INVITATION TO TENDER
INSTRUCTIONS TO TENDERERS
Contract Commencement Date:
Closing Date for Receipt of Tenders: 12 Noon
Contents and Enclosures
Outline of Service
Instructions to Tenderers and Conditions of Tender
Preparation of Bid
TUPE (if applicable)
Evaluation of Offers and Award of Contract
Contents and Enclosures
Section 1: Invitation to Tender, Instructions to Tenderers and Conditions of Tender
Section 2: Legal Agreement and Service Specification
Section 3: Existing Contractor TUPE Employee Information
Existing Contractor TUPE Employee Information Summary of Conditions
Existing Contractor TUPE Employee Information Contract of Employment
Section 4: Formal Tender Submission (To be completed by tenderer)
Pricing Schedule (To be completed by tenderer)
Method Statements (To be completed by tenderer)
Form of Tender (To be completed by tenderer)
Qualification of Offer (To be completed by tenderer)
Collusive Tendering Declaration (To be completed by tenderer)
TUPE Declaration (To be completed by tenderer)
INVITATION TO TENDER
1. General Information
1.1 Tenders are invited for the contract for
1.2 In the event of a contract award pursuant to this Invitation to Tender, the
successful candidate(s) will enter into a contract with Lincolnshire County
1.3 Tenderers must comply with all the instructions for tendering and all other
requirements of this Invitation to Tender. Non-compliance may lead to a tender
not being considered by the Council.
1.4 Tenderers shall have the capability to deliver the agreed service from the start
2. Outline of Service
(Insert brief outline of service-same wording as was contained within the
Information Pack – provided separately)
3. Contract Duration
3.1 The Agreement will commence . The duration of the contract will be
years, with the provision to extend the contract for a further period up to a
4. Tender Timescales
4.1 Invitation to Tender released: 12 noon
Closing date/time for return of tenders: 12 noon
Evaluation of tenders for short listing: w/c
Interview shortlisted tenderers:
Post Tender Clarification:
Award Panel Recommendation to by Director:
Award of Contract by:
Transition for lead into new service:
Contract Commencement Date:
INSTRUCTIONS TO TENDERERS AND CONDITIONS OF TENDER
1. General Information and Instructions
1.1 Compliance with Instructions:
Tenders submitted shall be in accordance with and subject to the terms of
these instructions and other documents comprising the Invitation to Tender.
1.2 All information given in the Invitation to Tender is provided for guidance only. It
is the Tenderers responsibility to obtain and to satisfy itself as to the accuracy
and completeness of all information relied on in connection with the tender.
1.3 The tender documents and all information supplied by the Council in connection
with them are and shall at all times be treated by the Tenderer as confidential.
1.4 Acceptance of tender will be made by The County Council. The County Council
is not bound to accept the lowest or any tender
1.5 The successful tenderer will if required to so do, execute under seal a written
agreement (contract) with the Council. Until the execution of that agreement,
and for as long as the absence thereof persists, the successful tender together
with The Council's written acceptance thereof shall constitute a binding
agreement in the terms of the contract documents.
2. Preparation of Bid
2.1 Your offer itself should be set out in the Formal Tender Submission, which
forms part of this document. You may enclose additional documentation if you
wish (for example, if you need to explain particular points in greater detail than
the form allows space for), but this must be precisely cross-referenced to the
appropriate section of the form.
2.2 The Form of Tender shall be submitted by the organisation that it is proposed
will enter into a formal contract with the Council if awarded the contract. It shall
where the tenderer is a partnership, by two (2) duly authorised partners;
where the tenderer is a company, by two (2) directors or by a director
and the secretary of the company, such persons being duly authorised for that
2.3 When making your offer you should consider only the information contained
within this invitation to tender document and any accompanying documentation,
or that otherwise communicated in writing to Tenderers.
2.4 If you wish to bid on terms other than those specified in this document, or to
vary or qualify any of the conditions or specifications etc. this must be detailed
in the Qualification of Offer, at the back of this document. Tenderers should
bear in mind however that the acceptability of any such changes will be at the
discretion of Lincolnshire County Council.
2.5 If you require further information concerning the tender process, or the nature of
the proposed contract, please in the first instance contact:
Address: Lincolnshire County Council
Lincoln LN1 1YL
2.6 All such questions must be copied to Contracting and Procurement at the
address given above. Should questions arise during the tendering period that in
our judgement are of material significance, we will distribute copies of the
answers to all recipients of the Invitation to Tender. All Tenderers should then
take that reply into consideration when preparing their own bids, and we will
evaluate bids on the assumption that they have done so. Queries received less
than seven days before the closing date of this Invitation to Tender may not be
3. TUPE - Transfer of Undertakings (Protection of Employment) Regulations
and Workforce Matters
3.1 The attention of Tenderers is drawn to the Transfer of Undertakings (Protection
of Employment) Regulations 2006, as amended ("TUPE").
3.2 Lincolnshire County Council believes that TUPE will apply in any new Contract.
3.3 At the time of producing the tender documentation it is thought that a maximum
of 3 staff could potentially transfer to the successful Tenderer. Bidders will be
notified if this position changes prior to the tender return date.
3.4 TUPE provides that where there is a transfer of an undertaking (or possible part
of one), the new employer takes over any employment liabilities and the
responsibility for the employment contracts of the employees, who then transfer
on their previous terms and conditions of service. A successful Tenderer may
be a potential transferee for the purposes of TUPE. It is therefore the sole
responsibility of the Tenderer to take any legal advice they consider necessary
as to whether TUPE will be likely to apply to the proposed contract, and if so, to
reflect the financial implications of such a transfer in their tender.
3.5 Tenderers should take into account the following requirements:
(a) The need to consult with recognised trade unions or elected representatives;
(b) The need to provide sufficient and accurate information to enable the
consultation process to be properly observed;
(c) The requirement to observe existing rates of pay, terms and conditions, annual
pay increases and all contractual rights in respect of the employment contracts
(d) The transfer to any successful Tenderer from the current employer of all
liabilities in respect of claims for (but not limited to) the following - claims for
redundancy payments, unpaid wages or salary, damages for unfair dismissal,
breaches of sex, race and disability discrimination statutes, personal injury
claims and all other claims related to previous employees of the Transferor,
save for where the TUPE regulations specifically exclude such claims and/or
the transfer of them.
3.6 The issues raised in paragraph 3.5 (a) to (e) above are a non-exhaustive list of
the primary issues to be considered. In the event of a bid being successful, the
successful Tenderer will be expected to abide by further obligations in respect
of employment rights, further details will be provided to the successful bidder by
the current employer.
3.7 In view of the preliminary view adopted by the Council, above, the current
employer has provided information, included in Section 3 of this tender
documentation, concerning the terms of employment of the individuals
considered likely to be eligible to transfer under the provisions of TUPE.
3.8 The Council is not the employer of the staff who may transfer and is dependent
on the existing contractor for the provision of information concerning such staff.
The Council makes no warranties or representations and gives no undertakings
as to the accuracy, completeness or sufficiency of any information relating to
the employees of the existing contractor provided during the tender process
whether in Section 3 of this document or otherwise.
3.9 On the execution of the Contract, the successful Tenderer will be required to
provide to the Council, an indemnity in respect of the TUPE Regulations.
3.10 The Council is commissioning the Service and is not in a position to warrant
that there will be sufficient existing employees in a position to transfer without
relying on other resources, nor can the Council warrant that such existing
employees will be willing to transfer to such tenderer. The Council will
therefore evaluate the ability of tenderers to demonstrate in their tender
submissions, that they have sufficient staff resources with the relevant
qualifications and expertise to carry out the Service, or adequate recruitment
and training programmes in place to ensure full staffing for the delivery of the
Service, without having to rely on a transfer of employees under TUPE.
3.11 Tenderers are reminded of the issue of tender-related costs referred to in the
form of tender and that the Council will not be responsible for any other costs
incurred by tenderers in connection with their compliance with this part of these
4. Tender Submission
4.1 You have downloaded an electronic copy of the Invitation to Tender document
using the Delta Tendering Vault System. You must complete, where required,
all sections, and upload a copy to constitute your tendered offer. Specifically,
this document requires completion of the Formal Tender Submission, Pricing
Schedule, Method Statements, Qualification of Offer, Form of Tender and
Collusive Tendering Declaration.
4.2 The Method Statements are submissions required to be made by the Tenderer,
providing details of how the Tenderer intends to approach the provision of the
Service. The Council will seek to agree any necessary amendments to the
Method Statements with the successful tenderer, which will then be
incorporated into the Contract.
4.3 Your completed tender must be submitted electronically using the Delta
Electronic Tendering Vault system at Delta-ets.com.
4.4 The closing time/date for the electronic submission of your tender is
12. 00 noon on
4.5 Tenders submitted after the time and date shown will not be accepted by the
Electronic Tendering Vault system.
4.6 If there appears to be an error in a submission or supporting information the
Tenderer will be invited to confirm or withdraw its bid. Where the error relates
to the tender total as calculated from tendered rates and variable quantities, the
bid will be regarded as the tender total bid and the rate adjusted accordingly.
The tenderer will be invited to confirm or withdraw the bid and resulting rate.
4.7 It is unlikely that any tender will be accepted which (a) is incomplete or
inaccurately or inadequately completed or which purports to impose conditions
other than those provided in the contract documents or (b) is delivered out of
time or in a manner other than specified in these Instructions.
4.8 No tender will be considered for acceptance if the tenderer has indulged or
attempted to indulge in any corrupt practice or canvassed the tender with any
member or officer of The Council. If a tenderer has, unknown to these bodies,
indulged or attempted to indulge in such practices and the tender is accepted,
then grounds shall exist for the termination of the contract and the claiming of
damages from the contractor.
5. Evaluation of Offers and Award of Contract
5.1 Officers of Lincolnshire County Council and Service User(s) will be involved in
evaluation of the tenders received jointly. The criteria against which bids will be
assessed are as follows (not necessarily shown in order of priority):
Criteria One: Capability and financial assessment
Criteria Two: Implementation plans and service delivery proposals
Criteria Three: Human resources
Criteria Four: Quality assurance and monitoring measures
Criteria Five: Financial proposals
5.2 A short list of Tenderers will be selected to be invited for interview. Tenderers
will be notified in writing on the outcome of the initial evaluation of their bids and
to say whether they have been successful in being shortlisted for interview.
5.3 Shortlisted Tenderers will be invited to make a presentation to Lincolnshire
County Council in support of their bid, followed by a two-way interview and
5.4 These presentations / interviews will take place on (time and venue to
be confirmed). The focus of the presentation by shortlisted Tenderers should
therefore be to show how they would address the following issues;
Their implementation plan for delivery of the service, commencing from
award of the contract, including service delivery model and achieving outcomes
5.5 The areas which will be covered and evaluated, as part of the interview process
are as follows:
The milestones and anticipated plans for providing the service.
Aspects of service delivery
Staff training, induction and ongoing support.
Their management team and how their skills will be used to manage the
Monitoring the quality of service.
Overall prices and costs (financial proposals)
5.6 A decision on the award of contract will be made as quickly as possible
thereafter, and a plan for implementation agreed with the successful tenderer.
5.7 Due weight will be placed on each of the evaluation criteria outlined in
paragraphs 5.1 above, but Tenderers should however note that in the event
that a bid is considered to be fundamentally unacceptable on a key issue,
regardless of its other merits, that bid may be rejected.
5.8 Throughout the evaluation process, the right is reserved to seek clarifications
from Tenderers, where this is considered necessary to achieve a complete
understanding of the proposals received.