GUIDANCE ON SAMPLES IN THE TENDER PROCESS

Samples can be used in the selection process for the assessment of the technical or professional ability of a potential supplier, or as part of the award process but not both. This guidance deals with the calling down, receipting and evaluation of samples for use in the award process. Any descriptions or clauses mentioned in this document are intended as examples only. It is important to refer to the tender documentation as each process will be specific to that tender and this document is for guidance only.

Pre Tender Considerations

At the design stage of a tender process a Contract Adjudication Group (CAG) is established. The remit of the CAG is to design and agree the tender specification and award criteria, evaluate bids and disseminate the award decisions to their respective organisations and departments. At the design stage a decision must be made as to whether or not trialling and evaluation of samples will form part of the adjudication process. If samples are required trials may take a number of different formats for example,

  • Benchtop trial/assessment (possibly by panel members)
  • Clinical trial/ assessment (where the products are used in a clinical setting)
  • In situ trial/assessment (clinical or technical e.g. laboratory equipment)

If samples are to be trialled or tested then the CAG will decide when they are required. Samples may be required at the same time as the tender closes, or at a specified later date, or samples may be called for at a later date which is not defined at the time of tender. Either way tenderers should satisfy themselves that instructions on this matter are clear and if they are not should seek clarification from the contact point named in the tender documents.

Tender documentation will also make clear to bidders the consequences of late or undelivered samples. For example, If samples are required at the tender close the documentation should include a statement to bidders as to when the samples are required along with a defined closing date and time to include, for example, “samples not received by the requested date and time will not be considered.” This means that bidders will be deselected for products for which no samples were submitted however if some but not all samples are received from a bidder, the tender evaluation may in some circumstances permit those samples received on time to be considered.

If samples are required at a later stage in the process then a statement in the tender documentation will reflect this. Wherever possible the CAG will decide what is necessary to support the specific tender process and detail this in the documentation. If bidders are unsure of the process clarification must be sought as early as possible through the secure messaging facility within eSourcingNI. Suppliers must be aware that a deadline is a deadline as defined in, JB Leadbitter v Devon County Council [2009] EWHC 930 (Ch).

Samples required can vary, depending on the tender, from small inexpensive products to complex and expensive large pieces of equipment. Samples will be requested free of charge however the tender process is governed by the EU Treaty principles of,

  • Equal treatment
  • Non discrimination
  • Transparency
  • Proportionality

The CAG should be sensitive to the financial impact to suppliers and only require samples where necessary and in volumes suitable to allow testing/trialling to be carried out . PaLS will endeavour to ensure that the request for samples is proportionate to the process.

Depending on the nature of the tender, equipment for trial may be provided on loan. This equipment may need to be indemnified. Responsibility for the cost of carriage and insurance will lie with the tenderer unless this is otherwise stated within the tender documents. Tenderers should identify in their tender if any special handling or storage requirements are needed as early in the process as possible to facilitate arrangements being made.

Calling for and receipt of samples

When calling down samples the tender documentation will typically identify,

  • Contact person
  • Delivery address
  • Date and time after which the samples will no longer be considered
  • Instructions on packaging
  • Instructions on labelling

Where and how samples are to be delivered may also have an impact on how and when they are asked for in the tender documentation. Samples may be delivered to, for example,

  • Local PaLS office
  • SDC warehouse
  • Local store on-site
  • Dedicated receipt and distribution (R&D) centre
  • Directly to the Department / User

Any information from bidders required to accompany the samples will be communicated to bidders either within the tender documents or in separate correspondence issued during the tender process.

Assessment / Evaluation

On occasion trials (clinical or technical) may require a supplier representative to be present. The evaluators will not be at liberty to discuss the trials with those representatives.