A1 Instructions to Tender / File/ITT Ref.: 006/0044/17
Translink Invitation to Tender (ITT) / Date Published: 10.04.17
INVITATION TO TENDER
PART A1
INSTRUCTIONS TO TENDER
Contents
1.0Returning a Tender
1.1Condition of action in relation to this ITT
1.2Communications Relating to the ITT
1.3Period of Tender Validity
1.4Tender Return Date and Time
1.5Late Tenders
1.6Tender Submission Address / Instructions
1.7Tendering Entity
1.8Tender Response Format and Content
1.9Language & data input
1.10Extensions
1.11Tender Clarifications
1.12Insurances
1.13Pricing & Payment
1.14Sustainability
1.15Innovative Tendering / Variants
1.16Conditions for submission of proposal and potential contract
1.17Tender Qualification
2.0Important Notices to Tenderers
2.1ITT Information
2.2Withdrawal
2.3Return and disposal of ITT Material
2.4Presentations
2.5Site Visit
2.6Supplier premises
2.7ITT Amendments
2.8Translink Rights
2.9Compliance and rejection of Tenders
2.10Tendering Costs and Expenses
2.11Authority to commit to contract
2.12Contract Law
2.13Freedom of Information
2.14ITT Material
2.15Intellectual property Rights
2.16Confidentiality
2.17Communication on Acceptance
2.18Conflict of Interest
2.19Collusive Behaviour
2.20Canvassing
3.0Tender Evaluation Process
3.1Tender Receipt
3.2Tender evaluation
3.3Contract Award
3.4Details of the award decision
1.0Returning a Tender
1.1Condition of action in relation to this ITT
1.1.1THESE INSTRUCTIONS FOR TENDERING DO NOT FORM PART OF THE CONTRACT. The Conditions of Tender / Instructions to Tender mean the terms and conditions set out in this ITT relating to the submission of a Tender. These instructions are designed to ensure that all Tenderers are given equal and fair consideration. It is important that you provide all the information asked for in the format and order specified.
1.1.2Translink is utilising an electronic tendering system to manage this procurement and communicate with Tenderers. Accordingly, there will be no hard copy documents issued to Tenderers and all communications with Translink including the submission of Tenders will be conducted via
1.2Communications Relating to the ITT
1.2.1All requests for clarification about the requirements or the process of this procurement exercise shall be made in accordance with this clause.
1.2.2Any queries arising from the tender information which shall have a bearing on the offer to be made should be raised with Translink as soon as possible and in any case not later than 10 days before the tender return date.
1.2.3Unless stated otherwise in these Instructions or in writing from Translink, all communications includingqueries from Tenderers and any ITT amendments from Translink during the period of this procurement exercise shall be submitted through and published via the online messaging facility provided on the eTendersNIportal in relation to this ITT (see “clarifications” or “correspondence” sections).
1.2.4The onus lies on Tenderers to read and keep up to date with all the ITT Material listed including but not limited to those documents in the ‘Buyer Attachments’ section and with the information provided in the ‘Messages’ section.
1.3Period of Tender Validity
Tenderers are required to keep Proposals valid for acceptance for a period of 180 (one hundred and eighty) days from the closing date for receipt of Proposals (this will be indicated by the Tenderer once the form of Tender – Offer is signed as part of the Tender Response Templates). A Tender valid for a shorter period may be rejected.
1.4Tender Return Date and Time
Tenders due for return must be received no later than date shown below.
TENDER DUE FOR RETURN:
by 15:00hrs UK Local Time Thursday 11th May 2017
1.5Late Tenders
Any Tender received at the designated point after the due date and time may be rejected.
1.6Tender SubmissionAddress / Instructions
1.6.1You must submit your Tender via Translink’s eTendersNI system by going to the correct area in relation to this ITT and following the instructions onscreen to upload your Tender. The onus is on Tenderers to ensure that their Tender has been officially submittedand not just uploaded to the electronic tendering system. Translink shall only evaluate Tenders that have been officially submitted.
1.6.2Tenders may be submitted at any time before the closing date. Tenders received before the due date will be retained unopened until the opening date. The onus is on Tenderers to be mindful that access to the internet,the speed of the Tenderer’s internet connection and general web traffic are some examples of the things that may impact on the time taken to upload and submit your Tender. Please leave plenty of time to upload your Tender and submit it as early as possible particularly if responding on the day that the Tender is due.
1.6.3If you require assistance or help to navigate the site or submit your Tender please consult the online help, or contact the eTenders NI help desk. The contact details can be found on the eTenders NI opening web page..
1.6.4All documents submitted to Translink electronically must be in a format compatible with MS Office Suite 2010 and should be labelled via the ‘saved as’ function in accordance with the following illustration:
‘Organisation name followed by the document name’
1.6.5Please ensure that no embedded documents or hyperlinks are used in your submission.
1.6.6eTenders NI provides the Applicant with the most secure and transparent system for submitting documentation to Translink therefore any Applicant wishing to submit a proposal without using the eTenders NI portal must first provide justification to and seek the prior approval of the appropriate Procurement Project Advisor.
1.6.7Translink does not accept responsibility for the premature opening or mishandling of Tenders that are not submitted in accordance with these instructions.
1.7Tendering Entity
Tenders will only be accepted from the legal entity which have been issued an Invitation to Tender by Translink and will be responsible for any potential Contract; it is this legal entity that will be responsible for managing all deliverables associated with the Contract.
1.8Tender Response Format and Content
The Tender must be submitted in the format specified in Part B ‘Tender Submission’ of this ITT. The form on‘Compliance – Contents of Tender Submission’ sets out what the Tenderer must submit and in which order. Failure to comply with the information required or in the order requested may render the Response non-compliant and it may be rejected.
1.9Language & data input
1.9.1All proposals and communications, whether written or oral, shall be conducted in the English Language at all phases of the tendering and contracting process.
1.9.2All tender documentation must be:
- Completed in black font colouror black ink
- In the form specified in this ITT
- Provided on A4 paper, double spaced, in Arial with a minimum size 11 font
- Translink asks that you do not include any of the following with your Tender submission;
any lever arch folder or ring binder, or any extraneous information that has not been specifically requested in the ITT including, for example, sales literature, Tenderers’ standard terms and conditions, cover letters etc.
1.10Extensions
Any request for extension of the period for tendering must be received at least 7 working days before the due date for Tender return, but Translink does not undertake that an extension will be granted.
1.11Tender Clarifications
1.11.1In order to ensure equal treatment of Tenderers, Translink intends to publish the questions and clarifications raised by Tenderers together with Translink responses (but not the source of the questions) to all participants.
1.11.2Tenderer clarifications must be submitted in accordance with the clause in this ITT on ‘Communications Relating to the ITT’
1.11.3Translink will endeavour to answer all questions as quickly as possible, but cannot guarantee a minimum response time.
1.11.4Following receipt, Tenders will be assessed and, if deemed necessary, companies will be invited for a clarification interview and/or should it be necessary, detailed clarification questions will be raised with the relevant Tenderers.
1.11.5Translink do not expect issues or concerns about PQQ documentation or processes to be raised by Tenderers after the release of the ITT. However should issues or concerns arise, Tenderers should highlight these matters to Translink as soon as they become aware of themin accordance with ‘Communications Relating to the ITT’.
1.11.6Tenderers should immediately raise any issues or concerns they might have about the tendering process, procurement practice or the ITT documentation as soon as they become aware of themin accordance with‘Communications Relating to the ITT’.
1.12Insurances
Insurance queries should be raised with Translink at the earliest opportunity but in any event not later than fourteen days before return of the tender. Tenderers should note that failure to submit required insurance details will delay consideration of their tender by Translink and may result in the Tender being rejected. A contract will not be awarded to a Tenderer until their existing or proposed insurances have been verified.
1.13Pricing & Payment
1.13.1All prices listed in Tender documentation shall be exclusive of Value Added Tax (VAT) and in Pounds Sterling.All payments associated with the resulting contract shall be by Bank Automated Clearing Service (BACS) bank transfers and shall be in Pounds Sterling. For the avoidance of doubt, payments will only be paid against invoices which are used for the purposes of VAT unless the Tenderer is exempt from VAT.
1.13.2In order to facilitate the evaluation of Tenders, the prices quoted must be calculated in strict accordance with the definition or information provided on Price included in this ITT.
1.13.3All pricing pages including if applicable the bill of quantities or schedule of rates shall be fully priced and totalled in ink / electronically input. In the case of a hard copy Tender being submitted an original document must be submitted in the Master Tender and signed. Prices are to be entered in Pounds Sterling and Pence (i.e. values to two decimal places). In the case of a hard copy Tender being submitted if pricing pages or the bill of quantities on the Master Tender contains pencil entries or are photocopies of the documents the Tender may be rejected. The terms “nil”, “n/a”, “included” and/or “-” are not to be used but should be indicated as £0.00. Figures must be inserted against each item in the bill and or any pricing page requiring a cost breakdown. If a figure is not inserted against any activity Translink will assume that the Tenderer is prepared to complete this activity for a price of £0.00 or that it is included in the price of the core work package.
1.14Sustainability
Sustainable procurement has been cited as a process whereby organisations meet their need for goods, services, works and utilities in a way that achieves value for money on a whole life cost basis in terms of the effect not only on the organisation but also on society, the economy and the environment. Translink is committed to considering sustainability issues in all activities. Tenderers should note any specific requirements included in this ITT.
1.15Innovative Tendering / Variants
1.15.1Translink is not obliged to consider or accept alternative offers however the Tenderer is encouraged to submit an Innovative Tender but this is not mandatory. If a Tenderer chooses to submit an Innovative Tender this must be in addition to and accompany the Tenderer’s fully compliant tender unless expressly directed otherwise by the conditions of this ITT Material. An Innovative Tender is a Tender which offers an alternative approach to, or method of, meeting Translink’s requirements as established in this ITT, or some reasonable relaxation of the conditions of this ITT which might provide better value for money for Translink.
1.15.2Translink will give careful consideration to any innovative solution which the Tenderer may wish to submit. To facilitate such consideration, an Innovative Tender should be offered, so far as possible, on the basis of the conditions set out in this ITT.
1.15.3Translink reserves the right to accept an Innovative Tender where it considers that this meets its requirement as established by this ITT. Translink’s decision will be final in this regard.
1.15.4Translink will not ordinarily seek to use an Innovative Tender as the basis for a further round of tendering, having given all Tenderers the same encouragement to think radically. Exceptionally, where Translink considers that the tendering exercise has been ineffective, or an Innovative Tender has revealed its requirement to have been expressed in terms that inhibited the achievement of best value for money, it may determine that its requirement as established by this ITT should be amended and may seek new or revised Tenders. In doing so Translink may need to take account of the broad general features of innovative solutions. By submitting an Innovative Tender, a Tenderer shall be regarded as having authorisedTranslink to use such broad general features of that innovative solution as Translink considers necessary for the purpose of seeking any new or revised Tenders. The Tenderer may mark or otherwise identify areas of particular commercial sensitivity in his Innovative Tender which require prior discussion with Translink on measures to protect the Tenderer’s commercial interests in any exercise to seek new or revised Tenders.
1.16Conditions for submission of proposal and potential contract
Any potential contract with Translink shall be as listed in Part Cof this ITT ‘Contract Documents’ however where the ITT describes any contractual arrangements which are proposed but not yet in force, Translink reserves the right to alter those arrangements.
Any offer made by the Tenderer which is subject to amended, additional or alternative conditions may not be considered and may be rejected on the grounds of such conditions alone.
1.17Tender Qualification
Tenders MUST NOT be accompanied by a covering letter or any statements that could be construed as rendering the tender equivocal and/or placing it on a different footing from other tenders. Tendersshould be submitted without qualification strictly in accordance with the ITT as issued (or subsequently amended by Translink). QUALIFIED TENDERS MAYat Translink’s sole discretionBE Excluded FROM FURTHER CONSIDERATION AND THE TENDERER NOTIFIED.Translink’s decision on whether or not a tender is acceptable will be final. Translink requests that Tenderers use the‘Tender Clarifications’ process listed in this ITT for all areas that could potentially result in a Tender Qualification in order to resolve any issues in advance of Tender submission.
2.0Important Notices to Tenderers
2.1ITT Information
The information contained in this ITT is given in good faith. It does not purport to contain all the information a potential Tenderer may require to allow them to submit a Tender. Tenderers should independently satisfy themselves as to the investigations they may undertake to ascertain all of the information they require to enable them to submit a tender. The information in this ITT supersedes the information provided prior to the date of the ITT.
2.2Withdrawal
Tenderers may withdraw their Tender at any time prior to the Deadline or any other time prior to accepting the offer of a contract. The notice to withdraw the Tender must be in writing and sent to Translink electronically via the means listed in the section on ‘Communications Relating to the ITT’. In addition if the electronic tendering system is being used please click on the ‘Decline to Respond’ button.
2.3Return and disposal of ITT Material
It is the responsibility of all Economic Operators who receive an ITT to treat the ITT material as confidential and dispose of it accordingly. Translink shall not return to Tenderers any Tender Material submitted and shall dispose of tender materials in due course at the conclusion of the tendering process or in the event that an eTenders system is used the material shall be stored on the system for as long as Translink hold a license for the system and for seven years after this date. Once these periods of lapsed if it is deemed appropriate by Translink the material shall be destroyed.
2.4Presentations
Translink reserves the right to request presentations from Tenderers as part of the tender process at any time. Any presentations will normally be held in Translink’s Belfast premises, Northern Ireland. Presentation(s) may be utilised as part of the tender evaluation process.
2.5Site Visit
2.5.1It is the responsibility of the Tenderer to visit the Site(s) where the contract shall be delivered to ascertain the full extent of work to be carried out under any potential contract. Particular attention should be paid to site boundaries, access, working areas, storage areas and work associated with existing services, existing plant, and equipment.
2.5.2The Tenderer must obtain written approval of Translink’s Project Manager before visiting the site. Where access onto Translink/NITHC land or property is required, Tenderers (including Consultants or Contractors or Sub-Contractors) must not go ‘on or near’ the railway line, engineering workshops or depots or other non public areas without being issued a ‘Visitors Permit’ and accompanied by a competent member or Translink Staff.
2.6Supplier premises
An inspection of manufacturers/suppliers by Translink including main and proposed sub-contractor premises may be necessary prior to the award of any contract. The purpose of these visits shall be to validate information provided during the tendering process.
2.7ITT Amendments
Translink reserves the right to amend, alter, supplement or withdraw any part of the ITT, for which all Tenderers will be advised. Tenderers cannot amend their tender after the Closing Date except where:
1.Any amount is found to be incorrect due to mathematical error and in such cases the Tenderer may be invited to correct errors or in the event that;
2.Tenderers are invited to make amendments byTranslink.
2.8Translink Rights
2.8.1Tenderers shall accept and acknowledge that by issuing this ITT, Translink shall not be bound to accept any Tender and reserves the right not to conclude a contract for some or all of the services for which tenders are invited.
2.8.2Translink reserves the right:
- to reject the lowest priced or any bid;
- to conduct clarifications with one or more Tenderer;
- not to respond to a request for clarification or to circulate such a request where it considers that the answer to that request would or would be likely to prejudice its commercial interests;
- to accept part of any Tender from one or any number of Tenderers;
- to repeat the tendering process and to request ‘revise and confirm’ bids and/or ‘best and final’ offers and/ or further proposals at any time;
- to amend, add or withdraw all or any part of this ITT at any time during the procurement exercise;
- to utilise the full provisions of the current negotiated procedure under The Utilities Contracts Regulations. While Translink reserves the right to conduct discussions and or negotiate, Tenderers should not assume from this that Translink will negotiate with one or more Tenderers;
- to seek competitive tenders for the additional option requirement(s) in such event; the Tenderer shall not relinquish any of his obligations to supply the option requirement(s).
2.8.3Translink reserves the right to reject or disqualify a Tender where: