Invitation to Tender

For the Delivery of Education and Training Services

During academic year 2015/16

REF: BDC SC-2015-ITT-30

Submission Form Part 1 – Due Diligence

This document should be completed and returned in accordance with the information and directions set out in the Specification and Instructions Document
Organisation Name: / [Insert Your Organisation Name]
Replies to be submitted by: / 17:00 on Monday 29th February 2016
E-mail address: /


Instructions for completion

·  Please answer all questions using the space provided.

·  Please use Arial font, size 11 keeping within the specified word counts.

·  If the question does not apply to you please write ‘Not applicable’ or ‘N/a’.

·  If you do not have / know the answer please write ‘Not known’ or ‘N/k’.

·  You may enlarge the answer boxes to ensure you have sufficient space to respond within the word limit specified.

·  You must not alter or amend the questionnaire in any other way and under no circumstances should the questions be altered in any way as doing so will result in your application being rejected.

Instructions for submission

The following should be emailed with the subject “BDC SC-2015 Submission” to by 17:00 on Monday 29th February 2016:

1)  Completed Submission Form Part 1 – Due Diligence (this document)

2)  Completed Submission Form Part 2 for the 24+ Advanced Loan provision

3)  a scanned signed copy of the Declaration Form (final page of this document).

Part 1: Due Diligence

Section 1: Details of your organisation and structure

1.1 Organisation details Information
a)  Organisation Legal name
b)  Registered address
Including post code
c)  Trading Name (if applicable)
d)  Main Trading address
Including post code
e)  Contact name for enquiries about this bid
f)  Contact job title
g)  Contact telephone number
h)  Contact email address
i)  Organisation website
j)  Company registration and/or charity number and date registered / Number: / Date:
k)  Legal Status of Organisation
l)  Registered VAT number
m)  Name of parent company
(if applicable)
n)  Please indicate the type of organisation: / Private / ☐
Third Sector / ☐
Public Sector / ☐
Social Enterprise / ☐
Consortium/SPV / ☐
Other (state) / ☐
1.2 Mandatory Requirements: Pass/Fail
The following requirements are mandatory. If you are not registered with UKRLP or not on the SFA’s RTO or do not have Matrix accreditation or not registered with the Information Commissioner’s Office then you will need to do so before proceeding further with this application.
a)  UKPRN number issued by UK Register of Learning Providers (UKRLP) www.ukrlp.co.uk
b)  Is your organisation on the Skills Funding Agency’s Register of Training Organisations (RTO)? http://skillsfundingagency.bis.gov.uk/providers/programmes/register/ / Yes ☐ No ☐
c)  Confirm that you will maintain your SFA RTO registration during this contract and accept that if required by the SFA, BDC may reduce, alter or remove your organisation subject to RTO rules on subcontracting. / Yes ☐ No ☐
d)  Provide your Data Protection Registration Number as held by the Information Commissioner’s Office https://ico.org.uk/
e)  Provide the date that your organisation gained the matrix standard for Information Advice and Guidance / Date attained
Only one level of sub contracting.is permitted therefore it is essential that the provision tendered for must be delivered in full by the tendering organisation.
f)  The Tenderer confirms they will not subcontract any part of this provision. / Yes ☐ No ☐
1.3 Management details These details will be used for due diligence checks
a)  Name of the person who has responsibility for the overall executive management of your organisation
b)  Details of positions the individual named at 1.3a) above holds with other organisations
c)  Details of all directors of the organisation along with their individual shareholding in the organisation (if any). Insert more lines if needed
First Name / Last Name / Date of birth
(DD/MM/YYYY) / Percentage of shares held
1.3 Management details (Cont’d) These details will be used for due diligence checks
d)  Details of any other shares or assets the individual/s above hold in other organisations
Insert more lines if needed
First Name / Last Name / Company Name / Companies House number / Percentage of shares held
e)  Details of any other senior management personnel in your organisation
Insert more lines if needed
First Name / Last Name / Job Title
f)  Details of any memberships or relationships that the senior management personnel in your organisation have, that may give rise to a conflict of interest in working with Barking & Dagenham College. Include details of
·  any remunerated or honorary positions and other connections with FE institutions and other public sector bodies,
·  any membership, paid or unpaid, of any official committee such as research council, government department, professional institution, advisory body to an industrial company, or charitable organisation.
Personnel
First Name / Personnel
Last Name / Details

Section 2: Grounds for Mandatory Exclusion

You will be excluded from this procurement process if there is evidence of convictions relating to specific criminal offences including, but not limited to, bribery, corruption, conspiracy, terrorism, fraud and money laundering, or if you have been the subject of a binding legal decision which found a breach of legal obligations to pay tax or social security obligations (except where this is disproportionate e.g. only minor amounts involved).
Within the past five years, has your organisation, directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences (please select all those that apply – see options in the notes below):
a)  conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime; / Yes £ No £
b)  corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906 / Yes £ No £
c)  the common law offence of bribery / Yes £ No £
d)  bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010; or section 113 of the Representation of the People Act 1983 / Yes £ No £
e)  any of the following offences, where the offence relates to fraud affecting the European communities’ financial interests as defined by Article 1 of the Convention on the protection of the Financial interests of the European Communities:
(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, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969;
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or
(ix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act; / Yes £ No £
f)  any offence listed in
(i) section 41 of the Counter Terrorism Act 2008; or
(ii) Schedule 2 to that Act where the court has determined that there is a terrorist connection / Yes £ No £
g)  any offence under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by subparagraph (f); / Yes £ No £
h)  money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002; / Yes £ No £
i)  an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996; / Yes £ No £
j)  an offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 / Yes £ No £
k)  an offence under section 59A of the Sexual Offences Act 2003 / Yes £ No £
l)  an offence under section 71 of the Coroners and Justice Act 2009 / Yes £ No £
m)  an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or / Yes £ No £
n)  any other offence within the meaning of Article 57(1) of the Public Contracts Directive
(i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or
(ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland. / Yes £ No £
o)  If you have answered yes to any of the above, please provide supplementary information •
Dates / A brief summary / Any outstanding judgements or legal proceedings
p)  Non payment of taxes - Has it been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which your organisation is established (if outside the UK), that your organisation is in breach of obligations related to the payment of tax or social security contributions? / Yes £ No £
If you answer “yes” to question on the non-payment of taxes or social security contributions, and have not paid or entered into a binding arrangement to pay the full amount, you may still avoid exclusion if only minor tax or social security contributions are unpaid or if you have not yet had time to fulfil your obligations since learning of the exact amount due.
If your organisation is in that position please provide details below
q)  Should you be awarded a contract with Barking & Dagenham College, will any of the funding you receive be used to fund extremist organisations? / Yes £ No £

Section 3: Grounds for Discretionary Exclusion

You may be excluded from this procurement process if you answer ‘YES’ to any of the following questions
Within the past three years, please indicate if any of the following situations have applied, or currently apply, to your organisation:
a)  your organisation has violated applicable obligations referred to in regulation 56 (2) of the Public Contracts Regulations 2015 in the fields of environmental, social and labour law established by EU law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Public Contracts Directive as amended from time to time; / Yes £ No £
b)  your organisation is bankrupt or is the subject of insolvency or winding-up proceedings, where your assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State; / Yes £ No £
c)  your organisation is guilty of grave professional misconduct, which renders its integrity questionable; / Yes £ No £
d)  your organisation has entered into agreements with other economic operators aimed at distorting competition; / Yes £ No £
e)  your organisation has a conflict of interest within the meaning of regulation 24 of the Public Contracts Regulations 2015 that cannot be effectively remedied by other, less intrusive, measures; / Yes £ No £
f)  the prior involvement of your organisation in the preparation of the procurement procedure has resulted in a distortion of competition, as referred to in regulation 41, that cannot be remedied by other, less intrusive, measures / Yes £ No £
g)  your organisation has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions; / Yes £ No £
h)  your organisation—
(i) has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or
(ii) has withheld such information or is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015; or / Yes £ No £
i)  your organisation has undertaken to
(i) unduly influence the decision-making process of the contracting authority, or
(ii) obtain confidential information that may confer upon your organisation undue advantages in the procurement procedure; or / Yes £ No £
j)  your organisation has negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award / Yes £ No £
If you have answered ‘Yes’ to any of the above please provide supplementary details below

Section 4 Economic and Financial Standing

You will fail this section if your credit check is high risk, you do not declare CCJs ,or, do not adequately describe how you have met any legal judgments
a)  Please confirm that you are happy for BDC (or its agents) to complete a credit check on your Organisation. (This may leave a record on your credit history). / Yes £ No £
b)  Please advise if you have any county court judgments (CCJs) or other legally binding financial rulings (such as Scottish decrees) against your organisation in the past 3 years / Yes £ No £
If yes, please describe how you have complied with these judgments (100 words max)
c)  Has the company (or owners/directors) ever traded under any other trading names in the past 3 years and not completed its obligations to creditors? / Yes £ No £
If yes, please provide details below (100 words max)
d)  Can you provide details of your organisations statutory financial statements for the last 3 years. / Yes £ No £
If Yes the College reserves the right to withhold award of a contract if copies of the statutory financial statements cannot be provided when requested.
Please do not attach or submit any statutory financial statements with this tender.
e)  If No, please provide supply a fully costed business plan which as a minimum should consist of a budgeted profit and loss account, balance sheet, cash-flow forecast and narrative of key assumptions made. Where available please provide management accounts incorporating a profit and loss account and balance sheet. / Business Plan Attached?
Yes £ No £ N/a £

Section 5: Disputes