Invitation to Tender
Part B
Open procedure, above EU threshold tender requirements
This Part B to be submitted
Supply & Delivery
Of
Fresh & Frozen
Halal Meat & Poultry
Reference: BFDMDC-YORE-95CJYU
ORGANISATIONS DETAILS
Company:Address:
Contact Name:
Position:
Telephone:
Email:
1 of 39
ITT Open Above Part B V3.1/07.12
Table of Contents
Page No.
DECLINING TO TENDER
TENDER QUESTIONS
FREEDOM OF INFORMATION ACT 2000 CONTRACTORS OBLIGATIONS
DECLARATION OF NON-COLLUSIVE TENDERING
FORM OF TENDER
TENDER SUBMISSION CHECKLIST
TENDER RETURN LABEL
DECLINING TO TENDER
If your organisation is declining to tender please complete and return this page before the tender return deadline to the email address below stating your reason(s) why.
Reference: Supply Delivery of Fresh & Frozen Halal Meat & Poultry
BFDMDC-YORE-95CJYU
Company:Address:
Contact Name:
Position:
Telephone:
Email:
I will not be returning the above ITT for the following reasons:-
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RETURN TO:-
TENDER QUESTIONS
Please answer each of the following questions as fully as possible in no more than 300words per individual question(unless instructed otherwise) in the boxes provided – please enlarge the boxes as necessary but do no not attach any additional sheets – all answers to the section must be provided in this document. Please do not merge any of your answers to the questions together – answer them all separately even if it means repeating yourself.
SECTION A – ORGANISATION PROFILE
This section is required for information purposes only.
Where the tenderer is a division of a company or a member of a group of companies, please ensure ALL figures and information given relate solely to the division or member for which this ITT is made and NOT to the whole of the company or group unless otherwise instructed.
1.Full name, address and website.
Organisation NameAddress
Town/City
Postcode
Country
Website
2.Name, position, telephone number and e-mail address of main contact.
NamePosition
Telephone Number
Fax Number
3.Current legal status of the organisation
(Please tick one box)SoleTrader / Public Sector Organisation
Partnership / Charitable Organisation
Public Limited Company / Voluntary/3rd Sector
Private Limited Company / Other (please state)
- Company Registration Details
Company Registration Number
Charities, Housing Association or any other registration number (if applicable). Please specify registering body:
Date of Registration:
Registered address including full post code if different from 1 above:
- Please provide a copy of your Certificate of Incorporation (if applicable).
Certificate of Incorporation enclosed / YES / NO
- Primary business
Please give a brief description of your primary business and main products and services (maximum ½ page A4)
7.Is the tender submission a consortium joint venture or other arrangement? If so, and if it is available, please provide details of the constitution and percentage shareholdings.
Consortium / YES / NOIf YES please complete the table below
Organisation(s) / Percentage shareholding
8.If required by the Council, will your parent / holding company provide a guarantee in respect of your company?
Parent Company Guarantee / YES / NOParent or Holding Company Details (if applicable) / Company Registration Number:
9.Please provide a statement of any of the services which you intend to sub-contract to another person/organisation identifying the sub-contractor and the relevant services to be sub-contracted expressed both by value and proportion of contract sum, or proposed proportion (%).
Please confirm that you accept responsibility for ensuring that any sub-contractor you have identified or intend to identify complies with the standards set out in this ITT. Please note that the Council reserves the right at any time in the procurement process to seek evidence of this.
YES/NO(delete as appropriate)Does your organisation manage sub-contractors to ensure that quality is satisfactory?
YES / NO(delete as appropriate)If the answer to the above question is YES, please provide details.
10.E-business.
Are you able to accept orders and invoices by email?
YES / NO (delete as appropriate)Please note that the Council will ultimately be requiring all suppliers to be able to receive orders and payments electronically.
SECTION B – GROUNDS FOR EXCLUSION
This section tests the criteria which are given in regulation 23 of the Public Contracts Regulations 2006 (as amended).
This section will be evaluated on a pass/fail basis.
MANDATORY GROUNDS
11.Please confirm that, to the best of your knowledge, the supplier named above is not in breach of the provisions of Regulation 23(1) as listed below.
Please confirm (i.e. by indicating YES below) that the supplier (or its directors or any other person who have powers of representation, decision or control of such supplier) has NOT been convicted of any of the following offences:-
conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminalorganisation as defined in Article 2 of Council Framework Decision2008/841/JHA; / YES / NO(Delete as appropriate)
corruption within the meaning of section 1(2) of the Public Bodies CorruptPractices Act 1889 or section 1 of the Prevention of Corruption Act 1906,where the offence relates to active corruption; / YES / NO
(Delete as appropriate)
the offence of bribery, where the offence relates to active corruption; / YES / NO
(Delete as appropriate)
bribery within the meaning of section 1 or 6 of the Bribery Act 2010; / YES / NO
(Delete as appropriate)
fraud, 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, within the meaning of—
- the offence of cheating the Revenue;
- the offence of conspiracy to defraud;
- 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;
- 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;
- 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;
- an offence in connection with taxation in the European Union within themeaning of section 71 of the Criminal Justice Act 1993;
- 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;
- fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or
- making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;
(Delete as appropriate)
money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002 / YES / NO
(Delete as appropriate)
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
(Delete as appropriate
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
(Delete as appropriate
any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State. / YES / NO
(Delete as appropriate)
NOTE: In the above table, “active corruption” means corruption as defined in Article 3 of the Council Act of 26 May 1997 or Article 3(1) of Council Joint Action 98/742/JHA.
DISCRETIONARY GROUNDS
12.Under Regulation 23(4) the Council may treat a submission ineligible or decide in the wider public interest not to select a supplier to progress to the next stage on the following grounds. (These discretionary grounds apply only to the organisation and not to persons who have powers of representation, decision or control of the economic operator)
You are required as a supplier (as a director or any other person who has powers of representation, decision or control of such supplier) to confirm that the following statements below are correct (i.e. by indicating YES below):-
Being an individual, that you are not a person in respect of whom a debt relief order has been made or been declared bankrupt or had a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made; or have not made any composition or arrangement with or for the benefit of creditors or have not made any conveyance or assignment for the benefit of creditors or do not appear able 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) Order1989, or in Scotland have 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 estate, or is not the subject of any similar procedure under the law of any other state.OR
Being a partnership constituted under Scots law has not granted a trust deed or becomeotherwise apparently insolvent, or is the subject of a petition presented for sequestrationof its estate;
OR
That being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002you have 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. / YES/NO
Delete as appropriate)
That you have not been convicted of a criminal offence relating to the conduct of your business or profession. / YES/NO
(Delete as appropriate)
That you have notcommitted an act of grave misconduct in the course of your business or profession. / YES/NO
(Delete as appropriate)
That you have not been convicted of an offence under section 2 or 7 of the Bribery Act 2010; / YES/NO
(Delete as appropriate
That you have fulfilled your 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. / YES /NO
(Delete as appropriate)
That you have fulfilled your 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. / YES/NO
(Delete as appropriate)
That you have not been found guilty of serious misrepresentation in providing any information referred towithin this regulation 23 or regulation 24, 25, 26 or 27 of the PCR, or has not provided suchinformation in response to a request by the contracting authority / YES / NO
(Delete as appropriate)
In relation to procedures for the award of a public services contract, you are licensed in the relevant State in which you are established or 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. / YES /NO
(Delete as appropriate)
That you are, where applicable, registered with appropriate trade or professional register(s) in the EU Member State where it is established (as set out in Schedule 6 of Public Contracts Regulations 2006) under the conditions laid down by that MemberState. / YES / NO
(Delete as appropriate)
That there are no known potential conflicts of interest that may arise if your organisation were awarded this contract. / YES / NO
(Delete as appropriate)
If the answer to any of the above discretionary grounds is NO please give details including any corrective action you have taken to resolve the situation.
BRIBERY ACT
Does your organisation have a suitable policy in place to prevent acts of bribery in accordance with the Bribery Act 2010? / YES / NO (Delete as appropriate)If NO, please explain why, detailing what internal systems are in place to prevent acts of bribery.
HEALTH & SAFETY
- Does your organisation have a written Health and Safety Policy (covering General Policy, Organisation and Arrangements) as required by Section 2(3) of the Health and Safety at Work etc Act 1974 and issue any codes of safe working practices to your workforce? (Only applies if a total of 5 or more staff are employed).
YES / NO (delete as appropriate)
If the answer is YES please enclose a copy of the policy.
Health and Safety Policy enclosed / YES / NO (delete as appropriate)14.Does your organisation comply with the Management of Health and Safety at Work Regulations 1999?
YES / NO (delete as appropriate)15.During the last five years, has your organisation been subject to formal enforcement (e.g. Prosecution, Prohibition Notice or Improvement Notice) for contravention of the Health and Safety at Work etc Act 1974, or equivalent legislation arising from your conduct of activities similar to those covered by this contract?
YES / NO (delete as appropriate)If the answer is YES, please provide full details and explain corrective action taken to prevent re-occurrence.
EQUAL OPPORTUNITIES
16.Does your organisation have an Equal Opportunities Policy (addressing issues affecting race, disability, sex, sexual orientation, religion or belief, pregnancy and maternity, gender reassignment, marriage and civil partnership).
If the answer is YES please enclose a copy of the policy.
Equal opportunities policy enclosed / YES / NO (delete as appropriate)17.Please read the Equality in Contracts leaflet enclosed with this ITT. The following questions will require you to refer to this leaflet in order to respond fully.
In order for the Council to fulfil its duties under the Equalities Act 2010 or equivalent legislation in the European Unions jurisdiction, please provide clear and specific information/evidence as requested.
Please refer to Page 4 of the Equality in Contracts leaflet.
17.1. / Is it your policy as an employer to comply with the statutory obligations under the Equalities Act 2010 and accordingly, your practice not to treat individuals or a group of individuals less favourably than others because of race, sex, sexual orientation, disability, age, religion or belief, pregnancy, maternity, marriage or civil partnership or gender reassignment particularly when you take decisions to recruit, train or promote employees? / YES / NO(Delete as appropriate)
17.2. / In the last three years, haveany findings of unlawful discrimination contrary to the Equality Act 2010 (or any discrimination legislation preceding it) been made against your organisation by any court or employment tribunal? / YES / NO
(Delete as appropriate)
17.3. / In the last three years, has your organisation been the subject of formal investigation by the Equality and Human Rights Commission on grounds of alleged unlawful discrimination? / YES / NO
(Delete as appropriate)
17.4. / As an employer, do you believe that you comply with the provisions of the Equality Act 2010 which prohibits discrimination (including discriminatory pay and pay arrangements) related to, or because of, sex, gender reassignment, pregnancy and maternity? / YES / NO
(Delete as appropriate)
17.5. / In the last three years, has any court or employment tribunal found that your organisation has discriminated against someone for reasons related to sex, sexual orientation, transgender, pregnancy or maternity or the level of pay you gave them as a result of any of the characteristics listed within this question? / YES / NO
(Delete as appropriate)
17.6. / As an employer, do you believe that you comply with the provisions of the Equality Act 2010 which prohibits unlawful discrimination against persons with a disability? / YES / NO
(Delete as appropriate)
17.7. / In the last three years, has any court or employment tribunal found that your organisation has discriminated against someone because of their disability? / YES / NO
(Delete as appropriate)
17.8. / As an employer, do you believe that you comply with the provisions of the Equality Act 2010 which prohibits unlawful discrimination for reasons related to Age, Religion or Belief? / YES / NO
(Delete as appropriate)
17.9. / In the last 3 years, has any court or employment tribunal found that your organisation has discriminated against someone because of their Age, Religion or Belief? / YES / NO
(Delete as appropriate)
17.10. / If the answer to question 18.2, 18.5, 18.7 or 18.9 is YES or, in relation to question 18.3, the Commission made a finding against your organisation, what steps did you take as a result?
17.11. / Is your policy on equal opportunities set out:
a / In instruction to those concerned with recruitment, training and promotion? / YES / NO
(Delete as appropriate)
b / In documents available to employees, recognised trade unions or other representative groups of employees? / YES / NO
(Delete as appropriate)
c / In recruitment advertisements or other literature? / YES / NO
(Delete as appropriate)
17.12. / Do you observe, as far as possible, the Commission for Equality and Human Right’s Statutory Code of Practice on Racial Equality in Employment (2005)? This 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 ethnic minorities to apply for jobs or take up training opportunities. / YES / NO
(Delete as appropriate)
- Performance Standard for Equal Opportunity
Please refer to Page 7 of the Equality in Contracts leaflet.
Organisations with less than 5 persons will be required to provide a written Assurance Letter that Level 1 of the standard will be achieved prior to any recruitment which will increase the size of the organisation to 5 or more.
Please indicate what Standard Level your organisation has achieved:
150 or more employees / Level 3 / YES / NO (delete as appropriate) / Supporting Evidence Enclosed / YES / NO (delete as appropriate)50 or more employees / Level 2 / YES / NO(delete as appropriate) / Supporting Evidence Enclosed / YES / NO(delete as appropriate)
5 or more employees / Level 1 / YES / NO(delete as appropriate) / Supporting Evidence Enclosed / YES / NO(delete as appropriate)
Less than 5 persons / Assurance Letter / YES / NO(delete as appropriate) / Assurance Letter Enclosed / YES / NO(delete as appropriate)
ENVIRONMENT
- Does your organisation have an environmental policy?
YES / NO(delete as appropriate)
If the answer to this question is YES, please tick the box to confirm the above document is enclosed:
- Does your organisation have an externally validated environmental management system?
YES/NO(delete as appropriate)
If the answer to this question is YES, please tick the box to confirm a copy of the validation certificate is enclosed:
- During the last three years have any prosecutions been taken, cautions given, notices served or other action taken against your organisation or against any of your directors/management for contraventions of environmental legislation (including town and country planning legislation)?
YES / NO(delete as appropriate)
If the answer to the above question is YES, please provide details (including, in the case of prosecutions, details of charges, dates and venues of hearings, verdicts of the court and penalties, if found guilty) and any steps you have taken as a result of this to prevent re-occurrence: