whether the Framework is to be either single or multi Provider, one or [insert number] successful Providers] to enter into a Framework Agreement.

1.11 Whilst it is the Authority‟s [and any relevant Other Contracting Bodies] intention to purchase the majority of its [goods/services/goods and services] under this Framework Arrangement from the Providers appointed this does not confer any exclusivity on the appointed Providers. The Authority and any relevant Other Contracting Bodies reserve the right to purchase any [goods/services/goods and services] (including those similar to the [goods/services/goods and services] covered by this procurement) from any provider outside of these Framework Agreements.

Guidance note – the Authority needs to consider whether the above statement is applicable to the procurement exercise they are engaged on and whether it can make this statement on behalf of OCBs. If the Procurement Strategy or Sourcing Strategy has concluded that the Framework will meet all potential requirements across the public sector and there will be no opportunity for Contracting Bodies to procure their requirements outside of the proposed Framework Agreement the above paragraph should be amended to make it clear this will be the case.

2 Proposed Framework Agreement – Single Provider [if applicable]

Guidance note – The Procurement Strategy or Sourcing Strategy should specify whether the aim of the procurement is to appoint a single Provider or multiple Providers to fulfill all the requirements. In this context it is crucial to check what was specified in the OJEU Contract Notice - Section II.1.4 which will have been either “several operators” or “a single operator” insert the relevant paragraph from those detailed below.

2.1 It is the Authority‟s intention to enter into a Framework Agreement with a single Provider.

Guidance note - Where a Framework Agreement is concluded with just one Provider, Call Off Contracts under the Framework Agreement should be awarded within the terms laid down in the agreement. It is the same principle as that applying to a normal contract, except that, with a Framework Agreement, there will be an interval between the awarding of the framework itself and the calling-off of the goods/services/goods and services under it. The Framework Agreement has been drafted on the basis that the Authority will appoint multi suppliers to the framework and it will need to be amended prior to dispatch of the ITT if the Authority intends to award a single supplier framework.

2.2 The Authority reserves the right not to conclude a Framework Agreement as a result of the current procurement process.

OR

2 Proposed Framework Agreement – Multiple Providers [if applicable]

2.1 It is the Authority‟s intention to enter into a Framework Agreement with more than one Provider.

2.2 For the purposes of this Framework Agreement the Authority has classified the [goods/services/or goods and services] as Standard [Goods]/[Services] and Competed [Goods]/[Services].

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The Standard [Goods]/ [Services] are described in Lot numbers [insert lot numbers].

The Competed [Goods]/[Services] are described in Lot numbers [insert lot numbers].

2.3 Call Off Contracts for Standard [Goods]/[Services] will be awarded by Direct Award i.e without re-opening competition and Call Off Contracts for Competed [Goods] / [Services] will be awarded following a Mini-Competition. These processes are explained in more detail below.

2.4 Call Off Contracts, whether as a result of Direct Award or following Mini-Competition will be formed by the issue of an Order by the Authority or relevant OCB, to the Provider and acceptance by the Provider of such an Order. The Call Off Contract will be on the terms specified in the Framework Agreement - Schedule 6, supplemented as appropriate by such details as price and quantity which will be specified in the Order.

Guidance Note

The Authority will need to consider which goods/services will be capable of being awarded on the terms laid down in the framework agreement (Standard Goods/Services) by way of Direct Award and those goods /services where the terms are not precise enough and will be subject to a Mini-Competition (Competed Goods/Services).

Direct Award

The Direct Award of a Call Off Contract is permitted where the terms laid down in the Framework Agreement are sufficiently precise to cover the particular Call Off Contract. Where the Authority plans to award contracts without re-opening competition, then the Framework Agreement must include a mechanism, which should be followed by the Authority and OCBs.

The mechanism for Direct Award of a Call-Off Contract contained in the Framework Agreement requires the Authority/OCB to apply the criteria, which were originally applied by the Authority when awarding the Framework Agreement. These will be set out at Schedule 2 of the Framework Agreement. It is permissible not to apply an award criterion if it is not relevant to the Call–Off Contract (for example, where the original criteria requires the Provider to show that it can supply the [goods/services/goods and services] nationwide, but the OCB is only concerned with supply on a local level). Therefore, the Authority must give careful consideration to the Framework award criteria to ensure that not only are they suitable for use when appointing Providers to the Framework, but that the criteria will also allow the Authority/OCB to call-off contracts.

In order for an OCB to be able to apply the original criteria, the lead Authority will have to ensure that they are able to supply OCBs with all necessary information to ensure that it can apply the criteria correctly. Such information could include the applicable quality standards, price and the statement of requirements or specification.

The Authority will need to consider whether there is any justification for allowing limited flexibility in the award criteria weightings used for the Direct Award. A potential approach would be to allow a 10% range between the minimum and maximum weighting for each award criterion. This would then allow OCBs some discretion when applying the award criteria at Direct Award.

The Regulations do not specify how Call Off Contracts should be awarded without re-opening competition and the approach set out above is one suggested option. Another method for Direct Awards is to use a “cascade” approach. This means that all Providers are ranked at Framework award stage (by application of the award criteria) and Call-Off Contracts are then awarded to the highest-ranking Provider available in the relevant lot. If that Provider is not able to undertake the Call-Off Contract then it will be awarded to the Provider ranked second and so on. If the Authority wishes to use the “cascade” approach for awarding Call-Off Contracts, it will be necessary to amend the model Framework Agreement.

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Please note that a “catalogue shopping” approach i.e. free choice of a supplier under a framework is not permissible. The Authority/OCB must use the mechanism laid down in the Framework Agreement before choosing a Provider under Direct Award.

Re-opening Competition

Where not all of the terms are laid down in the Framework Agreement, a Call-Off Contract can be awarded using a Mini-Competition. When re-opening competition in this way, it is important to understand this does not mean that basic terms can be renegotiated, or that the specification or statement of requirements used in setting up the Framework Agreement can be changed. It is more a matter of supplementing or refining the basic terms to reflect particular circumstances. The terms which may be refined include the following: particular delivery timescales; particular invoicing arrangements and payment profiles; additional security needs; incidental charges; particular associated services, eg installation, maintenance and training; particular mixes of quality systems and rates; particular mixes of rates and quality; where the terms include a price mechanism; individual special terms (e.g. specific to the particular goods/services/goods and services

that will be provided to meet a particular requirement under the Framework Agreement).

When awarding a Call-Off Contract using a Mini-Competition, the Authority/OCB should generally use the criteria laid down by the Authority for the award of the Framework Agreement. If necessary, the award criteria used for the Mini-Competition can be different to the original award criteria but they should be related. For Mini-Competitions it is possible for the Authority/OCB to vary the weightings given to each of the criteria provided this is set out clearly in the invitation to tender for the Mini-Competition.

The Mini-Competition must include all Providers who have been admitted to the Framework Agreement who are capable of performing the particular Call-Off Contract. Often, this will mean that all Providers admitted to the Framework Agreement, or, where the requirement has been divided into Lots, all Providers appointed to a particular Lot.

2.5 The Authority reserves the right not to conclude any Framework Agreement(s) as a result of the current procurement process.

3 Lots [if applicable]

Guidance note - number of Providers - check for consistency with the OJEU Contract Notice - section II.1.4 that “several operators” was specified and if so the number specified or the maximum number of providers envisaged in each Lot.

Guidance note – cross-check with the OJEU Contract Notice - section II.1.8 whether it was specified that the [goods/services/goods and services] were to be divided into Lots, or that the right was reserved to divide the requirement into Lots under section II.2.1.

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Guidance note – If the Procurement Strategy or Sourcing Strategy concluded that the framework would involve multiple Providers, then subject to the wording of the OJEU Contract Notice consideration should be given to whether the requirement should be divided into separate Lots with one or more Lot(s) containing standard [goods/services/goods and services] with Direct Award of Call Off Contracts and a separate Lot(s) for non standard (competed) requirements i.e. where there is variability of the standard offering or where the terms laid down in the Framework Agreement are not precise enough for the particular Call Off Contract . These should then be listed by the Authority as the Standard Goods/Services and Competed Goods/Services in Schedule 1 of the Framework Agreement.

Guidance note - In running Mini-Competitions Contracting Bodies should take note of the extent to which changes to requirements and/or the terms of the Framework Agreement can be modified under the Regulations.

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3.1 The [goods/services/goods and services] covered by this procurement exercise have been sub-divided into [insert number] categories (referred to in the OJEU Contract Notice as “Lots”), namely:

LOT DESCRIPTION METHOD OF AWARD OF CALL OFF CONTRACTS

LOT 1 [insert description of the Lot] [insert method by which Call Off Contracts will be awarded – either Direct Award or by Mini-Competition”]

LOT 2 -ditto- -ditto-





3.2 The Authority anticipates that it will enter into a Framework Agreement with between [[insert number] of Providers] or [a maximum of [insert number] of Providers] for each of the Lots.

Guidance note – the above paragraph may need to be amended to reflect the number of Providers which the Authority intends to enter into the Framework Agreement with in respect of each of the Lots.

3.3 Following the outcome of the evaluation of PQQ responses Tenderers have previously been notified which of the Lots they will be invited to Tender for.

3.4 [The Call-Off Contracts may contain different provisions for each Lot].

Guidance note – if this is indeed the case the Call Off Contract terms and conditions must be duly amended prior to the dispatch of the ITT and the Tenderer‟s attention drawn the relevant changes and details provided which Lot(s) the changes are applicable to.

3.5 It is intended that each time the Authority (and/or any Other Contracting Body) re-opens competition and runs a mini competition for the award of a Call Off Contract under the multi Provider Framework then the award decision will be based on the following criteria:

Guidance note - the competed goods/services award criteria to be applied to tenders evaluated under any mini competition must be related to the original criteria used to award the Framework Agreements and will be set out at Schedule 2 of the Framework Agreement.

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TABLE 3.6 – COMPETED GOODS/SERVICES AWARD CRITERIA AND WEIGHTINGS

LOT CRITERIA FOR MINI COMPETITIONS UNDER THE MULTI-PROVIDER FRAMEWORK

WEIGHTINGS

LOT 1 [insert proposed mini competition evaluation criteria as specified in the original OJEU Notice or as otherwise modified for this ITT]

To be set by Authority/OCB conducting mini-competiton


To be by Authority/OCB conducting mini-competition


To be set by Authority/OCB conducting mini-competition


To be by Authority/OCB conducting mini-competition


To be set by Authority/OCB conducting mini-competition

3.7 The Authority and the relevant Other Contracting Bodies reserve the right to use reverse electronic auctions in order when conducting mini competitions between Providers under the Framework.

4 Orders Under Multiple Provider Frameworks

4.1 In the event that the Authority (and/or any OCB) decides to use this multi Provider Framework to source [goods/services/goods and services] it is expected that the following process will be applied:

4.1.1 Prior to any OCB conducting any Mini-competitions or making any Direct Awards under the Framework Agreement they will complete and submit a participation agreement to the Authority, or as applicable, the body managing the Framework Agreement notifying them that the Framework Agreement meets their requirements and that they intend to award Call Off Contracts under the Framework Agreement. Following submission of the participation agreement the relevant OCB will send a letter to the Provider(s) putting them on notice that they intend to award Call Off Contracts under the Framework Agreement.

4.1.2 For Standard [Goods]/[Services] which are subject to Direct Award the Authority or relevant OCB will award a Call Off Contract to the appropriate provider by application of the direct award mechanism contained in the Framework Agreement.

4.1.3 This means that the Authority/OCB will apply the award criteria set out in Section 2, Table 2.2 on page [50] of this ITT to select the Provider which it will then place an Order with.

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4.1.4 For Competed [Goods]/[Services] the Authority or any relevant OCB will run a Mini-Competition. This will involve inviting tenders from those Provider‟s capable of performing the proposed Call Off Contract and requesting “sealed bids” from Providers included on the relevant Lots who have been qualified to deliver those particular [goods/services/goods and services] requesting, for example,

particular delivery timescales; particular invoicing arrangements and payment profiles; additional security needs; incidental charges; particular associated services, eg installation, maintenance and training; particular mixes of quality systems and rates; particular mixes of rates and quality; where the terms include a price mechanism;

individual special terms (e.g. specific to the particular goods/services/goods and services that will be provided to meet a particular requirement under the Framework Agreement).

4.1.5 The Provider submitting the most economically advantageous “sealed bid” in accordance with the criteria set out in Table 3.6 above will be awarded the Call Off Contract.

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Section 2 Tendering Process

Version 1.0

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Part A – Instructions to Tenderers 26

1 General 28

2 Bidders Conference 29

3 Confidentiality 29

4 Freedom of Information 30

5 Tender Validity 30

6 Timescales 30

7 Authority’s Contact Details 31

8 Intention to Submit a Tender 31

9 Preparation of Tender 32

10 Submission of Tenders 32

11 Canvassing 35

12 Disclaimers 35

13 Collusive Behaviour 35

14 No Inducement or Incentive 36

15 Acceptance and Admission to the Framework Agreement 36

16 Queries Relating to Tender 36

17 Amendments to Tender Documents 37

18 Late Tenders 37

19 Proposed Amendments to the Framework Agreement and/or Call Off Order

Documents by the Tenderer 37

20 Modification and Withdrawal 37

21 Right to Reject/Disqualify 38

22 Right to Cancel, Clarify or Vary the Process 38

23 Customer References 38

24 Notification of Award 38

25 Debriefing 38

26 Statement of Compliance 39

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Part B – Tender Evaluation 39

1 Introduction 41

2 Evaluation of Tenders 41

3 Evaluation Process 42

4 Award of Framework Agreement 43

Schedule 1: Form of Tender 45

Schedule 2: Collusive Tendering 48

Schedule 3: Canvassing 49

Schedule 4: Confirmation of PQQ Submission 50

Schedule 5: Tender Response and Statement of Compliance 51

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Section 2 – Part A Instructions to Tenderers

Version 1.0

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1 General

1.1 These instructions are designed to ensure that all Tenderers are given equal and fair consideration. It is important therefore that you provide all the information asked for in the format and order specified. Please contact [insert the name, address and e-mail address of the designated Authority contact or in their absence [insert the name address and e-mail address of the designated alternative Authority contact] if you have any doubt as to what is required or will have difficulty in providing the information requested.

Guidance note: if the tendering exercise is to be conducted via an e-tendering tool the above paragraph will need to be amended to reflect how the tool will deal with communications between the Authority and the Tenderers.

1.2 Tenderers should read these instructions carefully before completing the Tender documentation. Failure to comply with these requirements for completion and submission of the Tender Response may result in the rejection of the Tender. Tenderers are advised therefore to acquaint themselves fully with the extent and nature of the [goods/services/goods and services] and contractual obligations. These instructions constitute the Conditions of Tender. Participation in the tender process automatically signals that the Tenderer accepts these Conditions of Participation.

1.3 All material issued in connection with this ITT shall remain the property of the Authority and/or as applicable relevant OCB and shall be used only for the purpose of this procurement exercise. All Due Diligence Information shall be either returned to the Authority or securely destroyed by the Tenderer (at the Authority‟s option) at the conclusion of the procurement exercise.

1.4 The Tenderer shall ensure that each and every sub-contractor, consortium member and adviser abides by the terms of these instructions and the Conditions of Tender.

1.5 The Tenderer shall not make contact with any other employee, agent or consultant of the Authority or any relevant OCB who are in any way connected with this procurement exercise during the period of this procurement exercise, unless instructed otherwise by the Authority.

1.6 The Authority shall not be committed to any course of action as a result of:

issuing this ITT or any invitation to participate in this procurement exercise;

an invitation to submit any Response in respect of this procurement exercise;

communicating with a Tenderer or a Tenderer‟s representatives or agents in respect of this procurement exercise; or

any other communication between the Authority and/or any relevant OCB (whether directly or by its agents or representatives) and any other party.

1.7 Tenderers shall accept and acknowledge that by issuing this ITT the Authority shall not be bound to accept any Tender and reserves the right not to conclude a Framework Agreement for some or all of the [goods/services/goods and services] for which Tenders are invited.

1.8 The Authority reserves the right to amend, add to or withdraw all, or any part of this ITT at any time during the procurement exercise.

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2 Bidders Conference [if applicable] 2.1 A Bidders‟ Conference will be held on [Insert date and location]. The conference will provide

Tenderers with an opportunity to seek clarification on any matters relating to the ITT and the requirements in an open forum. Further details are included in the letter accompanying this ITT.

As space is at a premium, please nominate a maximum of [insert number] key personnel to attend. Details of those attending must be provided to the Authority [insert name of designated Authority contact, telephone number and e-mail address as in paragraph 1.1] by no later than [insert time and date].

Guidance note: this should be included in the letter accompanying the ITT and cross-referenced here

Guidance note: if the tendering exercise is to be conducted via an e-tendering tool the above paragraph will need to be amended to be consistent with the information set out in paragraph 1.1

3 Confidentiality

3.1 Subject to the exceptions referred to in paragraph 3.2, the contents of this ITT are being made available by the Authority on condition that:

3.1.1 Tenderers shall at all times treat the contents of the ITT and any related documents (together called the „Information‟) as confidential, save in so far as they are already in the public domain;

3.1.2 Tenderers shall not disclose, copy, reproduce, distribute or pass any of the Information to any other person at any time or allow any of these things to happen;

3.1.3 Tenderers shall not use any of the Information for any purpose other than for the purposes of submitting (or deciding whether to submit) a Tender; and

3.1.4 Tenderers shall not undertake any publicity activity within any section of the media.

3.2 Tenderers may disclose, distribute or pass any of the Information to the Tenderer‟s advisers, sub-contractors or to another person provided that either:

3.2.1 This is done for the sole purpose of enabling a Tender to be submitted and the person receiving the Information undertakes in writing to keep the Information confidential on the same terms as if that person were the Tenderer; or

3.2.2 The Tenderer obtains the prior written consent of the Authority in relation to such disclosure, distribution or passing of Information; or

3.2.3 The disclosure is made for the sole purpose of obtaining legal advice from external lawyers in relation to the procurement or to any Framework Agreement arising from it; or

3.2.4 The Tenderer is legally required to make such a disclosure.

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3.3 In paragraphs 3.1 and 3.2 above the definition of „person‟ includes but is not limited to any person, firm, body or association, corporate or incorporate.

3.4 The Authority may disclose detailed information relating to Tenders to its officers, employees, agents or advisers and the Authority may make any of the Framework Agreement documents available for private inspection by its officers, employees, agents or advisers. The Authority also reserves the right to disseminate information that is materially relevant to the procurement to all Tenderers, even if the information has only been requested by one Tenderer, subject to the duty to protect each Tenderer's commercial confidentiality in relation to its Tender (unless there is a requirement for disclosure under the Freedom of Information Act, as explained in paragraphs 4.1 to 4.3 below).

4 Freedom of Information

4.1 In accordance with the obligations and duties placed upon public authorities by the Freedom of Information Act 2000 (the „FoIA‟), the Authority may, acting in accordance with the Secretary of State‟s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the said Act, or the EIR be required to disclose information submitted by the Tenderer to the to the Authority.

4.2 In respect of any information submitted by a Tenderer that it considers to be commercially sensitive the Tenderer should:

4.2.1 Clearly identify such information as commercially sensitive;

4.2.2 Explain the potential implications of disclosure of such information; and

4.2.3 provide an estimate of the period of time during which the Tenderer believes that such information will remain commercially sensitive.

4.3 Where a Tenderer identifies information as commercially sensitive, the Authority will endeavour to maintain confidentiality. Tenderers should note, however, that, even where information is identified as commercially sensitive, the Authority may be required to disclose such information in accordance with the FoIA or the Environmental Information Regulations. In particular, the Authority is required to form an independent judgment concerning whether the information is exempt from disclosure under the FoIA or the EIR and whether the public interest favours disclosure or not. Accordingly, the Authority cannot guarantee that any information marked „confidential‟ or “commercially sensitive” will not be disclosed.

4.4 Where a Tenderer receives a request for information under the FoIA or the EIR during the procurement process, this should be immediately passed on to the Authority and the Tenderer should not attempt to answer the request without first consulting with the Authority.

5 Tender Validity

5.1 Your Tender should remain open for acceptance for a period of [insert number] days. A Tender valid for a shorter period may be rejected.

Guidance note – a minimum of 60 days is suggested but this should be reviewed and amended to comply with the Authority‟s policy and/or the complexity of the procurement.

6 Timescales

6.1 Set out below is the proposed procurement timetable. This is intended as a guide and whilst the Authority does not intend to depart from the timetable it reserves the right to do so at any stage.

DATE STAGE

[insert date] ITT to be issued to short-listed Tenderers by the Authority

[insert date] Tenderers confirm receipt of ITT pack

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[insert date] Bidders conference

[insert date] Deadline for Tenderers to confirm intention to submit ITT Response

[insert date] Clarification period opens

[insert date] Clarification period closes

[1100] GMT [insert date]

Closing date and time for receipt by the Authority of Tenderer Responses to the ITT

[insert date] Evaluation of ITT Responses commences

[insert date] If not undetaken at an earlier stage in the procurement process, Reference Site visits

[insert date] Notification of proposed appointment(s) to Framework

[insert date] Expiry of standstill period required under Regulation 32 of the Public Contracts Regulations 2006

[insert date] Appointment of Provider(s) to Frameworks(s)

[insert date] Commencement Date of Framework Agreement

[insert date] Implementation

Guidance note – the above timetable is based on the assumption that the Restricted Procedure is being used, if this is not the case and either the Open or the Competitive Dialogue Procedure is being used the timetable should be amended to match the procedural steps under the particular procedure being followed.

Guidance note – if it is intended that implementation commences prior to provision of the [goods/services/goods and services] reverse the order of the last two rows in the table above.

7 Authority’s Contact Details

7.1 Unless stated otherwise in these Instructions or in writing from the Authority, all communications from Tenderers (including their sub-contractors, consortium members, consultants and advisers) during the period of this procurement exercise must be directed to the designated Authority contact named in paragraph 1.1 above.

Guidance Note: if the tendering exercise is to be conducted via an e-tendering tool the above paragraph will need to be amended to be consistent with, and cross-referenced to paragraph 1.1 to reflect how the tool will deal with communications between the Authority and the Tenderers.

7.2 All communications should be clearly headed Invitation to Tender for [insert details of Tender and reference number as per front sheet of ITT] and include the name, contact details and position of the person making the communication.

Requests for Tender clarifications must be submitted in accordance with the procedure set out in paragraph 16 – Queries Relating to Tender.

8 Intention to Submit a Tender

8.1 Tenderers must complete the Invitation To Tender Acknowledgement pro-forma appended to the ITT covering letter indicating that they intend to submit a Tender and be bound by the Conditions of Tender and return it to [insert name of designated Authority contact] at the address provided at paragraph 1.1 above no later than [insert date - xx month 20xx].

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Guidance Note – Ensure consistency with the ITT covering letter

Guidance Note: if the tendering exercise is to be conducted via an e-tendering tool the above paragraph will need to be amended to be consistent with, and cross-referenced to the ITT covering letter and paragraph 1.1 to reflect how the tool will deal with communications between the Authority and the Tenderers.

8.2 In the event that a Tenderer does not wish to participate further in this procurement exercise, the Tenderer should indicate such on the Tender Acknowledgement pro-forma and return it with the complete ITT document set to [insert name of designated Authority contact] at the address provided at paragraph 1.1 above.

Guidance Note: if the tendering exercise is to be conducted via an e-tendering tool the above paragraph will need to be amended to be consistent with, and cross-referenced to paragraph 1.1 to reflect how the tool will deal with communications between the Authority and the Tenderers.

9 Preparation of Tender

9.1 Tenderers must obtain for themselves at their own responsibility and expense all information necessary for the preparation of Tenders. Tenderers are solely responsible for the costs and expenses incurred in connection with the preparation and submission of their Tender and all other stages of the selection and evaluation process. Under no circumstances will the Authority, or any of their advisers, be liable for any costs or expenses borne by Tenderers, sub-contractors, suppliers or advisers in this process.

9.2 Tenderers are required to complete and provide all information required by the Authority in accordance with the Conditions of Tender and the Invitation to Tender. Failure to comply with the Conditions and the Invitation to Tender may lead the Authority to reject a Tender Response.

9.3 The Authority relies on Tenderers' own analysis and review of information provided. Consequently, Tenderers are solely responsible for obtaining the information which they consider is necessary in order to make decisions regarding the content of their Tenders and to undertake any investigations they consider necessary in order to verify any information provided to them during the procurement process.

9.4 Tenderers must form their own opinions, making such investigations and taking such advice (including professional advice) as is appropriate, regarding the [suppliers/services goods and services] and their Tenders, without reliance upon any opinion or other information provided by the Authority or their advisers and representatives. Tenderers should notify the Authority promptly of any perceived ambiguity, inconsistency or omission in this ITT, any of its associated documents and/or any other information issued to them during the procurement process.

10 Submission of Tenders

10.1 The Tender must be submitted in the form specified in the Form of Tender instructions in Section Two: Schedule One. Failure to do so may render the Response non-compliant and it may be rejected.

10.2 The Authority may at its own absolute discretion extend the closing date and the time for receipt of Tenders specified in paragraph [insert “10.10” (paper based Tenders) or “10.4” (electronic Tenders)].

10.3 Any extension granted under paragraph 10.2 will apply to all Tenderers.

Insert the following clauses for a paper based tendering exercise:

10.4 Tenderers must submit:

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10.4.1 one original bound priced hard copy of their Tender (clearly marked Master Copy);

10.4.2 [insert number] priced hard copies of their Tender; and

10.4.3 [insert number] unpriced hard copies of their Tender.

All in the form specified in the Form of Tender, The original and the copies must be provided on single-side A4 paper, double spaced, in Arial with a minimum size 11 font and securely bound and signed by the Tenderer‟s authorised representative.

10.5 In line with Government objectives to achieve ISO14001:2004 (Environmental Management Systems), the Authority asks that you do not include any of the following with your Tender:

10.6 Any lever arch folder or ring binder; or any extraneous information that has not been specifically requested in the ITT including, for example, sales literature, Tenderers‟ standard terms and conditions etc.

10.7 In addition to the hard copies, Tenderers are requested to submit [xx] copies of their Response on a CD-Rom with the narrative in Microsoft Word [insert required version] and the financial data in Microsoft Excel [insert required version] or in backwardly compatible equivalents.

10.8 The Tender and any documents accompanying it must be in the English language.

10.9 Price and any financial data provided must be submitted in or converted into pounds sterling. Where official documents include financial data in a foreign currency, a sterling equivalent must be provided.

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10.10 An address label that must be used when submitting the Tender Response is enclosed with this ITT. Envelopes and packages must bear no reference to the Tenderer by name. Tenders are to be returned and received by the Authority at [repeat full name and address as set out on the return label referred to in para 10.10] by no later than [insert closing date and time for receipt of Tenders].

10.11 Tenders must be received at the reception or if no reception is available in the post room at the address above by [insert closing date and time for receipt of Tenders] (“the Deadline”). Envelopes and packages should not bear any reference to the Tenderer by name.

Guidance note – the Authority should provide guidance to Tenderers regarding submission of bids personally by hand at the Authority‟s premises. Any internal receipting procedures should be clearly set out and clarity of such procedures understood by all persons (including Authority staff) likely to be involved in the receipt of Responses. The Authority should also be aware of the need to understand the issues associated with receiving large volumes of Responses in a busy public area and if possible should test out the receipting procedures prior to receipt of Responses.

10.12 Tenders will be received any time up to the deadline stated above. Tenders received before this deadline will be retained in a secure environment, unopened until the opening date.

10.13 The Authority does not accept responsibility for the premature opening or mishandling of Tenders that are not submitted in accordance with these instructions.

Insert the following clauses for an eTendering Exercise:

10.4 You must submit your Tender via the Authority‟s e-tendering tool at [insert URL address and link] no later than [insert closing date and time for receipt of Tenders] (“the Deadline”). Tenders may be submitted at any time before the closing date. Tenders received before this deadline will be retained unopened until the opening date.

10.5 The Tender and any documents accompanying it must formatted in ADOBE read only format and be in the English language.

10.6 Price and any financial data provided must be submitted in or converted into pounds sterling. Where official documents include financial data in a foreign currency, a sterling equivalent must be provided.

10.7 The Authority does not accept responsibility for the premature opening or mishandling of Tenders that are not submitted in accordance with these instructions.

10.8 Tenderers should not include in the Tender any extraneous information which has not been specifically requested in the ITT including, for example, any sales literature, standard terms of trading etc.

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11 Canvassing

11.1 Any Tenderer who directly or indirectly canvasses any officer, member, employee, or agent of the Authority or its members or any relevant OCB or any of its officers or members concerning the establishment of the Framework Agreement or who directly or indirectly obtains or attempts to obtain information from any such officer, member, employee or agent or concerning any other Tenderer, Tender or proposed Tender will be disqualified.

12 Disclaimers

12.1 Whilst the information in this ITT, Due Diligence Information and supporting documents has been prepared in good faith, it does not purport to be comprehensive nor has it been independently verified.

12.2 Neither the Authority, nor any relevant OCBs nor their advisors, nor their respective directors, officers, members, partners, employees, other staff or agents:

(a) makes any representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of the ITT; or

(b) accepts any responsibility for the information contained in the ITT or for their fairness, accuracy or completeness of that information nor shall any of them be liable for any loss or damage (other than in respect of fraudulent misrepresentation) arising as a result of reliance on such information or any subsequent communication.

12.3 Any persons considering making a decision to enter into contractual relationships with the Authority and/or, as applicable, relevant OCB following receipt of the ITT should make their own investigations and their own independent assessment of the Authority and/or, as applicable, relevant OCB and its requirements for the [goods/services/goods and services] and should seek their own professional financial and legal advice. For the avoidance of doubt the provision of clarification or further information in relation to the ITT or any other associated documents (including the Schedules) is only authorised to be provided following a query made in accordance with paragraph 16 of this Invitation to Tender.

12.4 Any Framework Agreement concluded as a result of this ITT shall be governed by English law.

13 Collusive Behaviour

13.1 Any Tenderer who:

(a) fixes or adjusts the amount of its Tender by or in accordance with any agreement or arrangement with any other party; or

(b) communicates to any party other than the Authority or, as applicable, relevant OCB the amount or approximate amount of its proposed Tender or information which would enable the amount or approximate amount to be calculated (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Tender or insurance or any necessary security); or

(c) enters into any agreement or arrangement with any other party that such other party shall refrain from submitting a Tender; or

(d) enters into any agreement or arrangement with any other party as to the amount of any Tender submitted; or

(e) offers or agrees to pay or give or does pay or give any sum or sums of money, inducement or valuable consideration directly or indirectly to any party for doing or having done or causing or having caused to be done in relation to any other Tender or proposed Tender, any act or omission, shall (without prejudice to any other civil remedies available to the Authority and without prejudice to any criminal liability which such conduct by a Tenderer may attract) be disqualified.

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14 No Inducement or Incentive

14.2 The ITT is issued on the basis that nothing contained in it shall constitute an inducement or incentive nor shall have in any other way persuaded a Tenderer to submit a Tender or enter into the Framework Agreement or any other contractual agreement.

15 Acceptance and Admission to the Framework Agreement

15.1 The Tenderer in submitting the Tender undertakes that in the event of the Tender being accepted by the Authority and the Authority confirming in writing such acceptance to the Tenderer, the Tenderer will within 30 days of being called upon to do so by the Authority execute the Framework Agreements in the form set out in Schedule 6 or in such amended form as may subsequently be agreed.

15.2 The Authority shall be under no obligation to accept the lowest or any Tender.

16 Queries Relating to Tender

16.1 All requests for clarification about the requirements or the process of this procurement exercise shall be made in accordance with 16.3 of these Instructions.

16.2 The Authority will endeavour to answer all questions as quickly as possible, but cannot guarantee a minimum response time. The Public Contracts Regulation 2006 require that Contracting Authorities respond to any request for clarification at least 4 days‟ before the deadline for receipt of Tenders. In order to satisfy this requirement, the Authority has designated a specific window of time to deal with clarification requests from Tenderers

16.3 Clarification requests can be submitted [via e-mail only] to [for paper based tenders only insert name and e-mail address of the Authority‟s designated contact point as detailed in para 1.1] from [insert date]. [for e-tendering based tenders insert nominated “system” contact point] from [insert date].

16.4 No further requests for clarifications will be accepted after [insert date approximately two weeks prior to the Deadline for the receipt of Tenders]

16.5 In order to ensure equality of treatment of Tenderers, the Authority intends to publish the questions and clarifications raised by Tenderers together with the Authority‟s responses (but not the source of the questions) to all participants on a regular basis.

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16.6 Tenderers should indicate if a query is of a commercially sensitive nature – where disclosure of such query and the answer would or would be likely to prejudice its commercial interests. However, if the Authority at its sole discretion does not either; consider the query to be of a commercially confidential nature or one which all Tenderers would potentially benefit from seeing both the query and Authority‟s response, the Authority will:

16.6.1 invite the Tenderer submitting the query to either declassify the query and allow the query along with the Authority‟s response to be circulated to all Tenderers; or

16.6.2 request the Tenderer, if it still considers the query to be of a commercially confidential nature, to withdraw the query.

16.7 The Authority reserves the right not to respond to a request for clarification or to circulate such a request where it considers that the answer to that request would or would be likely to prejudice its commercial interests.

17 Amendments to Tender Documents

17.1 At any time prior to the deadline for the receipt of Tenders, the Authority may modify the ITT by amendment. Any such amendment will be numbered and dated and issued by the Authority to all prospective Tenderers by [insert date which at least two weeks prior to the Deadline for the submission of Tenders]. In order to give prospective Tenderers reasonable time in which to take the amendment into account in preparing their Tenders, the Authority may, at its discretion, extend the Deadline for receipt of Tenders.

18 Late Tenders

18.1 Any Tender received at the designated point after [insert the Deadline for receipt of Tenders as per para 10.10 (paper based Tenders) or 10.4 (electronic Tenders)] may be rejected unless the Tenderer can provide irrefutable evidence that the Tender was capable of being received by the due date and time.

19 Proposed Amendments to the Framework Agreement by the Tenderer

19.1 As the Authority is using the restricted procedure as detailed in the Public Contracts Regulations 2006 it is prevented from undertaking negotiation of the Framework Agreement. However, amendments by Tenderers and/or the Authority to clarify its terms are permitted.

19.2 The Authority will consider proposed amendments strictly on their merits and within the limits imposed by the Regulations.

19.3 Any proposed amendments to the Framework Agreement must be detailed separately on the Proposed Amendments form included at Schedule 10, and returned with the Tenderer‟s ITT Response.

19.4 Where the Authority makes changes to the Framework Agreement as a result of the proposals received it will circulate the amended Framework Agreement to all Tenderers.

20 Modification and Withdrawal

20.1 Tenderers may modify their Tender prior to the Deadline by giving notice to the Authority in writing or via electronic submission to [insert details of designated Authority contact as per para 1.1]. No Tender may be modified subsequent to the Deadline for receipt.


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20.2 The modification notice must state clearly how the Authority should implement the modification and must be submitted in accordance with the provisions of [paragraph 10.10 (for paper based tenders) or 10.4 (for electronic tenders)].

20.3 Tenderers may withdraw their Tender at any time prior to the Deadline or any other time prior to accepting the offer of a Framework Agreement. The notice to withdraw the Tender must be in writing and sent to the Authority by recorded delivery or equivalent service and delivered to the Authority at the address set out in paragraph 1.1 -.General of this Section 2.


21 Right to Reject/Disqualify

21.1 The Authority reserves the right to reject or disqualify a Tenderer where:

(a) the Tenderer fails to comply fully with the requirements of this Invitation to Tender or is guilty of a serious misrepresentation in supplying any information required in this document; or expression of interest; or PQQ; and/or

(b) the Tenderer is guilty of serious misrepresentation in relation to its Tender; expression of interest; the PQQ and/or the Tender process; and/or

(c) there is a change in identity, control, financial standing or other factor impacting on the selection and/or evaluation process affecting the Tenderer.

22 Right to Cancel, Clarify or Vary the Process

22.1 The Authority reserves the right to:

(a) amend the terms and conditions of the Invitation to Tender process,

(b) cancel the evaluation process at any stage; and/or

(c) require the Tenderer to clarify its Tender in writing and/or provide additional information. (Failure to respond adequately may result in the Tenderer not being selected),

23 Customer References [if appropriate] 23.1 Unless already taken up at an earlier stage in the procurement process and after the receipt

of Tenders, the Authority may visit at least one customer reference site of the Tenderer and may seek written references from any other designated customers which are not visited.

24 Notification of Award

24.1 The Authority will notify the successful Tenderer(s) of their admission to the Framework Agreement in writing and will publish an Award Notice in the Official Journal of the European Union in accordance with the Public Contracts Regulations 2006 within 48 days of the award of the contract.

25 Debriefing

25.1 Following the conclusion of the Framework Agreement, all unsuccessful Tenderers will be afforded the opportunity of a debriefing. Unsuccessful Tenderers should notify the Authority in writing that they wish to be debriefed. The Authority will formally debrief the unsuccessful Tenderer within 15 days of receiving such a request.

25.2 Where an unsuccessful Tenderer requests, in writing and no later than midnight on the second working day after being informed of the conclusion of the Framework Agreement, the reasons why that Tenderer was unsuccessful, the Authority will provide details of the characteristics and relative advantages of the successful Tender(s).

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26 Statement of Compliance

A Statement of Compliance can be found at Section 2, Schedule Five. This will be used by the Authority for checking the completeness of all returned Tenders in accordance with the said Schedule Five. Tenderers shall ensure a response is provided for each item listed on the Statement of Compliance. Failure to do so may result in the Tenderer being disqualified from the award process.

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Section 2 – Part B Tender Evaluation

Version 1.0

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27 Introduction

27.1 The Tender process will be conducted to ensure that Tenders are evaluated fairly to ascertain the most economically advantageous tender.

Guidance note – government policy is to award on the basis of value for money, which is the optimum combination of quality and whole-life costs to meet the user requirements which, when commonly translated, means the most economically advantageous tender or MEAT.

Guidance note: The OJEU Contract Notice is required to stipulate in section IV.2.1 the relevant award criteria Please ensure that the award criteria specified in this ITT is consistent with the award criteria published in the relevant OJEU Contract Notice.

Account will also be taken of any factors which may impact on the Tenderers suitability that emerge from the tendering process and relate to information previously provided by the Tenderer as part of the pre-qualification process. If the Tenderers circumstances have changed significantly from the position stated in the PQQ this may lead to the Tenderer no longer being able to participate further in the Tender process.

28 Evaluation of Tenders for selection onto the Framework

28.1 Tenderers Response to the questions contained in the Response Requirement and their Response to the Specification along with pricing information and any other information, specifically related to the evaluation of Tenders and requested by the Authority in this ITT will be evaluated against [insert the number] of high level criteria, details of which can be found in Table 2.2 below:

TABLE 2.2: HIGH LEVEL EVALUATION CRITERIA FOR SELECTION OF PROVIDERS ONTO THE FRAMEWORK

CRITERION [PERCENTAGE WEIGHTINGS]

[PERCENTAGE RANGES]

[RANKINGS]

[insert criterion] [insert number]% [range of %s] or [ranking of the criterion]






Guidance note - The Evaluation Criteria must be linked to the subject matter of this procurement and could include, in no particular order and, as applicable, a mixture of the following criteria:

Quality, price, technical merit, aesthetic and functional characteristics, sustainability characteristics, running costs, cost effectiveness, after sales service, technical assistance, delivery date and delivery period and period of completion.

Exact weightings, a range of weightings (maximum and minimum); or where the Authority is of the opinion that it is not possible to provide weightings on objective grounds, an indication of the priority of importance in descending order must also be provided in the table above.

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The high level criteria should also be linked to the criteria detailed in Table 3.6 – Mini Competition Award Criteria and Weightings.

28.2 Tenderers will be admitted to a Framework Agreement who, in the opinion of the Authority at the conclusion of the evaluation, offers the most economically advantageous Tender(s) to the Authority having regard to the award criteria set out in table 2.2 above.

Guidance note – ensure consistency with paragraph 28.1 above

29 Evaluation Process

Guidance note – the process set out below up to and including Phase 3 can be carried out in the traditional manner whereby evaluators read written responses submitted in hard copy. They are scored individually and consensus is reached, scores recorded manually etc. The same evaluation process can also be applied to responses that are submitted electronically via an e-procurement tool. The key differences are in how the process is developed to facilitate at desk online viewing of tender documents, how scores are recorded on the online evaluation tool, how moderation takes place etc. Persons drafting ITTs need to be aware that the “traditional suite” paper response templates and instructions regarding completion of the same, compliance checking templates etc and traditional paper evaluation documentation and forms will likely need to be developed on specialist templates online in the relevant e-tendering tool.

29.1 The evaluation process will feature some, if not all, the following phases:

29.1.1 Phase 1 – Compliance Checks

(a) Receipt and Opening

ITT Responses will be formally logged upon receipt in accordance with the Authority‟s procurement procedures. Any ITT Response that is received at the designated point after the deadline may be rejected and not considered for evaluation.

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(b) Compliance Check

A small team from the Authority‟s Procurement/Commercial [Directorate/Division/ Branch/Team] will then check the Statement of Compliance; completion of which is mandatory. Tenderers are required to confirm in the Statement of Compliance that they have provided a Response including, where applicable, any evidence requested against each of the requirements, as directed, in the Specification, the Technical Requirements, the Response Requirements and the Commercial Response Requirements. In the event that a Tenderer is unable to provide a positive response for any of the requirements, or a detailed reason as to why a positive response cannot be given, the Authority may either exclude the Tenderer from further participation in the evaluation process or, at its discretion, may seek clarification. In the case of the latter, a failure by the Tenderer to provide a satisfactory response within the deadline specified in the request for clarification may result in its disqualification from the evaluation process.

The evaluation of Tenders will, as applicable, proceed through some, or all of the following phases of evaluation:

29.1.2 Phase 2 – Independent Evaluation of Tender Responses

(a) Qualitative/Technical Evaluation

(b) Quantitative/Commercial Evaluation

29.1.3 Phase 3 - Moderation of Scores

Moderation and merging of qualitative and quantitative evaluation scores/rankings to produce preliminary ranking

29.1.4 Phase 4 - Bidder Presentations/Clarification Meetings

29.1.5 Phase 5 – Customer References [if not taken up as part of the PQQ process]

(a) Customer Reference Site Visits

(b) Taking up of written customer references

29.1.6 Final moderation meeting to moderate and merge scores gathered from Customer Reference Site Visits and/or written reference to produce final ranking.

29.1.7 Evaluation Report and Recommendation

29.1.8 Approvals

30 Award of Framework Agreement

30.1 The Authority will inform all Tenderers [in writing or via the e-procurement messaging tool] of any intention to award a Framework Agreement. Following a minimum standstill period of 10 calendar days, subject to there being no substantive challenge to that intention, a Framework Agreement will be formally awarded to the successful Tenderer(s).

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30.2 All unsuccessful Tenderers will be provided with an “unsuccessful letter “[in writing via email or via the e-procurement messaging tool] at the start of the standstill period notifying them of the outcome of the evaluation exercise. This will include details of:

the award criteria;

the score of the Tenderer;

the name of the successful Tenderer/s and why that Tenderer was successful;

the score for the successful Tenderer/s.

30.3 Unsuccessful Tenderers will be able to seek a debrief in accordance with paragraph 25.

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Schedule 1: Form of Tender

TO BE COMPLETED BY THE TENDERER

To: [Tenderer to insert name and address of Authority]

Date: [Tenderer to insert date]

PROVISION OF: [Tenderer to insert title of requirements from front sheet of ITT]

REFERENCE NUMBER: Tenderer to insert OJEU Contract Notice reference from front sheet of ITT]

To: The Authority

From: [Tenderer to insert name of organisation submitting Tender ]

Having examined the Invitation to Tender and all other Schedules, and being fully satisfied in all respects with the requirements of the ITT (including the Conditions of Tender). I/We hereby offer to provide [insert details of supply/services/goods and services as per front sheet of ITT] as specified in Section 3 – Specification and/or Section 4 - Technical Requirements at the prices shown in the Section 6: Schedule 7 - Charges for the term of [insert number of years the Framework Agreement is to run for] Guidance note - ensure this accords with the original OJEU Contract Notice and is not more than 4 years and in accordance with the provisions of the Framework Agreement. If this offer is accepted I/we will execute documents in the form of the Framework Agreement within 30 days of being called upon to do so.

** [Paragraph to be inserted if amendments to the ITT or Information Releases have been issued] - and have taken account of subsequent amendments numbered [insert number of first amendment] to [insert number of last amendment] inclusive [and/or]] Information Release [insert number of first Information Release] to [insert number of last Information Release].

I/We confirm that I/we agree with the Authority in legally binding terms to comply with the provisions relating to confidentiality set out in paragraphs 3.1 to 3.4 of the Invitation to Tender.

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In compliance with your requirements as set out in your ITT I have completed and enclose the following documents:

SECTION TWO: SCHEDULE ONE: FORM OF TENDER

SECTION SIX: SCHEDULE SEVEN: CHARGES

SECTION SIX: SCHEDULE EIGHT: COMPANY DETAILS

SECTION SIX: SCHEDULE NINE: REFERENCES

SECTION SIX: SCHEDULE TEN: PROPOSED AMENDMENTS TO THE FRAMEWORK AGREEMENT DOCUMENTS

In compliance with the requirements set out in your Invitation to Tender, which I confirm I have read and fully understand. I also confirm that I have complied with the specific requirements set out in the documents detailed in the table below:

SECTION 2: SCHEDULE TWO: COLLUSIVE TENDERING

SECTION 2: SCHEDULE THREE: CANVASSING

SECTION 2: SCHEDULE FOUR: CONFIRMATION OF PQQ SUBMISSION

SECTION TWO: SCHEDULE FIVE: TENDER RESPONSE AND STATEMENT OF COMPLIANCE

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This Tender shall remain open for acceptance by the Authority for a period of [insert number] days as Section 2: Paragraph 5.1 after the due date for return of tenders specified in the Invitation to Tender.

I warrant that I have all the requisite corporate authority to sign this Tender and confirm that I have complied with all the requirements set out in Section 2; Schedules 2 to 5 inclusive.

Signed for and on behalf of the above named Tenderer:

Signature:

......................................................................................................…............

Position:

......................................................................................................….............

Signature:

......................................................................................................….............

Position:

......................................................................................................…..............

Date:

......................................................................................................…...............

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Schedule 2: Collusive Tendering

TENDER FOR SUPPLY OF [insert details of supply/services/goods and services as per front sheet of ITT]

The essence of the public procurement process is that the Authority shall receive bona fide competitive Tenders from all Tenderers. In recognition of this principle and in signing Schedule 1: Form of Tender I/we warrant this is a bona fide Tender, intended to be competitive and that I/we have not fixed or adjusted the amount of the Tender or the rates and prices quoted by or under or in accordance with any agreement or arrangement with any other party.

I/We also confirm that I/we have not done and undertake that I/we will not do at any time any of the following acts:

Communicate to a party other than the Authority the amount or approximate amount of my/our proposed Tender (other than in confidence in order to obtain quotations necessary for the preparation of the Tender and/or insurance), enter into any agreement or arrangement with any other party that he shall refrain from tendering or as to the amount of any Tender to be submitted, or offer or agree to pay or give or pay or give any sum of money inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused any act or omission to be done in relation to any other tender or the proposed Tender.

In this Schedule:

the word “person” includes any person, body or association, corporate or incorporate

the phrase “any agreement or arrangement” includes any transaction, formal or informal whether legally binding or not.

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Schedule 3: Canvassing


I/We hereby confirm that I/we have not canvassed any member, officer, employee, or agent of the Authority or Other Contracting Body in connection with the award of the Frameworks Agreement for the [goods/services/goods and services] and that no person employed by me/us or acting on my/our behalf has done any such act.

I/We further hereby undertake that I/we will not prior to the conclusion of the Provider selection process canvass or solicit any member, employee, agent or provider of the Authority or Other Contracting Body in connection with the award of the Framework Agreement for the [goods/services/goods and services] or any proposed Call Off Contract for the provision of the [goods/services/goods and services] and that no person employed by me/us or acting on my/our behalf will do any such act.

I/We further acknowledge that, should I/we be appointed as a Provider to the Framework following the conclusion of the Provider selection process, the Authority will permit me/us to approach the Authority and/or Other Contracting Body directly in order the promote the Framework Agreement.

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Schedule 4: Confirmation of PQQ Submission


I/ We hereby certify that any statement made in our PQQ submission remains true and accurate in all material aspects save as specified below: -

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Schedule 5: Tender Response and Statement of Compliance

Tenderers to Note:

The Tenderers‟ Response to the Specification (Section 3); the Technical Requirements (Section 4); the Commercial Requirements and Schedules 7, 8, 9 & 10 and the Statement of Compliance forms the basis against which the Tenderers‟ Response to the ITT will be compliance checked and evaluated. The following Statement of Compliance provides Tenderers with a list of the key areas within their response that must be addressed. Tenderers shall ensure that their overall Response includes evidence of providing/addressing all of these areas. Tenderers must ensure that a yes response is given against each area and the table of Schedules. In the event that a Tenderer is unable to provide a yes response, the Tenderer shall provide a detailed reason as to why a response cannot be given. The Authority may seek to clarify Responses given by a Tenderer but reserves the right to reject any Tender Response, which fails to meet this initial compliance check.

The Tenderers‟ response to the ITT should be divided into five sections:

The five sections are:

1. Executive Summary

2. Response to the Specification

3. Response to the Technical Requirements

4. Response to the Commercial Requirements and completion of Schedules 7, 8, 9 and 10

5. Completion of the Statement of Compliance

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TABLE 1: EXECUTIVE SUMMARY

The executive summary should focus on the key features of the Tenderer‟s Response including all key assumptions made by the Tenderer (but excluding all pricing/financial information)

The objective of the executive summary is to provide the Authority with a clear, concise and complete summary of the Tenderer ‟s Response together with an insight into the reasoning and rationale behind the Response.

The executive summary should be no more than 10 pages of A4 text highlighting the key strengths of the Response to demonstrate how the Tender represents value for money to the Authority.

It is intended that the executive summary should provide a useful introduction to the Response for evaluators, as well as senior stakeholders who may not be involved in the detailed evaluation.

Whilst the executive summary will not be formally evaluated, it will be scrutinised for consistency with your Response and clarification will be sought if required.

The executive summary must only contain information drawn from other areas of your Response and must not contain any new material. Whilst diagrams and photographs may be used, they should be high level and should not be used to support other parts of the Response where more detailed information is required.

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TABLE 2: RESPONSE TO THE SPECIFICATION (SECTION 3)

The following table needs to reflect all the elements of the Specification - Section 3 which require a Response as detailed in Section 5 (2) -Response Requirements

Evidence included in response (yes/no)

Tenderer to cross reference to page number(s) in Section 5 (2) (including paragraph number where appropriate).

Specification Reference

Details of Requirements

[insert a brief summary of Requirement one from the Specification]

[insert a brief summary of Requirement two from the Specification]

[insert a brief summary of Requirement three from the Specification] and so on

Guidance note – the table above will populated by the Tenderer cross referencing his responses contained in Section 5 (2)

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TABLE 3: RESPONSE TO THE TECHNICAL REQUIREMENTS (SECTION 4)

The following table needs to reflect all the elements of the Technical Requirements - Section 4 which requires a Response as detailed in Section 5 (3) -Response Requirements

Evidence included in response (yes/no)

Tenderer to cross reference to page number(s) in Section 5 (3) (including paragraph number where appropriate).

TR Reference Details of Requirements

[insert a brief summary of Technical Requirement one]



Guidance note – the table above will populated by the Tenderer cross referencing his responses contained in Section 5 (3)

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TABLE 4: RESPONSE TO THE COMMERCIAL REQUIREMENTS AND COMPLETION OF SCHEDULES 7, 8, 9 AND 10

Included (Yes/No) Comments

SECTION FIVE: SCHEDULE SEVEN: CHARGES

SECTION FIVE: SCHEDULE EIGHT: COMPANY DETAILS

SECTION FIVE: SCHEDULE NINE: REFERENCES

SECTION FIVE: SCHEDULE TEN: PROPOSED AMENDMENTS TO THE FRAMEWORK DOCUMENTS (please respond with “Yes” even if you have no proposed changes to the draft Framework Agreement

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TABLE 5(a): STATEMENT OF COMPLIANCE

Included (Yes/No) Comments

SECTION TWO: SCHEDULE ONE: FORM OF TENDER

TABLE 5(b): CONFIRMATION OF COMPLIANCE WITH:

Compliant (Yes/No) Comments

SECTION TWO: SCHEDULE TWO: COLLUSIVE TENDERING

SECTION TWO: SCHEDULE THREE: CANVASSING

SECTION TWO: SCHEDULE FOUR: CONFIRMATION OF PQQ SUBMISSION

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Section 3 Specification

Version 1.0

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The specification for the [goods/services/goods and services] should be inserted here.

VPMO Specification guidance and template documentation

http://www.ogc.gov.uk/supplier_selection_and_award_invitation_to_tender_itt.asp

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Section 4 Technical Requirements

(including Mandatory Information Requirements)

Version 1.0

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1 Introduction 61

2 Mandatory and Desireable Requirements 61

3 Mandatory Information Requirements 63

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1 Introduction

This section of the Invitation to Tender sets out the Authority‟s Technical Requirements relating to the provision of the [goods/services/goods and services]. These Technical Requirements are categorised as follows depending on the nature of the [goods/services/goods and services]:

Mandatory Requirement (MR)

Desirable Requirement (DR)

The classification of a Technical Requirement gives an indication of the significance attached to that Requirement relative to any other Requirements. Failure by the Provider to meet any of the Mandatory Requirements will usually mean failure to be allocated a Framework Agreement.

Guidance note - The mandatory and desirable requirements must be linked to the subject matter of the framework. They should concentrate on the deliverables to be provided by the successful Tenderer(s) rather than on the characteristics of the Tenderers.

The Authority should state the weighting it proposes to give to each criteria, ie, the broad categories into which the individual requirements are grouped. If the Authority considers it appropriate given the subject matter of the framework, it may specify a range giving a maximum and minimum weighting to each criteria.

2 Mandatory and Desirable Requirements

The tables below set out the Authority‟s Mandatory and Desirable Technical Requirements relating to the provision of the [supply/services/goods and services]

TABLE 2.1: HEALTH AND SAFETY REQUIREMENTS

Reference Requirement

Insert requirement type (MR or DR) and number

Insert requirement e.g.

All visual display units must comply with The Health and Safety (Display Screen Equipment) Regulations 1992


Insert requirement


Insert requirement


Insert requirement

[(in no particular order) insert additional subject areas as appropriate]

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TABLE 2.2: SUSTAINABILITY




All envelopes supplied shall be fully compliant with Defra revised Quick Wins Standards


Bulk deliveries of envelopes shall be supplied on returnable, re-usable pallets constructed from timber produced from a fully sustainable source – certified to FSC standards.


All returnable re-usable pallets available for collection at the Authority‟s Premises shall be collected by the Provider on a weekly basis.

TABLE 2.3: SECURITY AND SERVICE CONTINUITY




IT security product and training shall be provided in accordance with ISO 17799 (or equivalent).


All Staff shall be security cleared to at least CTC level.


Insert requirement

TABLE 2.4: DEVELOPMENT AND INNOVATION

Insert table as above

TABLE 2.5: MARKETING OF THE SERVICE


TABLE 2.6: CONTRACT MANAGEMENT AND MI REPORTING


TABLE 2.7: ACCOUNT MANAGEMENT


TABLE 2.8: BUSINESS REVIEW MEETINGS


TABLE 2.9: TRAINING


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TABLE 2.10: QUALITY


TABLE 2.11: LOGISTICS


And so on……

Guidance note – the above listing is for guidance only and the Authority may wish to amend/add other areas as appropriate to the [goods/services/goods and services] being procured and what the specified evaluation criteria are.

3 Mandatory Information Requirements

Guidance note: The Mandatory Information Requirements should be tied to the subject matter of the contract. They should also be linked to mandatory and desirable requirements set out above.

The Authority may wish to further test the Tenderers ability fully to meet its requirements by requiring the Tenderer to respond to questions designed to test the Tenderers ability and experience in providing similar [goods/services/goods and services]. Evidence to substantiate the Tenderers Response may also be required. Such questions and substantive evidence are termed “Mandatory Information Requirements” and as such a Response by the Tenderer must always be provided. Failure by the Tenderer to respond to a Mandatory Information Requirement may lead to the Tenderer not being allocated a Framework Agreement.

Mandatory Information Requirements

TABLE 3.1: SERVICE SOLUTION RELATED QUESTIONS (example only)

Reference Mandatory Information Requirement

MIR1 What do you consider to be the key risks to delivering your proposed solution? How do you propose to mitigate these risks (both for yourselves and the Authority)?

MIR2 For your proposed solution, detail the locations of proposed facilities, roles, responsibilities and relationships for all organisations involved in the delivery of your solution.

[(in no particular order) insert other subject areas as appropriate]

Guidance note – the above listing is for guidance only and the Authority may wish to amend/add other areas as appropriate to the [goods/services/goods and services] being procured and what the specified evaluation criteria are.

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Section 5 Response Requirements

Version 1.0

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1 Introduction 66

2 Tenderers Response to the Specification 66

3 Tenderers Response to the Technical Requirements 67

4 Tenderers Response to the Mandatory Information Requirements 68

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1 Introduction

The Tenderer must use the templates set out in the tables below to present its ITT Response to the [Specification/Technical Requirements /Mandatory Information Requirements].

2 Tenderers Response to the Specification

Tenderers Response to Section 3 - Specification - The requirements as stated within the Specification(s) are provided below. Tenderers are invited to respond to each requirement ensuring all points are answered in the right hand boxes. Responses should be in full and supported by evidence, allowing evaluators to gain a good understanding of how the Tenderer intends to provide and support the [insert details of the goods/services/goods and services]

No Specification Reference Requirement Response Requirement Tenderers Response

1 Section X Chapter X para. X.X3

The Provider shall provide 24 hour, 7 day a week, 52 weeks a year security at all of the Authority‟s Premises listed in Annex 2. This shall include…

A Method Statement not to exceed 1000 words

Tenderer to complete

Guidance note – The table above should be populated with each specific element to the Specification which requires a Response and detail how the Tenderer must respond. These must be detailed individually in the table above and cross referenced to the relevant part of the Specification and a brief summary of each requirement also entered in table 2 of Schedule 5. A worked example is provided above for guidance.

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3 Tenderers Response to the Technical Requirements

Tenderers Response to Section 4 – Technical Requirements - The requirements as stated within the Technical Requirement(s) are provided below. Tenderers are invited to respond to each requirement ensuring all points are answered in the right hand boxes. Responses should be in full and supported by evidence, allowing evaluators to gain a good understanding of how the Tenderer intends to meet the Technical Requirements in the provision of [insert details of the goods/services/goods and services]

No Technical Requirement Reference

Requirement Response Requirement Tenderers Response

1 Technical Requirements Section A MR1

All security systems shall comply fully with the IEE Wiring Regulations

Tenderer to describe how compliance will be achieved (Response not to exceed [300 words]) and supply evidence of certification.


Guidance note – The table above should be populated with each specific element to the Technical Requirements set out in Section 4 which requires a Response and detail how the Tenderer must respond. These must be designated either MANDATORY (MR) or DESIRABLE (DR) and detailed individually and in the table above and cross referenced to the relevant part of the Technical Requirements. A brief summary of each Technical requirement must also entered in table 3 of Schedule 5. A worked example is provided above for guidance.

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3.1 In order to be considered suitable for admission to the Framework Agreement Tenderers must:

Satisfy all of the Mandatory (MR) Requirements; and

Respond to all of the Mandatory Information Requests (MIR) listed in this Section 5.

3.2 The Authority reserves the right to reject any Tender in which a response to a MR is evaluated as not having been satisfactorily met or in which an MIR has not been satisfactorily addressed.

3.3 A statement that a particular technical requirement will be met is not in itself sufficient. Such responses, or responses that are ambiguous, may be taken as failing to meet the Technical Requirement. Detailed information regarding how, when and to what extent a Technical Requirement can be met must be provided where appropriate – and, in evaluating a given requirement, scores will be awarded accordingly. Furthermore, if any technical requirement or part of a requirement cannot be met, this must be stated explicitly along with reason why.

3.4 Where a Tenderer has already provided information to the Authority that addresses a specific technical requirement, this information should be re-stated in their Tender, not simply referenced.

4 Tenderers Response to the Mandatory Information Requirements

4.1 In addition to any information requested elsewhere the Tenderer must provide a Response to the following Mandatory Information Requirements.

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Tenderers Response to Section 4 – Technical Requirements (Mandatory Information Requests) - The Mandatory Information Requirements as set out within the Technical Requirement(s) are provided below. Tenderers are invited to respond to each MIR ensuring all points are answered in the right hand boxes. Responses should be in full and supported by evidence, allowing evaluators to gain a good understanding of how the Tenderer intends to meet the MIRs.

No Mandatory Information Requirements Reference

Mandatory Information Requirement Tenderers Response

1 Technical Requirement: Annex 1

Where applicable provide documentary evidence of third party testing of all small appliances to be used in the provision of the Services on the Authority premises.


Guidance note – The table above should be populated with each specific Mandatory Information Requirement (MIR) contained in the Technical Requirements set out in Section 4 and detail how the Tenderer must respond. A brief summary of each MIR must also be entered in table 3 of Schedule 5. A worked example is provided above for guidance.

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Section 6 Commercial Response Requirements

Version 1.0

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1 Company Details 72

2 Price Variation 72

3 Charges 72

4 Parent Company Guarantee 72

5 References 72

6 Draft Contract/Framework Agreement 73

7 Performance Management and Service Credit Regime 73

Schedule 6: Draft Framework Agreement 76

1 Introduction 76

2 Draft Framework Agreement 76

3 Orders and Call Off Contracts 76

Schedule 7: Charges 76

Schedule 8: Company Details 76

Schedule 9: References 78

Schedule 10: Proposed Amendments to the Framework Agreement 79

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1 Company Details

Please complete, Schedule 8 “Company Details”.

2 Price Variation [if applicable]

The price will remain fixed for a period of [insert number] years / the full term of the Framework Agreement. Thereafter they shall be subject to change in accordance with the terms of the Framework Agreement.

Guidance note – how the Framework Agreement is priced and how increases/decreases in tendered prices are dealt with under the Framework Agreement should be dealt with in the Source Plan. The Authority must ensure that appropriate drafting is used to cover off the starting point for Framework prices ie fixed, firm, tied into published “industry specific” indices, how long they will be fixed/remain firm and how any future variation in Framework Agreement prices will be calculated.

3 Charges

3.1 Tenderers must complete Schedule 7 - Charges with the all proposed charges/prices to provide the [goods/services/goods and services].

3.1.1 The charges/prices must cover all requirements.

3.1.2 All charges/prices must be expressed in pounds sterling and should be exclusive of VAT, all pricing information will form the basis of any resultant Framework Agreement.

3.1.3 [Tenderers must complete any supplementary spreadsheets included within Annex [insert details] to provide granularity and transparency of the metrics used for calculating fixed minimum and variable charges].

Guidance note -ensure consistency with paragraph 5.1 and Schedule 1 – Form of Tender

4 Parent Company Guarantee [if appropriate]

If requested to do so by the Authority Tenderers must be willing to provide a Parent Company Guarantee or other such deed of guarantee as considered appropriate by the Authority.

Guidance note – The clause above needs to be considered on a case by case basis and is only appropriate where the PQQ evaluation has indicated that there is an element of risk associated with a particular potential provider. Such risks are usually related to the Provider‟s financial capacity, for example if part of a larger undertaking the Provider may not (from its own internal resource) have sufficient financial capacity to finance the value of work proposed. In such cases it is appropriate to ask the parent company to provide a guarantee that should the Provider struggle to meet its commitments under the Framework that it will provide the necessary support. Alternatively. If the Provider is not part of a larger undertaking it may be that some form of bond (insurance) or deed of guarantee is taken out with an appropriate financial institution.

5 References [if appropriate] Except where already previously provided as part of the submission of the Pre-Qualification Questionnaire (PQQ) Tenderers must provide in Schedule 8 details of three current customers from whom the Authority may seek references.

Guidance note – References should be taken up as part of the PQQ evaluation and from a procedural perspective there are risks associated in taking up references at this stage in the procurement.

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6 Draft Framework Agreement

The Authority is conducting this procurement in accordance with the requirements of the restricted procedure as set out in regulation 16 of the Public Contracts Regulations 2006. This means it is prevented from undertaking „negotiation‟ of the draft Framework Agreement. However, amendments by Tenderers and/or the Authority to „clarify‟ the terms of the Framework Agreement are permitted. Should Tenderers‟ wish to suggest amendments to the Framework these should be entered on Schedule 10. The Authority can make no commitment to act on such suggestions.

7 Performance Management and Service Credit Regime [if appropriate] Guidance note – individual Category Teams need to consider what can be done under the framework to link performance to payment. Given the limitation on the Authority‟s ability to “negotiate” under the Restricted Procedure unless a performance standards and service credit regime which will be acceptable to all Tenderers can be specified up front along with some cap on the exposure they face it may prove difficult to achieve agreement on the proposed performance/payment mechanism. This may lead to bids either being “loaded” and possibly uncompetitive or “push back” from the market and a reluctance to bid. Any proposed service credit regime must be drafted into the Framework Agreement and, more particularly, Call-Off Contracts. It is strongly recommended that the Authority obtain its own legal advice on this point whilst preparing the ITT.

The provision of the [goods/services/goods and services] is important to the delivery of the Authority‟s key business objectives and, as applicable, OCB day to day business objectives. Failure to supply the [goods/services/goods and services] by the Provider will lead to inefficiencies and additional costs being incurred by the Authority and/or Other Contracting Bodies. The achievement of performance standards is therefore important. Tenderers attention is drawn to the performance/service credit matrices set out in Tables 7.1 and 7.2 below:

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TABLE 7.1: PERFORMANCE STANDARDS

No Performance Standard Target Level

Definition of Target Performance Points incurred in the event of failure to achive the target

Level of Failure at which the Authority may invoke Service Credit Regime

To be developed by the Authority in conjunction with the Specification and Technical Requirements

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TABLE 7.2: SERVICE CREDITS

No Description Value of Service Credit Payable

1 Up to xx Performance Points incurred in preceding Month

£xxx

2 Between xx and xx Performance Points incurred in preceding Month

£xxx


£xxx


£xxx


£xxx

In any one year the total value any Service Credits will be capped at xx% of the total Order or Call Off Contract Value.

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Schedule 6: Draft Framework Agreement

1 Introduction

1.1 The overarching Framework Agreement will be between the awarding Authority and successful Provider(s). The Authority will own the Framework Agreement and manage the day-to-day provision of the [goods/services/goods and services] to all Authority sites and premises.

1.2 Day to day provision of [goods/services/goods and services] to OCBs will be managed individually by that body.

1.3 Responsibility for strategic management of the Provider, the collection of Management Information relating to Framework Agreement usage and for all matters relating to the overall performance of the Provider will rest with Authority.

2 Draft Framework Agreement

2.1 In the event that the Authority wishes to enter into a Framework Agreement with any Provider(s), that Framework Agreement will consist of the Framework Agreement version 1.0 dated [insert date], augmented with appropriate information submitted in the Provider‟s Tender. The information required to augment the Framework Agreement will largely be drawn from any successful Provider‟s Response to the Specification, Technical Requirements and Charges Schedules. In drafting their responses to the Specification and Technical Requirements Tenderers must be mindful of this, and should ensure that their Responses are drafted in clear and concise terms which will provide a basis for translation into firm contractual commitments.

3 Orders and Call Off Contracts

3.1 Call Off Contracts whether as a result of Direct Award or following Mini-Competition will be executed by the issue of an Order by the Authority, or as applicable relevant OCB, to the Provider and acceptance by the Provider of such an Order. The Call Off Contract will be on the terms specified in the Framework Agreement supplemented by such details as price and quantity specified in the Order.

3.2 The Call Off Contract terms and conditions are set out in Schedule 5 of the draft Framework Agreement.

3.3 A pro-forma copy of the Order form is set out in Schedule 4 of the draft Framework Agreement.

3.4 Section 1 – Overview of the Invitation to Tender and the Procurement Process – paragraph 3 sets out the criteria for awarding Call Off Contracts and/or Orders under a multi Provider Framework Agreement.

Schedule 7: Charges

Drafting Note: This schedule should mirror the charges schedule to be used within the Framework Agreement

See Pricing Guidance documentation

Schedule 8: Company Details

INFORMATION REQUIRED RESPONSE

Registered Company Name

Registered Company Address

http://www.ogc.gov.uk/supplier_selection_and_award_invitation_to_tender_itt.asp

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Registered Number

Contact Name for Enquiries related to your tender

Contacts company position

Contacts email address

Contacts landline telephone number

Contacts mobile telephone number

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Schedule 9: References

REFERENCE 1


Name and Address of Company

Contact Name and Telephone Number

Details of Service Provided

Value of Contract

Duration of Contract

Duration of Service Provided

REFERENCE 2





Value of Contract



REFERENCE 3





Value of Contract



Approval will be obtained from the Tenderers prior to the Authority contacting any of the references provided in Schedule 9.

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Schedule 10: Proposed Amendments to the Framework Agreement

Clause Number/Schedule ref

Proposed Amendment With Revised Wording

Cost Adjustment

Other than those provisions identified above, [Tenderer to insert name] confirms that it has reviewed the terms and conditions of the proposed Framework Agreement (including Call-Off Contract) and is content with each of their provisions

ogc itt template 1

Education