guidance notes - Newham Council

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					                           London Borough of Newham
                           Strategic Procurement Unit
                           Tel: 020 3373 8497










                                               Version: November 2009

                              TABLE OF CONTENTS

                     Guidance                                        Page

     General Guidance on completing the Application Form    …………….   3

                       Evaluation of the Application Form   …………….   5

The London Borough of Newham – Introduction and Context …………….       6

               Approved List – its Operation and Function   …………….   7

                                   Corporate information    …………….   10

                                               Accounts     …………….   10

                                              Insurances    …………….   10

                                  Bonds and Guarantees      …………….   11

                                     Equal Opportunities    …………….   11

                                         Health & Safety    …………….   13

                                           Sustainability   …………….   15

                                             References     …………….   15

                                   Small and New Firms      …………….   16

                   Acceptance of Conditions Undertaking     …………….   17


As LB Newham now operates an electronic procurement system (NECTR) all
submissions will only be accepted ‘electronically’, should you encounter any
difficulties please contact as soon as

Thank you for showing interest in being considered for the select list of Approved
Contractors for the LB Newham.

The purpose of the application process is to provide the LB Newham (the Council) with a
List of vetted and approved organisations who can be invited to tender for construction
projects below the EU Threshold within the Borough.

You are advised to read the accompanying information about the Approved List, the
Council and its requirements before you complete the Form.

Information contained within the Form and completed by the Applicant will be contractual
information and will form part of any contract documents for the Organisation if and when
they are awarded any contract. Any errors within an Applicant‟s submission may therefore
be regarded as a breach of contract and Applicants should take the utmost care to ensure
the accuracy of the information provided. Any information, which, at the time of the
submission to the Council, is provisional, should be carefully marked as such.

The information disclosed in an Applicant‟s Form will be treated in the strictest confidence.
Approving an Organisation or issuing any invitation to tender based on this information
does not imply any guarantee by the Council as to that Organisation‟s financial standing or
technical competence. The Council reserves to itself the right to return to these matters as
part of any tender evaluation.

For general guidance, the Applicant should complete all the questions on the Form,
regardless of their commercial status (being a Sole Trader, Private Limited Company,
Public Limited Company, Limited Liability Partnership or other Partnership, Industrial and
Provident Society, Community Interest Company, Charitable Trust or other commercially
recognised organisation). Where there is a reference to a commercially known office or
position or Company environment an Applicant should assume the equal and equivalent in
their own Organisation.

The Application Form, together with supporting data, documents and information that is
received by the Council or its agents will be treated as private and confidential, subject to
what follows. The Applicant‟s attention is drawn to the provisions of the Freedom of
Information Act 2000 and that the Council may receive requests for information from third
parties about a proposed contract intended to be let by the authority. Should a request be
received for information in respect of this Form and supporting documents submitted by an
Applicant the Council will, in accordance with the provisions of the Act, determine whether
information should be disclosed.

As part of its deliberations the Council will consult with an Applicant before determining
whether to release information or data. The Applicant should satisfy themselves in respect
of the Act and take their own legal advice on the aforementioned legislation if any of the
documents and/or data it intends to submit is commercially sensitive. Where this is the
case, Applicants should mark them appropriately to signify their status but even if so
marked they will still have to be assessed by the Council under the said Act.

Furthermore, where the contents of the Form and this Guidance make reference to “you”,
”yours”, ”firm” “Organisation”, “Applicant” or other, all shall mean the Organisation
completing this Form. Similarly, “we” or “us” means the London Borough of Newham.

In addition, the following should be noted:

   (See our attachment “How to apply”)

 The Application Form asks for information that relates to Newham‟s Corporate, statutory
  requirements and expectations of firms doing work for the Council as well as seeking
  information on quality assurance and management processes.

 Applications must be fully completed with all questions answered and supporting data
  and information attached and submitted by the due date and time. Your application may
  be rejected if you do not answer a question.

 Any queries regarding this Application Form should be directed to SPU using the
  dialogue facility on the NECTR system.

 The information you submit must be in the order of the questions and clearly indexed
  against the question number.

 Submissions will need to include scanned documents. Originals may be requested as
  part of the evaluation and verification process.

 All attached information must be clearly identified with the Applicant‟s name and the
  question number to which it relates.

 The Title of any attachments must clearly identify the nature of the document..

 The Council reserves the right to seek clarification of your answers and to ask you to
  provide more details.

 The submission of an Application Form via the NECTR system will be deemed as a
  Declaration and Undertaking by the Applicant that the Application is made in keeping
  with the Acceptance of Conditions Undertaking as quoted at the end of this

 Do not include any publicity or marketing material with your submission, although the
  inclusion of a Web Site address is permitted.

 Please answer the questions specifically for your Company and not for the group if you
  are part of a group of companies. Where, however, group policies, statements, etc are
  normally used, please answer accordingly.

 Please note that the part of the organisation that completes the Application Form is the
  one that may be invited to tender and which will enter into any subsequent contract. The
  Applicant should take care to ensure that the identity of the Organisation making this
  Application is correct.

 Before submitting your completed Application Form, please ensure that all the
  questions have been answered and all relevant documents included.

 Additional advice on your submission in the following specific areas is provided:

             Environmental Policy
             Equal Opportunities
            Health & Safety
            Accounts, Insurance, References
            Bonds and Guarantees
    The Council will not be liable for any costs incurred by an Applicant in submitting this

    Due to the nature of the work, all firms applying for inclusion on the Approved List of
     contractors (with the exception of Consultancy firms) will be expected to hold a valid
     Waste Carrier‟s Licence.

    All information provided by the Council is not warranted and shall be treated as private
     and confidential. The Council will use reasonable endeavours to ensure all information
     supplied to Applicants is accurate and complete but will not be liable for any
     misstatement or misrepresentation made by the Council except where such
     misrepresentation is made otherwise than in good faith.

    The Council is not bound to ascribe a place on the Approved List to any applying Firm or
     Organisation that submits a completed Application Form. Further, any action on the part
     of the Council or the Applicant which might be construed as creating a legal relation will
     not be construed as such, save as may be inferred at law, or there is specific
     correspondence or agreement creating a contractual relationship.

    Applying Firms should read the following notes on the Approved List before proceeding,
     so as to ensure they understand the function of the Approved List and its Operation.

    Applications for categories on the Approved List where an opportunity has not been
     advertised will not be considered and such Applications will not necessarily be

    If you apply for additional categories of work, we will accept your previously-completed
     Application Form so long as all the information remains the same. To enable us do this,
     you must advise us by letter, attached with your submission, quoting the NECTR
     reference of the Forms‟ location.


Evaluation of the Application Form:

       All Parts of the Application Form must be passed.

       Failure to meet the minimum requirements of any one Part will result in the
        application not progressing to the next stage of the process.

       All questions must be answered.

       Some questions are for information purposes only.

       The Evaluation Criteria for the Application Form are included with the other
        application documents.


           The London Borough of Newham - Introduction and context

Situated just three miles from the City of London, in the heart of the East End, the London
Borough of Newham sits just north of the River Thames overlooking the Millennium Dome and

Newham is London's best-connected borough. There is easy access to the centre of London
by road, rail and tube. City Airport, in Silvertown, has regular flights to domestic and European
destinations and the award-winning Stratford International Station will soon offer a direct rail
link to Paris via the Channel Tunnel. The A13 runs through the centre of Newham, providing
quick access to both the centre of London and the M25.

Newham's key location as the gateway to London has shaped its past and will influence its
future: Newham takes in much of London's revitalised docklands, including the ExCeL
international exhibition centre and luxury homes that overlook the Thames.

The borough is at the centre of London's plans for the 2012 Olympic and Paralympic games.
The Games will see an 80,000-seater stadium built in Stratford - which will also be at the heart
of a prestigious new development, Stratford City, comprising 4,500 new homes, nearly half a
million square metres of office space, hotels, schools and a shopping centre to rival any in the

Major regeneration schemes are also underway in other parts of Newham, including Canning
Town, Custom House and West Ham and there's still plenty of space for more development
making it the largest available city site in Europe.

It's not just the shining new buildings and facilities that make the borough vibrant: Newham has
the youngest and most diverse population in the UK. Over 40 per cent of the 254,000 people in
Newham are under 25 years old and more than 100 languages are spoken locally - from
Albanian to Zhuang. All of this makes for an area rich in culture, flavour and atmosphere where
local people take great pride in being part of a global village. The Borough's youthful vigour
and creativity has fused with the traditional East End values of warmth, friendliness, community
spirit and good humour to make Newham a welcoming place with a unique character.

                                  THE APPROVED LIST

                                 Its Function and Operation
The Approved List - Applications

When the Council wishes to tender a works contract whose value is below the EU threshold, it
selects its list of tenderers from firms on the Council‟s Approved List. All Firms on this List have
been vetted by the Council so as to ensure they are suitably established as a Firm to meet our
stringent requirements of financial probity and administrative integrity.

The Application Form asks for information on:

                 Financial standing
                 Levels of Insurance
                 Health & Safety
                 Equal Opportunities
                 Etc

The submissions are evaluated against the Council‟s minimum criteria for acceptance onto the
Approved List. Advice on completing the form is provided in the Guidance Notes that follow.

Firms are also asked questions that enable the Council to assess their quality assurance and
management processes in the field in which they have applied to operate.

Finally, six referees are requested for each work Category that you are applying for.

The List - Categories

Once you have been accepted onto the List you will be eligible for inclusion on tender lists for
Council projects, and will not have to re-submit this company information as part of a tender

The List is divided into work Categories and a list of the categories is available from the
Strategic Procurement Approved List website at:

To ensure a reasonable level of tendering opportunity, each Category will be limited and the
opportunity to apply will only be advertised on our website when there are vacancies.

To further improve tendering opportunities, the three largest categories – building, plumbing
and electrical - will each be sub-divided into three financial bands and firms will be selected in
turn to bid for those contracts that fall within their agreed financial capacity. These price-bands

                     £5,000 to £49,999
                     £50,000 to £499,000
                     £500,000 to current EU limit

Staying on the Approved List

To remain on the Approved List, firms will need to comply with the following requirements:

1) Satisfactory performance against the Council‟s Key Performance Indicators (KPIs) as listed
   in this Guidance Note.
2) Re-submission of mandatory information as it becomes due (e.g. Annual Accounts,
   renewed Insurance Policies, Accreditations, H&S Reviews, etc).
3) The provision of any information relevant to their company, its performance and its eligibility
   for inclusion on the Approved List as and when it might be requested by the Council.
4) Notification of any changes that impact on the information originally supplied on the
   Application Form.

Please note:

     The company information in (2) above must be pro-actively submitted by the organisation
      as it becomes due. The Council will not pursue this information. If the information the
      Council holds becomes out of date, a firm‟s eligibility for inclusion on a tender list will lapse.

Suspension from the Approved List1

Failure to comply with any of the above requirements may result in suspension and
subsequent removal from the List. In addition, the following actions may lead to suspension:

a.    Consistent failure to respond to an invitation to tender or requests for quotation
b.    Withdrawing a tender without an acceptable reason after it has been opened
c.    Failure to comply with the provision of a contract or official order
d.    Behaviour that proves the firm unsuitable for inclusion on the Approved List (for example –
      conduct prejudicial to public safety or likely to bring the Council into disrepute).

Selection for tendering

Selection for inclusion on tender lists is done in two ways:

          a) Through the process of rotation of the List and / or
          b) By nomination from a previous Newham client.

Rotation is managed, through the Council‟s NECTR electronic tendering and contract
management software system, in such a way that all Firms get an equal chance, over a period
of time, to tender for work. The process ensures that firms are offered opportunities within their
Category that match their financial and operational capacity.

Rotation is itself managed in two ways:

          i)     All firms in turn, based on the time since their last invitation to tender,
          ii)    One selected by automatic, random selection by NECTR. This avoids the
                 creation of repeated tender lists and gives all firms in each category an additional
                 chance of an invitation to tender, regardless of where they are on the List.

    From the London Borough of Newham “Approved List Code of Practice.”
Nomination applies when you have satisfactorily completed a project for the Council. The client
may then nominate you for inclusion on the tender list for another project that they are

Contract Standing Orders limit the number of nominated firms that can be included on any one
tender list so as to ensure that all Firms on the Approved List have an opportunity to tender
through the process of rotation. Currently, only two firms may be nominated for any one tender.

Key Performance Indicators

Council Officers are required to submit appraisals of a contractor‟s performance at key stages
in a contract‟s process. These are accrued on the NECTR system and matched against the
Council‟s minimum required standards. Should a provider‟s performance fall below these
minimum standards, a meeting will be called to discuss the matter and seek a solution.

The KPIs on which returns are requested are:

         Quality and Standard of Workmanship
         Site Supervision
         Adequate provision of Resources
         Adherence to programme of works
         Management of the works
         Consultation and Communication
         Relationship with Employers Representatives
         Relationship with Customers i.e. occupiers, tenants, local residents
         Health and Safety on Site
         Compliance with Contractors Duties – CDM regs 2007
         Cost Predictability – Contract Price achieved
         Level of Defects - Client satisfaction
         Contractor's efforts to control, monitor and minimise environmental impact

These are the same criteria on which feedback is sought from referees. Further details of the
evaluation and monitoring processes may be had upon request.




 This information enables us to confirm proper establishment of your company and sets some
 of the other information you supply into context.

 If your organisation is a member of a Group of companies (Question 1.12b), please provide the
 requested information in the following format:

Name of organisation      Address                                      Number of      Date organisation
                                                                       partners in         formed
                                                                      organisation      (dd/mm/yyyy)

 Note: Please do not complete this table in this document. Copy the format into a separate
 document and attach it, clearly titled, with your other submissions.

 If applying as part of a consortium, please note that all member firms of the consortium must
 submit an individual Application Form in their own right.


 You must provide the last two years' accounts, signed by the accountant/auditor and firm's
 representative. If the Accounts you submit for the last year are more than 10 months old, you
 will need to confirm that the Company as described in the Accounts is still trading. You will also
 need to submit a copy of the Chairman‟s half-yearly statement or a set of Interim Accounts
 (whichever is applicable). Draft Accounts are not acceptable.

 If the submitted latest accounts become out of date prior to the start of a contract, a more recent
 set of accounts may be requested before authorisation to proceed with the contract is given.

 New and start-up firms seeking a place on our Approved List should contact Newham‟s Strategic
 Procurement Unit on the number given above if they are unable to submit two years‟ accounts but
 feel they are otherwise suitable firms to apply when measured against all the other criteria used to
 assess the Questionnaire.


 To work in Newham, all firms must have Employers' and Public Liability insurances cover and for
 acceptance onto the Approved List Newham will accept as a minimum £5 million current cover for
 each. Consultants also need to provide evidence of Professional Indemnity Insurance with a
 current minimum cover of £250,000.

 If a specific contract requires more cover than this, the tender documentation will advise you and,
 where a contract‟s insurance requirements exceed the Approved List minimum, a Broker's letter
 must be provided offering the additional levels of cover required, accompanied by a written
 undertaking from yourself to put this additional cover into effect if you are awarded the contract.


Performance Bonds or Parent Company Guarantees (PCG) will be required on any contract
with a value of £250,000 or above. PCGs may on occasion be required for contracts of a lower
value. Tender-specific information will advise on this.

Bonds and PCGs are not required for the purposes of being on our Approved List.


Legislative requirements:

A company‟s Equal Opportunities Policy must cover, and demonstrate compliance with, the
following pieces of UK legislation:

      Race Relations Act 1976 (Amendment) Act 2000
      Race Relations Act 1976 (Amendment) Regulations 2003
      Sex Discrimination Act 1975 and 1986 (as amended)
      Sex Discrimination (Gender Assignment) Regulations 1999
      Equal Pay Act 1970 (Amendment) Regulations 2004
      Disability Discrimination Act 1995 (Amendment) Regulations 2005
      Human Rights Act 1998
      Employment Act 2002
      Employment Equality (Religion or Belief) regulations 2003
      Employment Equality (Religion or Belief) regulations 2003
      Employment Equality (Sexual Orientations) Regulations 2003 (Amendment) Regulations
      Employment Equality (Sexual Orientations) Regulations 2003 (Amendment) Regulations
      Employment Equality (Sex Discrimination) Regulations 2005
      Employment Equality (Age) Regulations 2006 Amendment Regulations 2008
      The Asylum and Immigration Act 1996
      Civil Partnership Act 2000.

Newham council has adopted a set of minimum Standards for Equal Opportunities in order to
assess contractors' compliance with Equalities legislation. As a guide, the Standards are given
in the following table:

Common Standards for Racial Equality

         Level 0      Firms with less than 5 directly employed persons must provide a written
                      statement that confirms they will provide the relevant documentation when
     (Organisation    the size of their firm increases to 5 or more employees.
     of less than 5

         Level 1      1. All firms between 5 and 49 employees must provide an equal
                         opportunities policy in respect of race, gender and disability that covers at
          (5 to 49       least:
       employees)            (a) Recruitment, selection, training, promotion, discipline & dismissal.
                             (b) Discrimination, harassment & victimisation, making it clear that
                                 these are disciplinary offences within the firm.
                             (c) Identification of the senior position with responsibility for the policy
                                 and its effective implementation.
                             (d) How you communicate the policy to your staff.

                      2. Effective implementation of the policy in the firm's recruitment practices,
                         to include open recruitment methods such as the use of job centres,
                         careers service or press advertisements.
    must achieve      3. Regular reviews of the policy.
    Criteria 1 to 4
                      4. Regular monitoring of the numbers of job applicants from different
                         gender, disability and ethnic groups.

                      5. Provide written instructions to managers and supervisors on equality in
         Level 2         recruitment, selection, training, promotion, discipline & dismissal of staff.
       (50 or more
       employees)     6. Provide equality training for managers and any staff responsible for
                         recruitment & selection.

                      7. In addition to criterion 4 (level 1) carry out monitoring on the number of
                         employees from different gender, disability and ethnic groups by grade
                                    (a) In post
                                    (b) Applying for posts
    Organisation                    (c) Taking up training and development opportunities
    must achieve                    (d) Promoted
    all Criteria 1                  (e) Transferred
    to 10                           (f) Disciplined and dismissed
                                    (g) Leaving employment.

                      8. If monitoring reveals under-representation of the groups listed in 7 above
                         – to take steps including positive action to address any imbalances.

                      9. Regular reporting and consultation on equality issues within the

                      10. Mention in the firm‟s recruitment advertisements and publicity literature
                          that equal opportunities practices are in place.


If you have five or more employees, you must provide a copy of your full Health & Safety Policy
as well as completing the relevant section of the Questionnaire. You will need to ensure that all
supporting documents are included with your submission.

If you are not currently subject to UK legislation, please supply details of your experience in
working under equivalent legislation which is designed to promote the health and safety of
employees and the public. You should include details of how you intend to ensure compliance
with all relevant legislation and/or any contractual arrangements with an external health and
safety consultancy.

Organisations applying to provide specialist services (e.g. Asbestos Removal, Ionising
Radiation or Confined Space work) may be required to provide further evidence of applicable
licensing, certification and training.

The Policy will be fully assessed against the demands of the Category/ies you are applying for
so you must ensure that all supporting documents are included with your submission.

The following Guidance will be of specific assistance:

1. The safety statement should demonstrate your commitment towards Health and Safety and
   must be signed and dated by your director or person who has ultimate responsibility within
   this area. This document should not be more than five years old. It must also be on your
   company headed paper.

2. Care should be taken when writing a Health and Safety document that it is written in a
   professional manner.

3. The information supplied should clearly indicate – where applicable - how your organisation
   deals with high-risk areas that apply to your business activities, i.e. Manual handling,
   RIDDOR, Display Screen Equipment (DSE), COSHH regulations, Lone working, Training of
   staff, vetting and control of sub contractors, checking for or dealing with Asbestos, etc.

   Each arrangement should clearly state:

             who is responsible
             what they have to do
             who they report to
             when action should be taken
             how it should be done
             when it will be reviewed / audited, etc.

    and contain the Form (manual handling, COSHH assessment, DSE etc) on which these
    actions are recorded. In general we would be looking for the standards that you would be
    setting and how they will be implemented and maintained.

    At least three current risk assessments specific to the nature of the category/ies applied for
   should be included in this submission.

4. Where applicable, a H&S policy should also contain a section on:

              how staff will be trained (including and especially Health and Safety training)
              when they will receive their training
              how often it will be repeated
              what actions will be taken if they fail the training
              how records will be kept, etc.
              what monitoring arrangements you have
              what controls are in place to ensure that your policies and procedures will be
              what action will be taken should you find non-compliance.

   It should also state how your staff would be informed of any change.

5. A review period for your Health and Safety policy must also be considered and noted i.e., 6
   monthly, annually (please advise next due date) or when legislation changes.

6. Please note: When you review your H&S policy, Newham must be kept fully informed of
   any changes that you make; this can be done either by e-mail or letter.

7. If the above points are not addressed within your policy documents your application may be

8. You could also be subject to an on-site audit on Health and Safety at any time. You must
   ensure that you adhere to your policy at all times.

9. Firms wishing to be considered for specialist areas of work should submit relevant certificates
   and method statements.

10. If you have any problems please contact Ray Bush (Strategic Procurement Unit) on 020
    3373 8497 (direct line).

Accident Statistics Data – Returns Table

This is the format to be used for your Accident Statistics return requested in Question 5.07 of
the Application Form. Please do not complete the data in this Guidance but submit it in a
separate, appropriately titled document.

                               Major Injury* or                                                Dangerous
 Year           Fatal*          ‘Over 3 Day’        Non-Reportable          Ill-health        occurrences

(*Note - RIDDOR 1995 requires accidents in these categories involving the self employed and members of the
public to be reported by employers. These should therefore be shown, but as separate totals from employee


The key Newham visions are encapsulated in The Newham Sustainable Community Strategy
which states that “over the next ten years we must take the right actions to enable all our
communities to be prosperous, stable, safe and connected to the mainstreams of civic life and
the vitality of Newham”. The Council is committed to achieving the vision for Newham as a
major business location and place where people choose to live, work and stay.

Our aims will set out the processes required to ensure the council‟s vision can be achieved in a
way that spending achieves value for money, on a whole life basis, in terms which generate
benefits not only to the organisation, but also to society and the economy, while minimising
damage to the environment.

Sustainable procurement practices are encouraged throughout the Authority to contribute to
carbon savings, promoting greater environmental sustainability, involving the wider community
base, increasing employment and business growth and boosting local job and
educational/training opportunities within the Borough. The Council continuously seeks to
promote sustainable local economic development and endeavours to sustain a mixed economy
of service provision.

The Council will encourage all potential providers and existing providers to actively support
these objectives and the Corporate Social Responsibility agenda.

Organisations applying will note that the assessment criteria adopted requires potential service
providers to demonstrate their sustainability commitments within their business operations and
in their supply chain management. Organisations will also need to be compliant with UK/EC
Environmental Legislation and any related Environmental enforcement .


Applicants should submit, in an attached document, details of six companies or organisations
that they are using as referees for each category they are applying for. They must be clients
for whom the Applicant has provided similar services to each particular Category, and one of
them should be a current client, if one exists.

The Applicant should provide the following information on each referee:

      Company or organisation name
      Name of contact and their position in the Company
      Contact‟s telephone number and e-mail address
      Nature of the work carried out for that reference
      Value of contract
      Contract start date
      Contract end date.

Obtaining references.

It is the Applicant‟s responsibility to seek and obtain their own references using the Reference
Request Form (attached to NECTR as part of the application process documentation).

The Applicant must complete all the details in the yellow cells and send a copy of the
Reference Request Form by e-mail to each of their listed referees, making sure they enter the
appropriate category for each set of six referees.

The referees should then complete the scoring cells in the Reference Request Form and send
it to the named Approved List manager, by the due date, as advised at the bottom of the Form.

Please note:

1. A minimum of two returns is required for the references to be assessed.

2. It is the tenderer’s responsibility to ensure their referees respond to this process.

3. Tenderers will be advised via NECTR if the failure of a referee to respond is likely to
jeopardise their appointment onto the Approved List.

4. Newham may also seek references from any named referee who has not submitted a



If you are a small firm or a start-up business and have trouble meeting some of the stated criteria,
specific help and advice can be obtained from various support agencies that work with Newham

For further information on this visit the L B Newham website or contact the Strategic
Procurement Unit (SPU) by „phone on 020 3373 8485 or by e-mailing us at:




When you have completed the application form, please read the following declaration as it is
the basis on which all Approved List applications are submitted and accepted.



The submission of an Application Form via NECTR is made on the understanding that it in doing
so the Applicant is accepting the terms and conditions of this Undertaking and declaring
themselves in compliance with its stated terms and conditions.

By submitting an Application, the Applicant (hereinafter known as „they‟) confirms that:

Having received the Application Form in electronic form, they have made no alterations to the
questions asked or to this declaration. They understand that if it is found that alterations,
whether by addition, omission or substitution and whether purposefully or not, have been made
to the questions that they may be excluded from further consideration for the contract that is the
subject of the Application.

They certify that the information supplied in their submission and the supporting documentation
is complete and accurate to the best of their knowledge and that they accept the conditions and
undertakings requested in the Application Form. They understand that submission of false or
incomplete information may result in their exclusion from any select list of tenderers for the for a
period of three (3) years.

They understand that it is a criminal office, punishable by a fine or imprisonment, to give or offer
any gift or consideration whatsoever as an inducement or reward to any servant of a public
body. Any such action would empower the council to cancel any contract in force and will result
in their exclusion from any future procurement activities of the council.

They declare that any Application Form submission is made without collusion, knowledge,
comparison of data or arrangement with any other company, firm or person applying to be
included on the Approved List and is, in all respects, fair and without collusion or fraud.

They understand that if they directly or indirectly canvas any Member or Officer of the council or
their financial or legal advisers concerning the award of the contract or engage in any corrupt
practice involving Members or Officers of the council or their advisers, they will be disqualified
from inclusion on the List.

They declare that to their knowledge, save as is declared in any submitted Application Form, no
Director/Partner/Trustee/Company Secretary holds any office in the London Borough of
Newham or is known by them to be applying for the same procurement elsewhere or has a
conflict of interest that may prejudice their submission.

They also understand that in the event of the council entering into a contract with them the
answers to the questions set out in the Application Form will be binding upon them and any
misrepresentation may lead to termination of their contract.

They understand that the council is not obliged to accept any proposal submitted or to enter into
a contract with any contractor and that they have no claim on the council for any costs or
expenses incurred in applying for inclusion in a list of tenderers or preparing a tender.

They confirm that they have read thoroughly all the documentation issued by or on behalf of the
council in respect of their Application and acknowledge that no representative or warranty
expressed or implied is or will be made or given in relation to the accuracy or completeness of
any of the information contained in such documentation or otherwise provided by or on behalf of
the council to our advisers and no responsibility is or will be accepted by the council, by any
Member, Officer or employee, agent or professional adviser of the council in relation to such
information. They confirm that they have not relied upon any information provided by or on
behalf of the council whether in writing or otherwise.


They confirm that they, the person submitting the Application, are acting as principal and not as
nominee, trustee or agent or broker for any other person and that if invited to tender they do so
only as a body corporate or as a partnership or as a single individual or as a group of connected
individuals (within the meaning of Paragraph 70(3) of the Financial Services and Markets Act
2000 (Regulated Activities) Order 2001).

They understand that, should they be awarded any contract, they will be expected to comply
with the Government policy relating to the prompt payment of sub-contractors.


[Please note that the terms “Firm”, "Organisation", "Director”, “Partner”, “Associate” etc” refer to the sole proprietor /
partnership / incorporated company, etc. as appropriate. The undertaking should be signed by the applicant, a
partner or authorised representative in her/his own name and on behalf of the firm].



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