Letter Informing Employee Representatives About a Transfer That Is to Take Place Letter

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					                                                             ALTERNATIVE PORTFOLIO




These notes have been written to help guide you through the process of obtaining
tenders or quotations for Building Cleaning and Related Services from the contractors
listed in the Alternative Portfolio. Each of these contractors has been vetted by Client
Support and Governor and Headteacher representatives to ensure they meet the
Authority's financial, insurance and policy requirements and were considered suitable
for inclusion. Client Support will be available to provide you with further information
and advice if you require it and to guide you through the process of obtaining,
evaluating and awarding tenders.              Client Support can be contacted on
01392 382020.

Please note that all the documents necessary for obtaining tenders or quotations from
the Alternative Portfolio are available electronically. Schools can therefore choose to
conduct the tender process electronically if they so wish. Contractors' e-mail
addresses can be obtained from the 'Alternative Portfolio of Services to Schools
2006-9'. www.devon.gov.uk/cyps-procurement

NB:    The documents which will comprise the contract between the School and
       Service Provider are all available at:

www.devon.gov.uk/index/learning/schools/schools-services/cyps-procurement/altport-cleaning.htm




                                                                                 nrx250806a (T)
1     Decide on a timetable. Allow yourself sufficient time to complete the tasks
      described below. In doing so, be mindful that:

i     It is good practice to allow contractors sufficient time to prepare and submit their
      tenders (ie 4 weeks for small primaries, ranging to 8-10 weeks for the large
      secondary schools) and to give a minimum notice period to start the contract of
      at least 6 weeks.

ii    If you use DDS or commercial contractors you will also need to be cognisant of
      the notice period required under your current service arrangements.

iii   You will need to be mindful of the requirements of the Transfer of Undertakings
      Protection of Employment Regulations 2006 and ODPM Circular 3/2003 (see
      section 6) and the duties placed on employers (DCCS or the schools) in the
      event of an outsourcing of services involving Devon County Council staff. You
      will need to allow sufficient time for all necessary consultation, information
      provision and the other stages of the process.

iv    If there are pension details to be obtained from Pensions Services, you will need
      to allow as much as ten weeks for the necessary actuarial valuations to be
      obtained (either by DCCS or by the school) dependent upon whom employs the
      staff.

      NB:    It is advisable to map out your timetable with these issues in mind before
             commencing the procurement process.


2     If you use DCCS or commercial contractors, write to them giving them an
      appropriate period of notice. (See Appendix A : Notice Letter.doc for a
      suggested form of words).


3     Complete an Establishment Information Sheet to detail your general service
      requirements.

      This can be downloaded from:
      www.devon.gov.uk/index/learning/schools/schools-services/cyps-
      procurement/altport-cleaning.htm


4     Review the site plan and Block and Room Report for your school. (This
      information can be obtained from Client Support). The Block and Room Report
      is a listing of the areas within your school, their size (m 2) and the standards to
      which they should be cleaned. The site plan (which is coded in the same fashion
      as the Block and Room Report) allows you to identify which area is which. You
      will need to review this information:

i     to make sure it is accurate;
ii   to ensure each area is allocated the correct standard of clean.

     The standards of clean are as follows:

     1      Sanitary clean (eg. toilets, changing rooms, showers)
     2      Hygienic clean (eg. kitchens, food preparation areas, food technology)
     3      Prestige clean (eg. headteacher/principal's office, reception)
     4      Standard clean (eg. classrooms, corridors, offices, lobbies, stairs)
     5      Practical clean (eg. heavy duty workshops)
     6      Basic clean (eg. stores, covered ways)
     0      Not to be cleaned

     A full description of each of the standards of clean can be downloaded from
     www.devon.gov.uk/index/learning/schools/schools-services/cyps-
     procurement/altport-cleaning.htm
     (together with the General Cleaning Specification), both of which will form part of
     your agreement with the service provider (see Schedule I of the Alternative
     Portfolio Building Cleaning Agreement - see also 5 below).

     In practice, most schools opt for a combination of: 1 (Sanitary), 2 (Hygienic),
     4 (Standard) and 0 (Not Cleaned).


5    Download the Alternative Portfolio Building Cleaning and Related Services
     Agreement from:
      www.devon.gov.uk/index/learning/schools/schools-services/cyps-
      procurement/altport-cleaning.htm.
     Amend it as necessary to suit your requirements. At the very least, you must
     include relevant details in the highlighted clauses and amend Table A on page
     19.

     Table A will need to be amended to match the school's own individual service
     requirements. It enables you to examine the Service Provider's costing
     methodology and once awarded, to manage the financial aspects of the
     agreement transparently.

     Setting up Table A is easy. Once you have completed the Establishment
     Information Sheet (step 3), amended the Block and Room Report (step 4) and
     received back updated information from Client Support, follow these steps:

     1      Using the most updated version of the 'Summary of Area by Cleaning
            Specification report' insert the m2 of each of the six standards of clean into
            the corresponding (middle) column.

     2      Set external areas and external windows to 'Yes' or 'No', depending on
            whether you have requested these services in the Establishment
            Information Sheet.
    3      Do the same for Additional Requirements 12 to 15 (and any others you
           may have included).

    4      Where the area of any of the six standards of clean is zero or any of the
           other requirements are set to 'No' shade the corresponding cell in the
           pricing column (£ ) to prevent it being inadvertently priced.

           NB:    Table B will be used to provide a transparent pricing mechanism
                  for variations to contract.


6   You will need to make yourself aware of the legislation and statutory guidance
    which applies to tendering processes and its implications. These are:

    (i)    The Transfer of Undertakings (Protection of Employment) Regulations
           2006 (TUPE Regulations) www.opsi.gov.uk/si/si20060246.htm

    (ii)   ODPM Circular 3/2003.


    The TUPE Regulations

    For those engaged in procurement of cleaning services it is quite likely that the
    contract you are procuring will involve the transfer of staff either from one
    contractor to another or from the Council to an external provider.

    Arrangements that involve the transferring of staff from one employer to another
    will be subject to the European Community 'Acquired Rights Directive' and to the
    Transfer of Employment (Protection of Employment) Regulations 2006, more
    commonly referred to as the 'TUPE' Regulations.

    The law relating to TUPE is both complex and evolving therefore no attempt is
    made to consider, discuss or interpret the legislation in detail within this
    guidance.

    In very broad terms, the TUPE Regulations provide that when a procurement
    activity results in the transfer of the service from one organisation to another,
    then the employees providing that service have a right to be transferred from
    the old provider to the new provider upon their existing terms and conditions
    of employment. It also places certain duties and responsibilities on the
    transferor (the employer before the transfer) and the transferee (the employer
    after the transfer has taken place). A brief summary of some of the most
    important of these duties and responsibilities is listed below, however, schools
    (very particularly those who employ the staff directly) must familiarise
    themselves with the guidance in Devon Procurement Services' Procurement
    Guidance and the Corporate Policy for staff transfers before embarking on
    this process. These documents can be downloaded from:
    staff.devon.gov.uk/ppgapstafftransfers.htm
Under the TUPE Regulations

   Any employee dismissed because of the transfer will be deemed to be
    dismissed unfairly unless the dismissal was for an economic, technical or
    organisational reason (Regulation 7).

   There is a requirement on the part of the transferor (existing employer) to
    provide the transferee (new employer) with 'employee liability information'
    such as information about the terms and conditions of employment of the
    employees that are subject to the transfer and matters such as
    disciplinary/grievance proceedings and claims or potential claims (Regulation
    11). www.staff.devon.gov.uk/ppgapstafftransfers.htm

   There is a duty on the existing employer to update this information if any
    changes occur prior to the transfer.

    NB:       The provision of inaccurate or incomplete information may
              lead to claims from the successful contractor for
              compensation. It may also result in an employment tribunal
              awarding 'just and equitable' compensation. This can involve
              significant sums!

   The transferor and transferee have a duty to inform and consult
    representatives of the employees who may be affected by the transfer, or
    measures taken in connection with it. (Regulation 13). In your case, those
    employees affected by the transfer might include:

    -   those individuals who are to be transferred

    -   their colleagues in your wider workforce who will not transfer, but whose
        job might be affected by the transfer.

   The new employer (in this case the successful contractor) is also required to
    undertake a similar range of measures.

    NB:       The extent of the duty to inform and consult with employees'
              representatives is clearly laid down in the TUPE Regulations.
              Failure to undertake this process fully and/or properly may
              lead to compensation claims in an industrial tribunal. Schools
              who employ the transferring staff directly must, therefore,
              ensure they fully understand the requirements of the
              Regulations (by reading the aforementioned guidance
              documents) and taking appropriate advice from ER
              colleagues. Where staff are employed by DCCS or a
              commercial contractor it is their duty to inform and consult
              with any staff who have a right to transfer. Schools in this
              position will still have a duty to consult with their own
              employees, such as, for example, caretakers, where they are
              affected by the transfer.
ODPM Circular 3/2003

This circular provides guidance to local authorities on how to meet best value
requirements under the Local Government Act 1999. Annex C of the circular,
'Handling of Workforce Matters in Contracting' and Annex D of the circular, 'Code
of Practice on Workforce Matters in Local Authority Service Contracts' are of
particular relevance and constitute statutory guidance.

       Annex D refers to local authority service contracts which involve a transfer of
        staff from the local authority/school to a contractor (and subsequent
        re-tenderings of those contracts, see Devon Procurement Services'
        Procurement Guidance for further information). In short the obligations are
        that any staff transferring out from the Authority (a process known as
        'contracting out' our 'outsourcing') must do so (i) on the basis that TUPE
        applies, so that they transfer on their existing terms and conditions of
        employment and (ii) that they have access to the Local Government
        Pensions Scheme (LGPS) or are offered a broadly comparable pension
        scheme (certified by the Government Actuaries Department) if they are in the
        LGPS at the time of the transfer.

All the contractors listed in the Alternative Portfolio have been vetted to ensure
they have such schemes. However, some have indicated that they may still
choose to seek admission body status.

In order for contractors to assess the costs involved in providing pension
provision, ie employer contribution rates and the costs of obtaining a bond, it is
essential that the school passes a schedule containing the information listed
below to the pensions manager, DCC Pension Services at least 10 weeks before
the invitation to tender is despatched.

(i)       names and NI numbers of all the Council employees who are members of
          the LGPS whom it is envisaged will transfer. (Note: If any employees
          have multiple employments all should be listed);
(ii)      hours worked and whether full or part time;
(iii)     pensionable pay for the previous 365 days;
(iv)      current salary, to include FTE salary where the employee is part time;
(v)       the estimated date of letting the contract and its duration;
(vi)      the actual or notional date of transfer.

Pension Services will use this information to obtain an actuarial valuation from
the Council's actuary (there is a cost to this which the school will need to meet
from its budget) setting out the employer contribution costs and the value of the
bond. These 'employer' costs must then be made available to all tenderers.

The Code of Practice also deals with the treatment of new joiners to an
outsourced workforce. Where the Contractor takes on new staff to work on a
local authority contract alongside staff transferred from the Council, their terms
and conditions of employment must be no less favourable than those of the
transferred employees and they must be offered one of the following pension
arrangements:
    (i)     Membership of the LGPS;
    (ii)    Membership of a good quality employer pension scheme, either a
            contracted-out, final salary based defined benefit scheme, or a defined
            contribution scheme;
    (iii)   Stakeholder pension scheme.

    It is the Authority's responsibility, in this case the school's, to ensure the
    successful contractor complies with these requirements by monitoring adherence
    on an ongoing basis.

    Depending on the prevailing circumstances at the school, follow the steps
    outlined in the three relevant options outlined below (I, II or III).

I   If you, the school, employ cleaning and/or caretaking staff directly who
    have a right to transfer under the TUPE Regulations, then you should:

    a       As the employer, you must fulfil your obligations to inform and consult with
            the staff affected by the transfer. This process should begin at the earliest
            opportunity and the trade unions will need to be advised, in writing, of the
            following:

               the fact that a transfer is to take place, the date (proposed date) of the
                transfer and reasons for it;
               the legal, economic and social implications of the transfer for the
                affected employees;
               the measures the Council will be taking in relation to the affected
                employees; and
               the measures the Contractor will be taking in relation to the affected
                employees.

            It is strongly recommended that you involve ER in any process involving
            the transfer out of Council employees. They will advise you on your
            responsibilities and on the range of duties you must undertake in
            connection with the transfer. You must allow sufficient time from the date
            of contract award to the start date of the contract to allow sufficient time to
            inform and consult with the affected staff. Your ER representative will
            advise you in this regard.

    b       Prepare employee information for each of the staff entitled to transfer (to
            send to each of the tendering contractors) so that they will be fully aware
            of all TUPE costs when preparing their bid. Use Appendix B1 at the rear
            of this document for this purpose.
           TUPE schedules must not identify staff by name. However, it is
           sometimes possible to identify individuals from the general detail which
           must be provided in the schedule. It is important therefore to ensure that
           none of the information disclosed is either used improperly or transmitted
           elsewhere. Therefore TUPE schedules should not be included in the
           main Invitation to Tender documentation. It is recommended good
           practice to obtain a TUPE Confidentiality Undertaking which must be
           completed and signed by the tenderer before the TUPE schedule can
           then be released (see Appendix C).

     c     If any of the staff who are liable to transfer are in the LGPS, you should
           write to the Pensions Manager, DCC Pension Services (at least 10 weeks
           before the Invitation to Tender is despatched) to obtain an actuarial
           valuation.

     d     Take all necessary steps to ensure that you inform and consult fully with
           all staff affected by the transfer (those entitled to transfer and those in the
           wider workforce who may be affected by the transfer). This process will
           be ongoing until the transfer is completed. It is good practice to seek to
           involve the trade unions at an early stage in the procurement process.
           You should also obtain appropriate advice from ER colleagues. The level
           and extent of such involvement will be dependent on the size and scope
           of the procurement and accordingly should be appropriate and
           proportionate.

     e     Take advice from ER colleagues on the implications of the Job Evaluation
           exercise, and its possible outcomes, on the Employee Liability information
           you provide. This will be relevant until the outcomes of the Job Evaluation
           exercise have been fully implemented.

II   If the staff who have a right to transfer under the TUPE Regulations are
     employed by DDS/a contractor:

     a     You should write to DCCS/the contractor in the manner outlined in
           Appendix A requesting them to complete and return the employee
           information schedule (Appendix B) enclosed with your letter.

           You should also request that they include an actuarial evaluation of
           pension costs from the Pensions Services Manager if any of the staff
           (who have a right to transfer) are in the LGPS. Please remember that it
           may take DCCS up to 10 weeks to obtain this information.

           TUPE schedules must not identify staff by name. However, it is
           sometimes possible to identify individuals from the general detail which
           must be provided in the schedule. It is important therefore to ensure that
           none of the information disclosed is either used improperly or transmitted
           elsewhere. Therefore TUPE schedules should not be included in the
           main Invitation to Tender documentation. It is recommended good
           practice to obtain a TUPE Confidentiality Undertaking which must be
           completed and signed by the tenderer before the TUPE schedule can
           then be released (see Appendix C).
      b        You must allow the existing employer reasonable access to the affected
               staff for them to inform and consult with their staff about the transfer
               process. (This will include on-site meetings).

      c        You must inform and consult with any staff employed directly by the
               school who may be affected by the transfer, such as, for example,
               caretaking staff.

III   Where there are no staff to transfer because of vacancies or there are no
      permanent members of staff employed at your school to undertake
      cleaning and/or caretaking, ie agency staff are being used, then the Transfer of
      Undertakings (Protection of Employment) Regulations 2006 will not apply. If you
      use DDS or commercial contractors:

      (i) you will need to get this position confirmed in writing before undertaking the
      tendering process;

      (ii) you should also ensure that DDS/your contractor does not fill these vacancies
      with permanent members of staff before the start date of the new service
      arrangements.


7     Decide on the award criteria for the Agreement. This is good practice (for higher
      value contracts it is a requirement) and ensures the award of the Agreement is
      transparent. Some examples have been included in the 'Letter of Invitation to
      Tender' (see 8 below).


8     Amend the outline 'Letter of Invitation to Tender' (see Appendix D at the rear of
      this document) to suit your particular circumstances. Then write to each of the
      Alternative Service Providers inviting them to tender. When considering the
      number of service providers from the Portfolio to invite to tender/supply a
      quotation, you are required to comply with the minimum standards outlined in the
      Authority's Financial Regulations:
      www.devon.gov.uk/index/your-council/decision-making/constitution/part5/procedures-tenders.htm.

      Whether you have to seek quotations or tenders and the number of each you are
      required to obtain, will depend on the estimated value of the proposed
      agreement aggregated over its lifetime.

      NB:     Financial Regulations require you to invite DCCS to submit a tender/
              quotation.
     Be sure to include the following documentation with each letter of invitation:

     i)     a copy of the proposed Alternative Portfolio Building Cleaning and
            Related Services agreement.

            Remember to include a copy of the following Schedule I:

            a)     an Establishment Information Sheet

            b)     a Block and Room Report

            c)     a site plan.

            NB:    Please note that copies of the 'General Cleaning Specification' and
                   'Cleaning Standards Specification' have already been sent to all
                   the Alternative Service Providers and therefore you do not need to
                   include copies at Schedule I (unless you have amended these
                   documents).

     ii)    A copy of the Confidentiality Undertaking relating to the provision of
            TUPE information for the contractor to sign and return.

            NB: Do not forget to forward the TUPE information to the contractor as
                a matter of priority once you have received back the completed
                Confidentiality Undertaking! If you do not receive the completed
                Confidentiality Undertaking in reasonable time contact the
                contractor to ascertain why.


9    When the Service Providers' tenders arrive, store them somewhere secure under
     lock and key until the pre-arranged time of opening. You must ensure that you
     record the time and date that you receive each tender and issue a receipt if the
     tender is handed in in person. Ensure at least two persons are present to
     witness and record the opening of each tender and the amount of each tender/
     quotation.


10   Analyse the tenders against your award criteria to determine which represents
     best value for money for your school. The small spreadsheet annexed at the
     back of this document can be used to summarise the resources stipulated in
     each tender for comparison purposes (see Appendix G) or use a similar one
     devised by yourselves. You should also make a note of any questions/
     observations you may have which need clarification from tenderers before
     making a final award decision.

     NB:    i)     Always make sure you seek any such clarifications before you
                   award the contract, while the 'balance of power' lies in your favour.

            ii)    If you choose to interview one or more service providers before
                   making your award decision, ensure you make a written note of
                   any clarifications or commitments which are given (see note 12
                   below).
            iii)   Briefly document your reasons for awarding the contract to the
                   successful service provider and why you did not award it to the
                   others – this may be required for debriefing (see note 13).


11   If any of the staff eligible to transfer are in the LGPS and the successful
     tenderer is a contractor who has indicated that they wish to seek admitted
     body status then the school must notify the Pensions Manager and provide
     the following information:

        the effective date of the transfer
        the business case in support of the application (ie why the service has been
         tendered)

        the length of the contract
        whether the scheme is to be closed or open (ie only applicable to those staff
         who transfer or also applicable to new staff engaged in the service)
        the legal status of the Contractor, ie a company limited by shares or by
         guarantee
        the full legal trading name
        the registered number, registered address and administration address
        details of the payroll provider
        a copy of the Memorandum and Articles of Association
        a set of the Contractor's most recent accounts
        the contact details for the Contractor.

     The Pensions Manager will deal with the application and submit it to the
     Investment and Pension Fund Committee. This Committee will decide whether
     or not the applicant (ie the successful tenderer) should be admitted to the LGPS
     and if approving the application will require that as a condition of entry the
     successful tenderer must provide an indemnity or bond which is essentially
     aimed at protecting the pension fund should the applicant fail to meet its financial
     obligations. In terms of scheduling, schools need to be aware that this
     Committee only meets four times a year, usually in February, May, July and
     November. Additionally, all Committee papers have to be ready for circulation
     10 working days prior to the Committee meeting.

     The tenderer's application must be approved by the Investment and Pension
     Fund Committee before the contract can commence, in order that the
     transferring staff's pensions are continuous. It is also important to be aware that
     a successful tenderer who has had an admission body application approved will
     be required to enter into an Admission Agreement and an Indemnity/Bond. Legal
     advice must be sought on both.
     If the tenderer's application for admittance is turned down, the service provider
     will have to put in place a 'broadly comparable' pension scheme.


12   Amend the outline 'Letter of Award' (see Appendix E at the rear of this document)
     to suit your particular circumstances and send it to the successful service
     provider. You may wish to include reference to any clarifications or additional
     commitments the contractor has given during the evaluation process.

     Do not forget to include the copy of the Agreement submitted by the successful
     contractor for signing but before doing so:

     i)     insert the name and address details of the successful service provider at
            (2) on page 1;

     ii)    insert the name of the successful service provider on page 13.

     You may wish to send the Agreement by recorded delivery. Regardless, it is
     good practice to take a photocopy of the Agreement in case the original gets
     lost!


13   Write to the unsuccessful tenderers in the manner recommended in Appendix F
     at the back of this document.

     NB:    Where a tender has proved to be unsuccessful, service providers may
            seek feedback from the school for their own evaluation purposes. This is
            why it is important to document your award decision (as recommended in
            10 above). Such feedback need only be given in response to a request
            from the contractor(s) and can be verbal in nature unless otherwise
            requested in writing.


14   Once the signed agreement has been received back from the successful service
     provider, ensure it is properly executed by:

     i)     dating the Agreement (top of page 1); and

     ii)    having it signed and witnessed by the appropriate members of the
            Governing Body (page 13).


15   If you employ the staff directly you must inform the staff affected by the
     transfer about the outcome of the tender exercise and give proper notice. You
     should also liaise closely with the successful service provider to ensure the
     transfer process is as smooth as possible and to allow the service provider
     access to the staff for this purpose. A joint meeting of the school
     representatives, the Service Provider and the transferring staff and their Trade
     Union/employee representatives can often prove helpful in managing the
     uncertainty which inevitably arises in such situations.          It is strongly
     recommended you also involve ER colleagues.
16   Finally:

     i)     All schools should ensure that they communicate regularly with the
            successful contractor during the start up phase of the contract and on an
            ongoing basis thereafter. Good, regular communication is one of the keys
            to ensuring a successful contract.

     ii)    You should ensure your existing contractor/the school's own staff leave
            the school in an appropriate standard of cleanliness to hand over to the
            new service provider.

     iii)   Please remember that the Governing Body has a legal duty to monitor the
            incumbent service provider's compliance with the Code of Practice on
            Workforce Matters where there has been an 'outsourcing'. Therefore,
            periodically, throughout the contract, you should seek relevant staffing
            information from your Service Provider to enable you to undertake this
            duty.
                      APPENDIX

A   Notice Letter / Employee Liability Information Request

B   Employee Information Proforma (completed example)

B1 Employee Information Proforma (for use)

C   Confidentiality Undertaking relating to the provision of TUPE
    information

D   Invitation to Tender letter

E   Award letter

F   Letter informing Service Providers they were Unsuccessful

G   Spreadsheet for Tender Comparison
(AP) Notice Letter.doc


                                                                              APPENDIX A


Dear

i)      I am writing to advise you that the Governing Body has decided to subject the
        provision of Building Cleaning and Related Services to competition under the
        Alternative Portfolio Framework Agreement. As such, I am writing to give you
        notice, in accordance with the terms and conditions of contract / our agreement
        [delete as appropriate], that our existing contract / agreement [delete as
        appropriate] will terminate on [insert date].

The following paragraphs should be included if you currently use commercial
contractors and they employ permanent members of staff on your site or are
likely to do so during the notice period (see Guidance Notes: 6).

ii)     It is the view of the Governing Body that the Transfer of Undertakings (Protection
        of Employment) Regulations 2006 will apply to this process. In accordance with
        clause [insert clause number] of our contract you are obliged to provide
        Employer's Liability information about those of your staff that are assigned to the
        contract and who would be eligible to transfer in the event that a new contractor
        is appointed. [Note: If there is no contractual provision this wording will need to
        be adapted and advice on appropriate wording can be obtained from Client
        Support].

        I should be grateful therefore if you could complete the enclosed TUPE schedule
        and return it to me in an envelope marked 'Confidential' at the above address by
        no later than [insert date].

        The TUPE information will then be made available to those service providers
        invited to tender but will only be released once they have signed a confidentiality
        undertaking, the form of which is attached to this letter for your information.

        Please be aware that under the TUPE Regulations 2006, you are obliged to
        update the employee liability information should there be any changes to it prior
        to the transfer. Should this occur, please send a copy of any amendments to the
        school for my attention.

The following paragraph should be included if DDS currently provide the service
and they employ permanent members of staff on your site or are likely to do so
during the notice period (see Guidance Notes: 6).

ii)     It is the view of the Governing Body that the Transfer of Undertakings (Protection
        of Employment) Regulations 2006 will apply to this process and therefore that we
        will be required to supply employee information to those tendering for the service
        provision in the manner annexed hereto. In order for contractors to include in
        their tender submission all costs associated with the provision of the service,
        they will also require an actuarial valuation from the Council's actuary for all staff
        who may be liable to transfer who will be in the LGPS at the time of the transfer.
(AP) Notice Letter.doc




I should be grateful therefore if you could complete the enclosed TUPE schedule and
return it to me (in an envelope marked 'Confidential') at the above address by no later
than [insert date].

The TUPE information will then be made available to those service providers invited to
tender but will only be released once they have signed a confidentiality undertaking, the
form of which is attached to this letter for your information.

Depending on the prevailing circumstances schools may need to include the
following paragraph. Note, however, that only Service Providers listed in the
Alternative Portfolio can be invited to tender under this framework agreement
process.

iii)    The Governing Body will be inviting you to re-tender for the provision of Building
        Cleaning and Related Services to the school, and we will be writing to invite you
        to tender / submit a quotation [delete as appropriate] in due course.

Thank you for your assistance in this matter.

Yours etc




Enc
Employee Information Schedule (Appendix B)
Confidentiality Undertaking relating to the provision of TUPE information (Appendix C)
                                                                                            APPENDIX B


           Tender for the Provision of Building Cleaning and Related Services

           [Insert name of school]


           TUPE Schedule as at (Date) ………………………………………….


POST DETAILS                    PERSONAL DETAILS

Post       Post         Grade   M/F   Age    Standard   Current    Relevant    Pension      Pensionable      Other
Ref     Description                           Hours     Salary     Length of   Scheme          Years      Entitlements
                                             Worked                 Service    *Yes/No
                                                                                *If 'yes'
                                                                                 attach
                                                                                details


OC1    Cleaning         SO1     M     46        37      £17,540    15 years      Yes         15 years     Lease car
       Supervisor                                                  2 months                  2 months

OC2    Cleaning          T6     F     39        18      £12,600     3 years      Yes          3 years     5 hours
       Operative                                        pro rata   6 months                  6 months     additional
                                    EXAMPLE                                                               contracted
                                                                                                          overtime
                                                                                                          during term
                                INFORMATION ONLY                                                          time

OC3    Cleaning          T6     F     27        18      £11,500     1 year       Yes           1 year     Rural cover –
       Operative                                                   1 month                    1 month     casual car
                                                                                                          allowance 75
                                                                                                          miles per
                                                                                                          week

OC4    Administrative   T4/5    M     19        37      £10,750    9 months      Yes         9 months     -
       Assistant


           Probationary period, if any
           Retirement age
           Period of notice
           Current pay agreements (including any agreed pay settlements yet to come into effect)
           Overtime arrangements
           Annual leave entitlement
           Sick leave entitlement
           Maternity/paternity leave arrangements
           Special leave arrangements
           Season ticket loans (if applicable)
           Car leasing (if applicable)
           Factors affecting redundancy entitlement
           Any outstanding employment related claims, ie PI or employment tribunal
           Collective agreements
           Sporting, social, welfare or other facilities which may be asserted to be employment benefits
           Time and facilities provided for TU officials, etc
                                                                                           APPENDIX B1


          Tender for the Provision of Building Cleaning and Related Services

          [Insert name of school]


          TUPE Schedule as at (Date) ………………………………………….



POST DETAILS                 PERSONAL DETAILS

Post      Post       Grade   M/F    Age    Standard    Current   Relevant    Pension       Pensionable      Other
Ref    Description                          Hours      Salary    Length of   Scheme           Years      Entitlements
                                           Worked                 Service    *Yes/No
                                                                               *If 'yes'
                                                                                attach
                                                                               details




          Probationary period, if any
          Retirement age
          Period of notice
          Current pay agreements (including any agreed pay settlements yet to come into effect)
          Overtime arrangements
          Annual leave entitlement
          Sick leave entitlement
          Maternity/paternity leave arrangements
          Special leave arrangements
          Season ticket loans (if applicable)
          Car leasing (if applicable)
          Factors affecting redundancy entitlement
          Any outstanding employment related claims, ie PI or employment tribunal
          Collective agreements
          Sporting, social, welfare or other facilities which may be asserted to be employment benefits
          Time and facilities provided for TU officials, etc
Confidentiality Undertaking relating to the Provision of TUPE Information

                                                                                          APPENDIX C
        Confidentiality Undertaking relating to the provision of TUPE Information

            (To be completed by tenderer prior to the release of TUPE schedules)

To:             [Name of Headteacher/Chair of Governors and address of school]

From:           Company name and address of Tendering Organisation ………………..

                ……………………………………………………………………………………

Re:             Invitation to Tender for the provision of Building Cleaning and Related
                Services [insert name of school]

In relation to your Invitation to Tender for the above contract, and having taken appropriate legal
advice, we intend to submit a tender on the basis that the Transfer of Undertakings (Protection
of Employment) Regulations 2006 shall apply to the proposed contract. Accordingly, we hereby
formally request that Devon County Council provides us with the relevant TUPE schedules
concerning the staff that would be subject to transfer following the award of the contract ('the
TUPE information').

In consideration for the provision of the TUPE Information we undertake:

     To treat the TUPE Information provided to us in the strictest confidence
     To use the TUPE Information solely for the preparation of our tender and for no other
      purpose
     Not to copy or reduce to writing any part of the TUPE Information except as may
      reasonably be necessary for the submission of our tender and that any copies,
      reductions or reproductions in writing made shall be the property of the Council
     Not to disclose the TUPE Information for any purpose to any other party whatsoever
      save to such of our employees who need to know the same for the purposes of our
      tender
     To ensure that any of our employees to whom the TUPE Information is disclosed
      shall observe in full the terms of this undertaking
     To apply to the TUPE Information such security measures as are considered
      necessary bearing in mind the nature of the said information
     To return to the Council the TUPE Information and all copies of the same in whatever
      format they may exist within 21 days of a written request from the Council.

Further we undertake to indemnify and at all times keep the Council fully indemnified
against all and any loss or disclosure of the TUPE Information or any part thereof caused
by us or any of our employees in breach of the abovementioned undertakings and from
all actions, proceedings, claims, demands, costs, awards and damages properly incurred
or awarded as a result thereof.

We also acknowledge that Devon County Council may refuse to accept a non-TUPE
tender.

Signed ……………………………………….................................                     (Duly authorised signatory)

Name ……..………………………………….................................                     (In block capitals)

Job Title ..…………………………………….................................

Company .…………………………………….......................... (Full name of tendering company)

Date .. ……………………………………….................................
(AP) Invitation to Tender.doc

                                                                             APPENDIX D


Dear

INVITATION TO TENDER: BUILDING CLEANING AND RELATED SERVICES
[INSERT NAME OF SCHOOL]

I am pleased to invite you to tender/provide a quotation [delete as appropriate] for
Building Cleaning and Related Services.

I have enclosed a service specification for our school. Service providers will be required
to submit a tender/quotation based on the specified service to the Governing Body at
the school by Noon on [insert date]. Please clearly mark your tender return with the
words 'Tender for Building Cleaning and Related Services'.

The Agreement will start on [insert date].

There are some other matters to which I must make particular reference.

[Choose only one of the following four paragraphs to include in your letter of invitation to
tender, depending on your circumstances]

1       If you, the school, directly employ staff who have a right to transfer under
        the TUPE Regulations

        The Governing Body is of the opinion that the Transfer of Undertakings
        (Protection of Employment) Regulations 2006 will apply to the Agreement.
        Additionally, Annex D, the Code of Practice on Workforce Matters in Local
        Authority Service Contracts, will apply to this agreement. As such, staff currently
        employed by the Authority will not only have their terms and conditions of
        employment protected under the TUPE Regulations 2006 but those in the Local
        Government Pension Scheme at the time of the transfer must be offered
        continued membership of the scheme or membership of an alternative scheme
        which is certified by the Government Actuaries Department as being broadly
        comparable.

        To this end I have enclosed employee information which includes details of
        membership of the Local Government Pension Scheme for each of the staff we
        have identified as entitled to transfer under the TUPE Regulations 2006.

        Please also note that where the successful service provider takes on a new staff
        to work on a local authority contract alongside staff transferred from the Authority
        their terms and conditions of employment must be no less favourable than those
        of the transferred employees and must be offered one of the following pension
        arrangements.

            Admission Body Membership of the LGPS
            Membership of a good quality employer pension scheme, either a contracted
             out, final salary based defined benefit scheme or a defined contribution
             scheme
            Stakeholder pension scheme.
(AP) Invitation to Tender.doc




        The successful service provider will be required to provide the school with
        information to enable it to monitor compliance with these new requirements. This
        information will include the terms and conditions of transferred staff and the
        terms and conditions for employees recruited to work on the contract after the
        transfer. Alternative Dispute Resolution procedures will apply to contracts let
        under this Code of Practice, in the event that disputes over compliance arise.

        If the staff who have a right to transfer under the TUPE Regulations are
        employed by DDS

        The Governing Body is of the opinion that the Transfer of Undertakings
        (Protection of Employment) Regulations 2006 apply to the Agreement.
        Additionally, Annex D the Code of Practice on Workforce Matters in Local
        Authority Service Contracts, will apply to this agreement. As such, staff currently
        employed by the Authority will not only have their terms and conditions of
        employment protected under the TUPE Regulations 2006 but those in the Local
        Government Pension Scheme at the time of the transfer must be offered
        continued membership of the scheme or membership of an alternative scheme
        which is certified by the Government Actuaries Department as being broadly
        comparable.

        To this end I have enclosed employee information supplied by the current service
        provider, Devon Catering and Cleaning Services. Any enquiries relating to this
        information should be sent in writing for the attention of the General Manager,
        Devon Catering and Cleaning Services, Falcon Road, Sowton Industrial Estate,
        Exeter EX2 7LB, or e-mailed to DCCS@devon.gov.uk. The Governing Body
        cannot and does not warrant the accuracy of this information and will not accept
        any liability whatsoever for any losses sustained from its use howsoever arising.

        Please also note that where the successful service provider takes on a new staff
        to work on a local authority contract alongside staff transferred from the Council,
        their terms and conditions of employment must be no less favourable than those
        of the transferred employees and must be offered one of the following pension
        arrangements.

            Membership of the LGPS
            Membership of a good quality employer pension scheme, either a contracted
             out, final salary based defined benefit scheme or a defined contribution
             scheme
            Stakeholder pension scheme.

        The successful service provider will be required to provide the school with
        information to enable it to monitor compliance with these requirements. This
        information will include the terms and conditions of transferred staff and the
        terms and conditions for employees recruited to work on the contract after the
        transfer. Alternative Dispute Resolution procedures will apply to contracts let
        under this Code of Practice, in the event that disputes over compliance arise.
(AP) Invitation to Tender.doc




        If the staff are currently employed by a commercial contractor

        The Governing Body is of the opinion that the Transfer of Undertakings
        (Protection of Employment) Regulations 2006 will apply to this process.

        To this end we have sought and enclosed TUPE information from the current
        contractor [insert name of contractor]. Any enquiries relating to this information
        should be sent to [include contractor's contact details]. It should be noted
        however that the Governing Body cannot and does not warrant the accuracy of
        this information and will not accept any liability whatsoever for any losses
        sustained from its use howsoever arising.

        If there are no staff to transfer because all the posts are vacant or are being
        covered by temporary members of staff

        The Transfer of Undertakings (Protection of Employment) Regulations 2006 will
        not apply to this tendering process as the current service provider [insert name]
        has confirmed that there are no staff currently employed by them who are/will be
        entitled to transfer under the Regulations.

2       Include this paragraph if any of the staff who are liable to transfer (either
        school based or with DDS) are in the LGPS at the time of tendering

        Please state clearly whether your tender submission is based on seeking
        admittance to the LGPS or whether you will provide a 'broadly comparable' GAD
        certified pension scheme.

3       Include these paragraphs – unless, there are no staff to transfer

        a)      Tenderers are expected to include in their tender submission all costs
                associated with the provision of the service including any costs arising
                from a TUPE transfer. Please state clearly whether your tender is TUPE
                based.

        b)      Please provide an answer to each of the following questions with your
                tender submission. If awarded the contract subject of this tender
                exercise:-

        i)      What pre-transfer negotiations and discussions will you undertake with
                employees and their representatives, including recognised trade unions?

        ii)     How will you ensure that the terms and conditions offered (including
                pension arrangements) meet the requirements of ODPM 3/2003?

        iii)    What additional information will you supply to transferring staff that may
                ease their transition to a new employer, eg company literature or other
                relevant information?
(AP) Invitation to Tender.doc




        iv)      How will you ensure that the transferred employees are fully trained in
                 your systems and procedures at the commencement of the contract?

        v)       For transferring staff the TUPE process can be an anxious time. Detail
                 any other means you intend to use to make the transfer as straightforward
                 for employees as it possibly can be.

        vi)      What resources do you require from Devon County Council, if any, in
                 order to assist in the smooth transition of staff? (Note: This question
                 relates specifically to direct transfer from Authority to Contractor rather
                 than a transfer from incumbent contractor to a new contractor)

        vii)     Whilst staff have the right to transfer to the employment of the successful
                 tenderer they may of course choose not to do so. Bearing this in mind,
                 what contingency plans do you have to ensure the contract will be
                 properly resourced from the outset?

        Include all the following paragraphs

4       For the avoidance of doubt, the following documents will form the Agreement
        between the school and the successful Service Provider.

              Alternative Service Provider Agreement

              Contract between the school and Service Provider (enclosed)

              Letter of Award and any further clarifications obtained in response to your
               submission

5       The Governing Body intend to award the contract week beginning [insert date]
        and a representative from your company may need to be available during that
        week to attend an interview.

6       You are invited, and strongly encouraged, to visit the school to view the premises
        before submitting your tender. Please telephone the school in advance to
        arrange your visit on [insert telephone number]. Please ask for [insert name].

7       Any queries you have regarding this documentation should be emailed to [insert
        email address]. These questions and any answers will be distributed to all
        tendering Service Providers unless they are specifically confidential and relevant
        only to the tenderer who has asked the question. The source of the original
        enquiry will not be disclosed.
(AP) Invitation to Tender.doc




8       The contract will be awarded on the basis of both quality and price.
        Considerations will centre on:

            the cleaning hours/output rates/staffing structure
            the Service Provider's understanding of the labour market in [insert name of
             your village/town/area]
            the strength of the management structure, particularly the local management
             structure
            the tender representing overall best value for the school.

        [Insert any other criteria you wish to include here]

9       The successful Service Provider will be required to submit Key Performance
        Indicators (KPI) to the Governing Body at the end of each calendar month. This
        process may evolve during the lifetime of the Agreement, but at the outset the
        following KPI will be required:

            copies of standards audits, detailing what remedial actions have been taken
             when standards have been identified as being below those specified
            weekly hours actually worked by the on-site staff
            a visit log, detailing the purpose of each management visit
            a CRB vetting report, to identify the vetting status of each member of staff
            a reference report for all new members of staff to identify when and from
             whom references were obtained and if they were satisfactory.

10      Finally, please acknowledge receipt of this letter and enclosed documentation,
        indicating if you wish to proceed with submitting a tender.              Your
        acknowledgement should be made by return.

Yours sincerely




Enc     Copy of Service Agreement
        Employee Liability Information (if applicable)
(AP) Award Letter.doc

                                                                           APPENDIX E



Dear

TENDER AWARD FOR BUILDING CLEANING AND RELATED SERVICES:
[NAME OF SCHOOL]

I am writing to advise you that the Governing Body of [insert name of school] has
decided to award the Agreement for Building Cleaning and Related Services to [insert
name of successful tenderer] for the sum of £[insert sum]. The award is subject to the
terms and conditions of the Agreement, the resources stipulated in your tender and any
subsequent clarifications or amendments you have given in e-mails [optional: or during
our meeting(s) of (insert date/s)]. There are some other important matters to which I
must draw your attention.

1      [Include this paragraph if you, the school, or DDS currently employ
       permanent members of staff who are entitled to transfer under the TUPE
       Regulations to the successful service provider]

       For the avoidance of doubt, the Transfer of Undertakings (Protection of
       Employment) Regulations 2006 and statutory guidance in ODPM Circular
       03/2003 will apply to this Agreement.

2      [Choose only one of these paragraphs for inclusion, depending on your
       circumstances]

(i)    If you currently employ the staff directly:
       Please be sure to liaise closely with the school over the transfer of the staff
       currently in our employment who are eligible to transfer to your employment to
       ensure that we both fulfil our obligations to the transferring staff under the
       Transfer of Undertakings (Protection of Employment) Regulations 2006 and to
       make the process as smooth and worry free for them as possible. Please liaise
       with [insert name] for this purpose on [insert telephone number].

(ii)   If the staff are currently employed by DDS/a commercial contractor who
       has been unsuccessful in retaining the service provision:
       Please be sure to liaise closely with the current service provider [insert name]
       over the transfer of staff in order to ensure full compliance with the requirements
       of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
       For your information, the local manager [insert name] can be contacted on [insert
       telephone number and address].

       Note: If the Transfer of Undertakings (Protection of Employment)
             Regulations 2006 do not apply, because there are no eligible staff to
             transfer or the Agreement has been awarded to your existing
             contractor, do not include either of the above paragraphs.
(AP) Award Letter.doc




3      [If the successful contractor has applied for LGPS admission body status,
       include the following paragraph]

       The Governing Body has notified the LGPS Pensions Manager of your
       application for admission body status. The Pensions Manager will deal with the
       application and submit it to the Investment and Pension Fund Committee. The
       Committee will decide whether or not [insert name of service provider] should be
       admitted to the LGPS and if approving the application will require as a condition
       of entry that you provide an indemnity or bond. If your application for admittance
       is turned down, you will be required to put in place a 'broadly comparable' GAD
       certified scheme.

4      You will be expected to operate the Agreement at all times in a manner which
       complies with the enclosed Agreement, the responses you gave in the Technical
       Questionnaire submitted to Devon County Council as part of the shortlisting
       process for the Alternative Portfolio Framework Agreement and any subsequent
       clarifications. [The Governing Body may wish to list these – see 6 below].

5      I enclose the Agreement submitted by yourselves for ratification. Please sign
       and date the Agreement on page 14 and have your signature witnessed and
       insert the names of those to be involved at the second and third levels of dispute
       resolution on page 13. Please return the Agreement to the school within five
       working days by recorded delivery.

6      [Insert any additional points you may wish to include here. This might include,
       but not be limited to, any clarifications, assurances or amendments to the
       Agreement given by the service provider during any interview or evaluation
       process]

7      Please ensure the Key Performance Indicators you have agreed to supply as
       part of this Agreement are forwarded to the school at the end of each calendar
       month.

8      Please send a copy of your start up procedure and the timetable which you will
       be using to ensure a successful start to the Agreement. I would be grateful if
       your local manager could contact the school as a matter of priority to discuss this
       amongst other things. Please liaise with [insert name] who can be contacted on
       [insert telephone number].

Finally, could I take this opportunity to formally welcome you to the school. The
Governors/and I look forward to working with everyone at [insert name of successful
service provider] to ensure a successful future for this Agreement.

Yours sincerely
(AP) Unsuccessful.doc

                                                                              APPENDIX F



Dear

AGREEMENT FOR BUILDING CLEANING AND RELATED SERVICES:
[NAME OF SCHOOL]

(i)     I am writing to advise you that on this occasion you have not been successful in
        your tender/quotation [delete as appropriate] for this agreement.

[The following paragraph (ii) to be included if the current service provider is
unsuccessful].

(ii)    On the basis of the award criteria outlined to you in my letter of invitation to
        tender dated [insert date] the contract submitted by a company called [insert
        name] represented better value for money to the school. Should you wish to
        contact them for the purpose of liaising over the TUPE transfer, they can be
        contacted on tel: [insert number]. Please ask for [insert name]. [You may wish
        to thank the outgoing service provider for their previous services to the school – if
        so, insert here]

(iii)   Could I, however, take this opportunity to thank you for the time and trouble you
        took in submitting your tender and wish you every success in the future. If you
        wish to talk to us further about our decision, please contact [insert details] on
        [insert telephone number].

Yours sincerely
                                                                                                                                  APPENDIX G




  Company        Tender £    Weekly    Wage Rate   Supervisors      Wage      Total     Output       Hours     Total On-    Cost per   Equipment
                                                                                               2
                            Cleaning                 Hours          Rate     Weekly     Rate m      Periodic   site hours     hr*
                                                                                                                                          Poor/
                             Hours                                           Hours     per hour     Clean         pa
                                                                                                                                       Satisfactory
                                                                                                                                         / Good

DDS

Glen Cleaning

OCS

Regent Office
Care




                GUIDE        Cleaning area (m2)  weekly cleaning hours *5 – output rates greater than 190m2 should be viewed cautiously.

                            * Total hours per annum  annual cost

				
DOCUMENT INFO
Description: Letter Informing Employee Representatives About a Transfer That Is to Take Place Letter document sample