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Call off Contract Terms and Conditions document sample
Document Sample
ITT Template &
Guidance
Version 1.0
[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]
PAGE 2 OF 79
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 15
Section 2 – Tendering Process 24
Part A – Instructions to Tenderers 27
Part B – Tender Evaluation 40
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
PAGE 3 OF 79
Section 0
Preface
Version 1.0
PAGE 4 OF 79
TABLE OF CONTENTS – SECTION 0
1 Glossary 5
2 Table of Abbreviations 7
3 Structure of the ITT Document 8
PAGE 5 OF 79
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 means the competed [goods] [services] which will be Ordered
[Goods][Services] from the Framework Agreement following a Mini-Competition
and are set out at Schedule 1 of the Framework Agreement
“Conditions of means the terms and conditions set out in this ITT relating to
Tender” 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 means the background and supporting documents and
Information” 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 means the agreement (as set out in Section 6, Schedule 6 of
Agreement” this ITT) to be entered by the Authority and the Provider(s)
following any award under the procurement exercise
“Invitation to Tender” means this invitation to tender documentation and all related
or “ITT” 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 means the advertisement [insert reference number and date]
Notice” 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 means all Contracting Bodies except the Authority
Bodies”
“Provider” means the organisation(s) admitted to the Framework
Agreement
“Public Buying means a duly constituted public sector organisation which
PAGE 6 OF 79
Organisation” procures goods/services for and on behalf of contracting
authorities
“Standard means the [goods][services] set out at Schedule 1 of the
[Goods]/[Services]” Framework Agreement
“Tender”, “Response”, means the Tenderers formal offer in response to this Invitation
“Tender Response”, to Tender
“Tendered Response”
or “ITT Response”
“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
PAGE 7 OF 79
3 Structure of the ITT Document
Covering Letter for Invitation to Tender
Acknowledgement Letter
Section 0 Preface
(A) Background
Section 1
Background
(B) Overview of the ITT and the
Procurement Process
(A) Instructions To Tenderers
Section 2 (B) Tender Evaluation:
Tendering Process
Schedules 1 to 5
Section 3 Specification
Section 4 Technical Requirements
Section 5 Response Requirements
Section 6 Commercial Response
Requirements
PAGE 8 OF 79
Section 1
Background
Version 1.0
PAGE 9 OF 79
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 15
1 Introduction 16
2 Proposed Framework Agreement – Single Provider 17
2 Proposed Framework Agreement – Multiple Providers 18
3 Lots 20
4 Orders Under Multiple Provider Frameworks 22
PAGE 10 OF 79
Section 1 – Part A
Background
Version 1.0
PAGE 11 OF 79
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
PAGE 12 OF 79
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
[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.
PAGE 13 OF 79
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.
PAGE 14 OF 79
Section 1 – Part B
Overview of the Invitation to Tender
and the Procurement Process
Version 1.0
PAGE 15 OF 79
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.
PAGE 16 OF 79
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
PAGE 17 OF 79
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].
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.
PAGE 18 OF 79
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.
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
PAGE 19 OF 79
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.
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.
PAGE 20 OF 79
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-
LOT 3 -ditto- -ditto-
LOT 4 -ditto- -ditto-
LOT 5 -ditto- -ditto-
LOT 6 -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.
PAGE 21 OF 79
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.
TABLE 3.6 – COMPETED GOODS/SERVICES AWARD CRITERIA AND WEIGHTINGS
LOT CRITERIA FOR MINI WEIGHTINGS
COMPETITIONS UNDER THE
MULTI-PROVIDER FRAMEWORK
LOT 1 [insert proposed mini competition To be set by Authority/OCB conducting
evaluation criteria as specified in the mini-competiton
original OJEU Notice or as otherwise
modified for this ITT]
[insert proposed mini competition To be by Authority/OCB conducting mini-
LOT 2
evaluation criteria as specified in the competition
original OJEU Notice or as otherwise
modified for this ITT]
[insert proposed mini competition To be set by Authority/OCB conducting
LOT 3
evaluation criteria as specified in the mini-competition
original OJEU Notice or as otherwise
modified for this ITT]
[insert proposed mini competition To be by Authority/OCB conducting mini-
LOT 4
evaluation criteria as specified in the competition
original OJEU Notice or as otherwise
modified for this ITT]
[insert proposed mini competition To be set by Authority/OCB conducting
LOT 5
evaluation criteria as specified in the mini-competition
original OJEU Notice or as otherwise
modified for this ITT]
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
PAGE 22 OF 79
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.
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.
PAGE 23 OF 79
Section 2
Tendering Process
Version 1.0
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TABLE OF CONTENTS – SECTION 2
Part A – Instructions to Tenderers 27
1 General 28
2 Bidders Conference 29
3 Confidentiality 29
4 Freedom of Information 30
5 Tender Validity 30
6 Timescales 31
7 Authority’s Contact Details 31
8 Intention to Submit a Tender 32
9 Preparation of Tender 32
10 Submission of Tenders 33
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 38
21 Right to Reject/Disqualify 38
22 Right to Cancel, Clarify or Vary the Process 38
23 Customer References 39
24 Notification of Award 39
25 Debriefing 39
26 Statement of Compliance 39
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Part B – Tender Evaluation 40
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
PAGE 27 OF 79
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.
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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
[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 Closing date and time for receipt by the Authority of Tenderer Responses to
[insert date] 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.
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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].
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.
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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:
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
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(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.
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.
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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.
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.
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.
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.
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),
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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).
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]
[insert criterion] [insert number]% [range of %s] or [ranking of the criterion]
[insert criterion] [insert number]% [range of %s] or [ranking of the criterion]
[insert criterion] [insert number]% [range of %s] or [ranking of the criterion]
[insert criterion] [insert number]% [range of %s] or [ranking of the criterion]
[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:
PAGE 41 OF 79
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.
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.
PAGE 42 OF 79
(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).
PAGE 43 OF 79
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.
PAGE 44 OF 79
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.
PAGE 45 OF 79
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
PAGE 46 OF 79
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:
......................................................................................................…...............
PAGE 47 OF 79
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.
PAGE 48 OF 79
Schedule 3: Canvassing
TENDER FOR SUPPLY OF [insert details of supply/services/goods and services as per front
sheet of ITT]
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.
PAGE 49 OF 79
Schedule 4: Confirmation of PQQ Submission
TENDER FOR SUPPLY OF [insert details of supply/services/goods and services as per front
sheet of ITT]
I/ We hereby certify that any statement made in our PQQ submission remains true and
accurate in all material aspects save as specified below: -
PAGE 50 OF 79
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
PAGE 51 OF 79
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.
PAGE 52 OF 79
TABLE 2: RESPONSE TO THE SPECIFICATION (SECTION 3)
The following table needs to reflect all the elements of the Specification - Evidence included Tenderer to cross reference to page number(s) in
Section 3 which require a Response as detailed in Section 5 (2) -Response in response (yes/no) Section 5 (2) (including paragraph number where
Requirements appropriate).
Specification Details of Requirements
Reference
[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)
PAGE 53 OF 79
TABLE 3: RESPONSE TO THE TECHNICAL REQUIREMENTS (SECTION 4)
The following table needs to reflect all the elements of the Technical Evidence included in Tenderer to cross reference to page number(s) in
Requirements - Section 4 which requires a Response as detailed in response (yes/no) Section 5 (3) (including paragraph number where
Section 5 (3) -Response Requirements appropriate).
TR Reference Details of Requirements
[insert a brief summary of Technical Requirement
one]
[insert a brief summary of Technical Requirement
one]
[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)
PAGE 54 OF 79
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
PAGE 55 OF 79
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
PAGE 56 OF 79
Section 3
Specification
Version 1.0
PAGE 57 OF 79
The specification for the [goods/services/goods and services] should be inserted here.
VPMO Specification guidance and template documentation
PAGE 58 OF 79
Section 4
Technical Requirements
(including Mandatory Information
Requirements)
Version 1.0
PAGE 59 OF 79
TABLE OF CONTENTS – SECTION 4
1 Introduction 61
2 Mandatory and Desireable Requirements 61
3 Mandatory Information Requirements 63
PAGE 60 OF 79
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 Insert requirement e.g.
(MR or DR) and number
All visual display units must comply with The Health and
Safety (Display Screen Equipment) Regulations 1992
Insert requirement type Insert requirement
(MR or DR) and number
Insert requirement type Insert requirement
(MR or DR) and number
Insert requirement type Insert requirement
(MR or DR) and number
[(in no particular order) insert additional subject areas as appropriate]
PAGE 61 OF 79
TABLE 2.2: SUSTAINABILITY
Reference Requirement
Insert requirement type Insert requirement e.g.
(MR or DR) and number
All envelopes supplied shall be fully compliant with Defra
revised Quick Wins Standards
Insert requirement type Bulk deliveries of envelopes shall be supplied on returnable,
(MR or DR) and number re-usable pallets constructed from timber produced from a
fully sustainable source – certified to FSC standards.
Insert requirement type All returnable re-usable pallets available for collection at the
(MR or DR) and number Authority‟s Premises shall be collected by the Provider on a
weekly basis.
TABLE 2.3: SECURITY AND SERVICE CONTINUITY
Reference Requirement
Insert requirement type Insert requirement e.g.
(MR or DR) and number
IT security product and training shall be provided in
accordance with ISO 17799 (or equivalent).
Insert requirement type All Staff shall be security cleared to at least CTC level.
(MR or DR) and number
Insert requirement type Insert requirement
(MR or DR) and number
TABLE 2.4: DEVELOPMENT AND INNOVATION
Insert table as above
TABLE 2.5: MARKETING OF THE SERVICE
Insert table as above
TABLE 2.6: CONTRACT MANAGEMENT AND MI REPORTING
Insert table as above
TABLE 2.7: ACCOUNT MANAGEMENT
Insert table as above
TABLE 2.8: BUSINESS REVIEW MEETINGS
Insert table as above
PAGE 62 OF 79
TABLE 2.9: TRAINING
Insert table as above
TABLE 2.10: QUALITY
Insert table as above
TABLE 2.11: LOGISTICS
Insert table as above
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.
PAGE 63 OF 79
Section 5
Response Requirements
Version 1.0
PAGE 64 OF 79
TABLE OF CONTENTS – SECTION 5
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 69
PAGE 65 OF 79
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 The Provider shall provide 24 A Method Statement not to Tenderer to complete
Chapter X hour, 7 day a week, 52 weeks exceed 1000 words
para. X.X3 a year security at all of the
Authority‟s Premises listed in
Annex 2. This shall include…
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.
PAGE 66 OF 79
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 Requirement Response Requirement Tenderers Response
Reference
1 Technical Requirements All security systems shall Tenderer to describe how Tenderer to complete
Section A MR1 comply fully with the IEE compliance will be achieved
Wiring Regulations (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.
PAGE 67 OF 79
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.
PAGE 68 OF 79
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.
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 Mandatory Information Requirement Tenderers Response
Requirements Reference
1 Technical Requirement: Where applicable provide documentary evidence of third Tenderer to complete
Annex 1 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.
PAGE 69 OF 79
Section 6
Commercial Response Requirements
Version 1.0
PAGE 70 OF 79
TABLE OF CONTENTS – SECTION 6
1 Company Details 72
2 Price Variation 72
3 Charges 72
4 Parent Company Guarantee 72
5 References 73
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 77
Schedule 9: References 78
Schedule 10: Proposed Amendments to the Framework Agreement 79
PAGE 71 OF 79
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.
PAGE 72 OF 79
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.
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 Definition of Target Performance Points Level of Failure
Level incurred in the event of failure at which the Authority may
to achive the target 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 £xxx
preceding Month
2 Between xx and xx Performance Points £xxx
incurred in preceding Month
3 Between xx and xx Performance Points £xxx
incurred in preceding Month
4 Between xx and xx Performance Points £xxx
incurred in preceding Month
5 Between xx and xx Performance Points £xxx
incurred in preceding Month
In any one year the total value any Service Credits will be capped at xx% of the total Order or
Call Off Contract Value.
PAGE 75 OF 79
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
PAGE 76 OF 79
Schedule 8: Company Details
INFORMATION REQUIRED RESPONSE
Registered Company Name
Registered Company Address
Registered Number
Contact Name for Enquiries related to
your tender
Contacts company position
Contacts email address
Contacts landline telephone number
Contacts mobile telephone number
PAGE 77 OF 79
Schedule 9: References
REFERENCE 1
INFORMATION REQUIRED RESPONSE
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
INFORMATION REQUIRED RESPONSE
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 3
INFORMATION REQUIRED RESPONSE
Name and Address of Company
Contact Name and Telephone Number
Details of Service Provided
Value of Contract
Duration of Contract
Duration of Service Provided
Approval will be obtained from the Tenderers prior to the Authority contacting any of the
references provided in Schedule 9.
PAGE 78 OF 79
Schedule 10: Proposed Amendments to
the Framework Agreement
Clause Proposed Amendment With Revised Cost
Number/Schedule ref Wording 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
PAGE 79 OF 79
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