Amendment History:
Version / Date / Amendment Story1 / 1.3.10 / Una Lee
Taunton and Somerset NHS Foundation Trust
Musgrove Park Hospital, Procurement Department
Taunton
Somerset
TA1 5DA
3 June 2010
[Date]
[To]
Dear Sir
Invitation to offer for the Supplyof Waste Management Services to NHS Trusts and Healthcare Organisations within Somerset
Tender Reference: TS/LOC/0220
Period of contract shall be 3 (three) years
(with an option to extend for a further 2 (two) x 12 (twelve) month periods)
Offerors are invited, subject to the terms of this letter and also to the Terms of Offer (Document No 2), for the supply, in accordance with the NHS Terms and Conditions of Contract (Document No 3) and Supplementary Conditions of Contract (Document No 4), of the services detailed in the Specification (Document No 5).
Taunton & Somerset NHS Foundation Trust, as Lead Trust, (hereinafter referred to as the Authority) are acting on behalf of:
- TauntonSomerset NHS Foundation Trust
- YeovilDistrictHospital NHS Foundation Trust
- Somerset Partnership NHS Foundation Trust
- Somerset Primary Care Trust
(hereinafter referred to as The Trusts)
The Authority does not bind itself to accept the lowest or any Offer and reserves the right to accept an Offer either in whole or in part, each item being for this purpose treated as offered separately. The Authority reserves the right to award contracts and framework foragreements for the supply of the services described above and arising out of this procurement process to more than one supplier, in some cases by awarding lots if indicated in the OJEU notice and this tender documentation..
Offers must be written in English, where applicable in ink, not amended in any way, and must be submitted in a plain sealed envelope which does not identify the name of the company, bearing the address label enclosed herewith, to arrive at that address no later than12:00noon on Wednesday 14 July 2010.xxxxxxxxxxxxxx. Quantity 2 (two)copies must be provided in a priced format, and 3 (three) copies must be provided in an un-priced format. The status of the documents shall be clearly marked on their covers and on all electronic media provided. In addition one priced and one un-priced copy shall be provided electronically (for example, but not limited to, CD, USB memory stick – virus tested) in Microsoft Word or PDF formats preferably the latest versions (if unable to provide in this format please contact the undersigned). All offers shall be submitted in secure binders with no loose literature. Catalogues, if requested, shall be submitted on CD ROM where possible. Under no circumstances must a response be sent by email unless explicitly instructed to do so as this shall result in your offered response being disqualified.
Tenders shall become the property of Taunton and Somerset NHS Foundation Trust upon receipt by the Trust.
This Invitation comprises the following documents:
Document No 1This covering letter
Document No 2Terms of Offer
Document No 3NHS Terms and Conditions of Contract
Document No 4Supplementary Conditions of Contract
Document No 5ASpecification
Document No 5BResponses to Specification
Document No 5CDWeighting and Evaluation Criteria
Document No 6Offer Schedule
Document No 7Form of Offer
Document No 8Deed of Guarantee (required for completion by successful Tenderer)
Document No 9NHS Confidentiality Agreement (required (for completion by successful Tenderer)
Document No 10Acknowledgement of Receipt of Tender
Return Label
We must draw your attention to the enclosed Terms of Offer (Document 2) where all the requirements for completing and submitting an offer can be found. Failure to comply with these instructions may result in your offer being rejected.
The Offeror is advised to read all documentation very carefully to ensure they are familiar with the nature and extent of the obligations to be accepted by them if their Offer is successful as these shall be enforced in full by the Trust..
Please note that the responsibility for ensuring the safe receipt of your offer lies with the Offeror and the Trust shall not accept any responsibility or liability for or arising from late or non-receipt of offers. Proof of posting shall not be accepted as proof of delivery.
Should any documents be missing please contact the undersigned immediately. Electronic copies of this document are available on request. Contact ere electronic copies are supplied the original hard copy is deemed to be the master copy as the Trust is unable to guarantee electronic copies have not been corrupted.
Yours faithfullysincerely,
Mrs Jane Eastman MCIPS
Procurement Projects Manager
01823 343829 d/d
01823 343810 fax
[Name]
[Title]
Tel:
Fax:
E-Mail:
enc
Document No 2
Invitation to offer for the Supply of Waste Management Services to NHS Trusts and Healthcare Organisations within Somerset
Tender Reference: TS/LOC/0220
Period of contract shall be 3 (three) years
(with an option to extend for a further 2 (two) x 12 (twelve) month periods)
TERMS OF OFFER
- Information and Confidentiality
1.1.Information supplied to Offerors as part of the procedure is supplied in good faith. However, Offerors must satisfy themselves as to the accuracy of such information and no responsibility is accepted for any loss or damage of whatever kind or howsoever caused, arising from the use by Offerors of such information, unless such information has been supplied fraudulently by the Authority
1.2.All information supplied in connection with this Invitation shall be regarded as confidential and by submitting an offer the Offeror agrees to be bound by the obligation to preserve the confidentiality of all such information.
1.3.This Invitation and its accompanying documents shall remain the property of the Authority and must be returned on demand.
- General
2.1.Any offer that includes alternative Terms and Conditions shall be deemed by the Authority to be a counter offer and shall be treated accordingly. The purpose of this offer documentation is to ensure that all offerors follow the same conventions and are consequentially assessed on an equitable basis thus ensuring all competitors have equal opportunity to submit successful offers.
2.2.Potential suppliers must meet all their own costs of responding to this tender including any costs they incur in responding to this tender. This is deemed to be inclusive of any attendance at presentations and/or site visits in connection with this tender.
- Freedom of Information Act 2000
3.1.The Freedom of Information Act 2000 (FOIA) applies to the Trusts.
3.2.Offerors shall be aware of the Trusts obligations and responsibilities under the FOIA to disclose, on request, recorded information held by the Trusts. Information provided by offerors in connection with this procurement exercise, or with any contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Trusts in response to such a request, unless the Trusts decide that one of the statutory exemptions under the FOIA applies. The Trusts may also include certain information in the publication scheme, which it maintains under the FOIA.
3.3.In certain circumstances, and in accordance with the Code of Practice issued under Section 45 of the FOIA, the Trusts may consider it appropriate to ask offerors for their views as to the release of any information before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, the Trusts must comply with a strict timetable and the Trusts would, therefore, expect a timely response to any such consultation within five working days.
3.4.If offerors provide any information to the Authority in connection with this procurement exercise, or with any contract that may be awarded as a result of this exercise, which is confidential in nature and which an offeror wishes to be held in confidence, then offerors must clearly identify in their offer documentation the information to which offerors consider a duty of confidentiality applies. Offerors must give a clear indication which material is to be considered confidential and why you consider it to be so, along with the time period for which it shall remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” shall no longer be appropriate. In addition, marking any material as “confidential” or equivalent shall not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an offeror has indicated that information is confidential, the Authority may be required to disclose it under the FOIA if a request is received.
3.5.The Trusts cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence.
3.6.In certain circumstances where information has not been provided in confidence, the Trusts may still wish to consult with offerors about the application of any other exemption such as that relating to disclosure that shall prejudice the commercial interests of any party.
3.7.The decision as to which information shall be disclosed is reserved tothe Trusts, notwithstanding any consultation with the offeror.
- Supplier Presentations and Visits to Contractor sites
4.1Given the high risk nature of this activity, the Authority reserves the right to holdexpects all potential Suppliers to attend the eventSupplier Presentationss following submission of tenders.. Should a Supplier not attend, without just cause, they shall be excluded from further involvement in this competition.
Supplier PresentationsWednesday 23 June 2010 and Thursday 24 June 2010.
These dates shall not be subject to variation and you are advised to ensure that you shall have appropriate staff available to attend as requested.
4.2Given the high risk nature of this activity, the representatives from the Trusts intend to visit the Contractors site to carry out due diligence checks prior to award of this Contract. Dates for these visits shall be arranged direct with contractors following submission of their tender.
- Prices
5.1.Prices must be stated in the Offer Schedule (Document No 6) and must remain open for acceptance until 90 days from the closing date for receipt of offers.
- Prices Fixed for 12 months
6.1.Prices must remain fixed, unless a downward movement occurs, for a period of 12 (Twelve) months following the date of contract. Thereafter prices shall be subject to annual formal review. Any statutory increase in charges e.g. landfill tax, shall be accepted by the Trusts.
6.2.It is the expectation of the Authority, that supplier/s shall work in conjunction with them in order to identify improvements in working practices and processes, which shall result in year on year cost reductions or mitigate any cost increases.
6.3.Any price increases proposed shall not exceed the prevailing rate of inflation as indicated by the Retail Price Index (RPI) as calculated by the Office of Government Statistics, RPIX, (Table RP05). The supplier shall state any requested variances in writing giving at least three month’s notice.No price increase shall come into effect without the written agreement of the authority.
6.4.Shallthe Authority and the contracted supplier fail to agree any proposed revised prices, the Authority shall continue to pay the contract prices previously agreed until such agreement is reached. NHS Conditions of Contract statement on Mediation refers.
6.5.Prices must be submitted in accordance with the relevant information stated in the Supplementary Conditions of Contract, Specification and Tender Schedule (Documents 4, 5 and 6).
6.6.The contractortenderertenderer shall supply such collaborative evidence of those costs as the Authority may reasonably require to evidence any adjustment of costs in the form of accounts, bills, and any ways the Authority may deem required.
6.7.Prices shall be quoted inclusive of all elements but exclusive of VAT, to the address as detailed in the contract.
- Additional Costs
7.1.All charges associated with the provision of this contract shall be fully included within this offer submission. It shall be assumed that there shall be no additional costs associated with the provision of this contract, during the contract period.
- Offer documentation and submission
8.1.Offers may be submitted for all services or for selected items.
8.2.Services offered shall be strictly in accordance with Document No 5. Alternative services may be offered but all differences between such items and the Specification must be indicated in detail in the Offer Schedule (Document No 6).
8.3.Offers must comprise:
8.3.1.Response to Contract Specification (Document 5B)
8.3.2.Offer Schedule (Document No 6)
8.3.3.the Form of Offer (Document No 7)
8.4.The Form of Offer (Document 7) must be signed on the Master copy by an authorised signatory. In the case of a partnership by a partner for and on behalf of the firm, and in the case of a limited company by an officer duly authorised, the designation of the officer being stated.
8.5.The Form of Offer and accompanying documents must be fully completed. Any Offer which:
8.5.1.contains gaps, omissions or obvious errors;
or;
8.5.2.contains amendments which have not been initialled by the authorised signatory;
or;
8.5.3.is received after the closing time;
or;
8.5.4.does not follow the conventions of this documentation
may be rejected.
8.6 Offers must be written in English, where applicable in ink, not amended in any way, and must be submitted in a plain sealed envelope which does not identify the name of the company, bearing the address label enclosed herewith, to arrive at that address no later than 12 noon on xxxxxxx Wednesday 14 July 2010. Quantity 2 (two) copies must be provided in a priced format, and quantity 3 (three) copies must be provided in an un-priced format. The status of the documents shall be clearly marked on their covers. In addition 1 (one) priced and 1 (one) un-priced copy shall be provided electronically ( for example, but not limited to CD, USB memory stick – virus tested) in Microsoft Word or PDF format preferably the latest versions (if unable to provide in this format please contact the undersigned). All offerors shall be submitted in secure binders with no loose literature. Catalogues, if requested, shall be submitted on CD ROM where possible. Under no circumstances must a response be sent by email as this shall result in your offeror response being disqualified.
Offers to be submitted to the following address using the enclosed label
Mr Peter Lewis
Deputy Chief Executive and Director of Finance
Taunton and Somerset NHS Foundation Trust
MusgroveParkHospital
Taunton
Somerset
TA1 5DA
9.Contract award criteria
9.1.The contract (s) shall be awarded on the basis set out in Document 5A.
- Contract monitoring and Quality Assurance
10.1.The Trusts are committed in principle to helping improve the efficiency of contracted suppliers through sharing information on performance measurement. The criteria for measuring performance shall be agreed with the supplier/s and formally documented prior to the contract being awarded. It is possible that measurement criteria shall develop during the term of the contract - this shall also be documented following agreement with the suppliers.
11.Contract review
11.1.Regular contract reviews shall be undertaken to ensure performance is in accordance with the Contract Specification. The Authority reserves the right to provide the supplier with sufficient time to remedy the contract if a minor breach occurs. If this cannot be resolved, the Authority reserves the right to cancel the contract shall the supplier fail to meet any of the specified terms and conditions.
11.2.If there is a fundamental breach we reserve the right to invoke the statutory NHS Terms and Conditions
11.3.Frequency of contract review meetings shall be reasonable and subject to requirement.
- Prime contractor requirements
12.1.The supplier shall be expected to act as the prime contractor for delivery and installation of the full solution. The prime contractor shall describe any subcontracting arrangements.
13.Canvassing
13.1.Any Offeror who directly or indirectly canvasses any Member, Official or Agency of the Authority concerning the award of the Contract for the provision of the services is likely to be disqualified.
14.Collusive Tendering
14.1.Any Tenderer who:
14.1.1.Fixes or adjusts the amount of the Offer by or in accordance with any agreement or arrangement with any other person; or
14.1.2.Communicates to any person other than the Authority the amount or approximate amount of the proposed Offer (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Offer for instance); or
14.1.3.Enters into agreements or arrangements with any other person that he shall refrain from Tendering or as to the amount of any Offer to be submitted; or
14.1.4.Offers or agrees to pay or does pay or give any sum or sums of money, inducement or valuable consideration directly or indirectly to any person for doing or having done, causing or having caused to be done in relation to other Offers or proposed Offers for the services of any act or omission,
shall (without prejudice to any other civil remedies to the Authority and without prejudice to any criminal liability which such conduct by an Offeror may attract) be disqualified.
15.Complaints Procedure
15.1 The contractor shall inform the nominated officer or deputy within the organisation of any difficulties or complaints relating to the delivery of the service within 24 hours of receiving such complaint. On commencement of this contract details shall be provided.
- Contractors Handover Co-operation
16.1.The Contractor shall co-operate fully with the Authority during the handover leading to the termination/expiry of the contract. This co-operation shall extend to full access of all documents, reports, summaries and any other information required to achieve an effective transition without disruption to routine operational requirements. The Contractor shall take all reasonable steps to ensure that the handover of operations to the new Contractor causes the least possible disruption and that such handover is done in the shortest most practical time agreed by all parties.
17. Staff Vetting
The Contractor is required to make complete checks on the history of any existing and prospective personnel to ensure their suitability to carry out work packages covered under this contract.
17.1. This shall include obtaining written work and personal references and a full understanding of any ‘blank’ periods in the candidates’ employment history to date.
17.2. At least two satisfactory written references must be obtained from previous employers, one of whom must be a recent employer.
17.3. When taking up references, it must be explained to previous employers that exemption exists in respect of employment with the Authority from Section 4 (2) of Rehabilitation of Offenders Act 1974 and that it is not any way contrary to the provisions of the Act to reveal information regarding convictions which shall otherwise be considered as ‘spent’ in relation to the applicants’ suitability.