Invitation to Quote

For

Sittingbourne War Memorial

Ref:WWIVC/14

Issue Date:5 September 2014

Return Date:22 September 2014

CONTENTS

1INTRODUCTION

2PROCUREMENT PROGRAMME

3STAGE ONE QUESTIONS

ANNEX 1 - STATEMENT RELATING TO GOOD STANDING

ANNEX 2 – EVALUATION CRITERIA

ANNEX 3 – SELECTION CRITERIA CHART

4CONTRACT CONDITIONS

5SPECIFICATION

6PRICING SCHEDULE

7FORM OF TENDER AND DECLARATIONS

APPENDICES

ACONDITIONS OF CONTRACT

BEVALUATION PROCESS AND AWARD CRITERIA

CBRIBERY ACT 2010

DSTATUTORY DUTIES

SECTION 1: INTRODUCTION

1.1GENERAL REQUIREMENTS

Quotations are invited for the following works:

  • Remove one raised memorial bed and grass over
  • Relocate four memorial stones to an adjacent location
  • Create & install one new support base for a new stone memorial plaque to be dressed with cladding setts at the same location
  • Undertake cleaning of the existing memorials and surrounding area

Companies are invited to provide a quotation to undertake the works described in Section 5 – Specification, on a design & build basis.

Swale Borough Council will be providing the memorial plaque holder and cladding setts.

The Council’s detailed requirements are defined in Section 5 - Specification. It should be noted that this is a high profile project, which supports the Council’s commitment to work with its local community to participate in the international World War One Commemorations and will be the focal point of an unveiling ceremony on 9th November 2014

Companies are required to price for all elements of the work.

1.2BACKGROUND

This Invitation to Quote is in principle based on the open procedure as illustrated in the Public Contracts Regulations; Potential providers capability of providing the required services, will be evaluated by assessing their companies suitability and their ability to meet the criteria as described in Section 3.

1.3SUBMISSION OF QUOTATION

Quotations, which should be received no later than noon on Monday 22nd September 2014 and any queries, should be addressed to

Kerrie Houghting

Cemeteries & Administration Officer

Swale Borough Council

Swale House

East Street

Sittingbourne

ME10 3HT

Tel01795 417452

Fax01795 417477

1.4FREEDOM OF INFORMATION

Information in relation to this tender may be made available on demand in accordance with the requirements of the Freedom of Information Act 2000.

Tenderers should state if any of the information supplied by them is confidential or commercially sensitive or should not be disclosed in response to a request for information under the Act. Tenderers should state why they consider the information to be confidential or commercially sensitive.

This will not guarantee that the information will not be disclosed but will be examined in the light of the exemptions provided in the Act.

SECTION 2: PROCUREMENT PROGRAMME

Event / Date
Advertise EOI Issue ITQ / Friday 5th September 2014
Closing date for ITQ returns / Monday 22nd September 2014
ITQ evaluation / Wednesday 24th September 2014
Contract award / Friday 26th September 2014
Contract commencement / Wednesday 15th October 2014
Contract End date /

Friday 7th November 2014 (unveiling of the new memorial will be Sunday 9th November)

SECTION 3: STAGE ONE QUESTIONS

3.1Instructions on provision of information

3.1.1You should complete and provide ALL the details for the organisation that it is proposed would enter into the contract with Swale Borough Council.

3.2 Organisational information

Organisation name
Type (Legal status)
Year of registration (as applicable)
Address / registered address
Contact name
Telephone
Email
Web- site

3.3 Economic and financial information

3.3.1Please supply a copy of the Tendering Organisation’s most recent accounts that cover the last two years of trading, or for the period that is available if trading for less than two years.

3.3.2Please supply details of existing insurance cover and policies. (Please refer to Annex 2 paragraph b)

3.4 Technical and/or professional ability

3.4.1Details of previous experience of relevant contracts undertaken most recently (preferably within the last year) together with names and addresses of clients / referees (preferably from the Public Sector). Please ensure that Referees have no objections to the Council contacting them during the pre-qualification stage for reference purposes.

Client Organisation name and address / Reference contact name, telephone number and email address / Approx.
value & date work undertaken / Brief description of works / services
1.
2.
Please provide details of relevant experience. Use this section to describe similar works your company has undertaken. - [No more than one page of A4 using an Arial 12 font]

3.4.2*Please list and if applicable provide a copy of your policies relevant to the provision of the service.

3.5 Equal Opportunities

3.5.1Do you comply with Equality, Disability Rights Commission or Equal Opportunities Commission on grounds of alleged unlawful discrimination?

Yes / No

3.5.2Is it your policy, as an employer, to comply with your statutory obligations under the Equalities Act 2010 and accordingly, your practice not to discriminate against someone on grounds of their sex (including gender reassignment), sexual orientation, marital status, race, nationality, ethnic origin, religion, beliefs, disability, pregnancy or childbirth or because they are a member, or not, of a trade union, or a part-time workers.

Yes / No

3.5.3In the last three years, has any finding of unlawful racial discrimination been made against your organisation by any court or industrial tribunal?

Yes / No

3.5.4In the last three years, has your organisation been the subject of a formal investigation by the Commission for Equality and Human Rights, Commission for Racial on race, gender, disability, sexual orientation, faith or belief and age set out?

Yes / No

3.5.5Do you observe as far as possible the Commission for Equality and Human Rights, Commission for Racial Equality, Disability Rights Commission or Equal Opportunities Commission Codes of Practice, which gives practical guidance to employers and others on the elimination of racial discrimination and the promotion of equality of opportunity in employment, including the steps that can be taken to encourage members of the ethnic minorities to apply for jobs or take up training opportunities?

Yes / No

3.6 Health & Safety Policy & Other Issues

3.6.1The Service Provider shall provide all risk assessments and Safe Methods of operation for delivering the service. The Service Provider will be requested to provide his revised annual risk assessments electronically.

3.6.2The Council requires all its suppliers and contractors to comply with all relevant Health and Safety legislation and standards and that you properly manage all Health and Safety risks specific to this contract.

3.6.3Does your company comply with the Health & Safety at Work Act 1974 as amended? Yes / No

3.6.4 Please confirm that your company agrees to co-operate with Swale BoroughCouncil, where required, to ensure you also adhere to the Council’s Health and Safety policy. Yes/No

Swale Borough Council’s Health and Safety Policy

3.6.5Does your organisation comply with the following minimum health & safety standards;

● Implement effective health and safety policies and procedures. Yes/No

●Operate an adequate health and safety management system including a designated 'competent person' to provide advice and guidance. Yes/No

●Provide appropriate health and safety training for staff. Yes/No

●Ensure processes are in place to sufficiently assess the competence and capabilities of sub-contractors to work safely. Yes/No

●Ensure effective monitoring processes are in place. Yes/No

3.7 Other Issues

3.7.1Has your company/organisation been involved in any actions in employment tribunal, the European Commission, Office of Fair Trading, HM Revenue & Customs, the Information Commissioner’s Office, the Financial Services Authority or for any breach of environment, health and safety law over the past three years? If yes, please provide details on a separate sheet of paper. Yes/No

3.8 Declaration

I am authorised by the Tendering Organisation to supply the information given in this ITQ response. I declare that, at the date of signing this declaration, the information given is complete and accurate to the best of my knowledge having made reasonable enquiries.

Swale Borough Council has our permission to:

  • carry out all necessary actions to verify the information provided; and
  • to pass any information provided to a third party commissioned by the Council for the purposes of evaluating our responses.

I acknowledge that:

  • it is a offence to give or offer any gift or consideration to an employee of a public body as a reward or inducement in relation to the awarding of a public contract and that such action will give the Council the right to exclude a Tendering Organisation from the procurement process; and
  • any price fixing or collusion with other bidders in relation to the project shall give the Council the right to exclude a Tendering Organisation from the procurement process and may constitute an offence.

Signed: ______

Name: ______

Position:______

Organisation:______

Date: ______

To be returned no later than noon on 22nd September 2014 to;

Kerrie Houghting, Cemeteries & Administration Officer

Sittingbourne War Memorial. Ref: WWIVC/14

Swale Borough Council

Swale House

East Street

Sittingbourne

Kent

ME10 3HT.

*Failure to complete this form, provide reference points or provide non conforming answers may lead to your exclusion from the bidding process.

ANNEX 1

STATEMENT RELATING TO GOOD STANDING – GROUNDS FOR OBLIGATORY EXCLUSION (IN ELIGIBILITY) AND CRITERIA FOR REJECTION OF CANDIDATES - in accordance with Regulation 23 of the Public Contracts Regulations 2006

We confirm that, to the best of our knowledge, the organisation named below is not in breach of the provisions of Regulation 23 of the Public Contracts Regulations 2006 and in particular that:

Grounds for mandatory rejection (ineligibility)

The organisation named below (or its directors or any other person who has powers of representation, decision or control of such organisation) has not been convicted of any of the following offences:

(a)conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA;

(b)corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906;

(c)the offence of bribery;

(d)fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of:

(i)the offence of cheating the Revenue;

(ii)the offence of conspiracy to defraud;

(iii)fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978;

(iv)fraudulent trading within the meaning of section 458 of the Companies Act 1985;

(v)defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994;

(vi)an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993; or

(vii)destroying defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;

(e)money laundering within the meaning of the Money Laundering Regulations 2003; or

(f)any other offence within the meaning of Article 45(1) of the Public Sector Directive.

Discretionary grounds for rejection:

The organisation named below (or its directors or any other person who has powers of representation, decision or control of such organisation)confirms that:

being an individual is not bankrupt or has not had a receiving order or administration order or bankruptcy restrictions order made against him/her or has not made any composition or arrangement with or for the benefit of his/her creditors or has not made any conveyance or assignment for the benefit of his/her creditors or does not appear unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has not granted a trust deed for creditors or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of his/her estate, or is not the subject of any similar procedure under the law of any other state;

(b)Being a partnership constituted under Scots law has not granted a trust deed or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of its estate;

(c)being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has not passed a resolution or is not the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has not had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is not the subject of the above procedures or is not the subject of similar procedures under the law of any other state;

(d)has not been convicted of a criminal offence relating to the conduct of his/her business or profession;

(e)has not committed an act of grave misconduct in the course of his/her business or profession;

(f)has fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the organisation is established;

(g)has fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;

(h)is not guilty of serious misrepresentation in providing any information required of him under this regulation;

(i)in relation to procedures for the award of a public services contract, is licensed in the relevant State in which he/she is established or is a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member.

Where applicable, the Candidate is registered with the appropriate trade or professional register(s) in the EU member state where it is established (as set out in Annex IX B of Directive 2004/18/EC) under the conditions laid down by that member state[*].

Tick here to agree to the above contained within Annex 1

Signature

Position in organisation

Organisation's name

Date

* In the UK this condition is satisfied by registration with Companies House or a declaration on oath that the Candidate is carrying on business in the trade in question in the UK at a specific place of business and under a specific trading name.

ANNEX 2 – Evaluation Criteria

a) The selection process will be undertaken by a panel of assessors consisting of 3 representatives from Swale Borough Council.

b) The following criteria is mandatory and failure to meet the minimum requirements may automatically exclude your company. Existing or written assurance to provide, Public Liability of a minimum £5 million and Employers Liability of at least £10 million.

c) Only the information supplied in the manner requested and within the space provided in this document will be assessed (unless otherwise instructed). Swale Borough Council regrets that it cannot evaluate any other form of submission. e.g. Sales Brochures, Company Literature or other forms of information unless specifically requested in this document.

d) Annex 1 (Statement Relating to Good standing): The checking process will also determine that none of the circumstances described in Regulation 23 of the Regulations, apply. Regulation 23 sets out the "mandatory" and "voluntary" criteria, under which a Contracting Authority must, or may, determine that a Potential Provider is ineligible to participate in a procurement process. Where there is any doubt concerning a Potential Provider’s eligibility to qualify legal opinion will be sought and the ITQ treated as incomplete until confirmation of eligibility has been secured.

ANNEX 3 – Selection Criteria Chart- (For Swale Borough Council use only)

Information Supplied / Evaluation method / Rating
Contractor Details / For Information / Not scored
*Q3.3.1. Financial Information / *Financial Status and Stability will be checked unsatisfactory submissions may lead to exclusion. / Pass/Fail
*Q3.3.2. Contractor Profile Insurance Information / Insurance details will be assessed to ensure that minimum cover is in place or an assurance to provide minimum insurance has been given. The requirement is £5million Public Liability Insurance & £10million Employees Liability Insurance. Professional Indemnity £2million (if applicable) / Pass/Fail
* A fail may lead to exclusion
Selection Criteria / Evaluation method / Pass/Fail
Question 3.6 (3.6.1, 3.6.2, 3.6.3, 3.6.4, 3.6.5)
Health & Safety / Tenders will be considered by those companies who receive a full set of ‘Pass’ marks, ‘Fail’ may lead to exclusion. / Pass/Fail
Question 3.4 (3.4.1, 3.4.2)
Technical and/or professional ability / Pass/Fail
Question 3.5 (3.5.1, 3.5.2, 3.5.3, 3.5.4, 3.5.5)
Equal Opportunities / Pass/Fail
Question 3.7 (3.7.1)
Other Issues / Pass/Fail
The statement relating to good standing contained in ANNEX 1 (above) must be signed and returned with this document / Signed statement relating to good standing Yes/No / Pass/Fail
Pass/Fail

SECTION 4: CONTRACT CONDITIONS

4.1The Tenderer will be required, upon the acceptance of quotation to enter into a Contract through the issue of a Council order. The conditions of contract will be as detailed within Appendix A.

4.2Materials

All materials are to be of a good quality, appropriate and fit for purpose and meet the requirements of the Specification. Where a British Standard is current and appropriate, goods and materials shall, where appropriate, be in accordance with that specification. All materials shall be obtained from approved suppliers and manufacturers and used strictly in accordance with the manufacturer’s instructions unless otherwise specified.

4.3Workmanship

Workmanship and labour shall be of a good standard. The whole of the works are to be carried out in accordance with the specification and relevant Codes of Practice and other guidance.

4.4Design

The Service Provider shall accept responsibility for ensuring that the works are adequately designed to meet the performance specification requirements.

The Service Provider shall in respect to any inadequacy in the design have the liability to the client whether under statute or otherwise as would an appropriate professional designer holding themselves out as a competent person to take on work for such a design.

Contract Insertions to Appendix A

4.5Commencement Datemeans the 15th October 2014 (or earlier with prior agreement from the Council)

4.6Contract Period Four Weeks (with a six month defect clause)

4.7The relevant Contract Manager and Supervising Officer will be Graeme Tuff, Green Spaces Manager and Kerrie Houghting, Cemeteries and Administration Officer

SECTION 5: SPECIFICATION