Invitation to Tender by cu0Y5Y


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                             Contract Commencement Date:
               Closing Date for Receipt of Tenders: 12 Noon

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                              Contents and Enclosures
                                   General Information
                                     Outline of Service
                                     Contract Duration
                                    Tender Timescales
   Instructions to Tenderers and Conditions of Tender
                                     Preparation of Bid
                                   TUPE (if applicable)
                                   Tender Submission
            Evaluation of Offers and Award of Contract

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                             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)

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                              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
      further       .

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:

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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
      be signed:

            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

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      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
                           County Offices
                           Lincoln LN1 1YL

             Tel:          01522

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;

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(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
       of employees.
(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

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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
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

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       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
       Partnership working
       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.


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