Standard Form Services Agreement (Short Form) 2014

Swale House, East Street,

Sittingbourne, Kent ME10 3HT

DX59900 Sittingbourne 2

Phone: 01795 424341

Fax: 01795 417141

02.02.15

Dear Tenderer

I have pleasure in inviting you to submit a tender for a Sports Facility Strategy 2015 – 2025 for Swale.

You are advised that the terms and conditions of contract are as laid down under Appendix A. The tender evaluation criteria will be based on a one stage process. Stage 1 will effectively be a pass/fail assessment to assess potential providers capability of providing the required goods or services.Stage 2 will be an evaluation of the tender documents.

The Council will accept the Tender which it considers to be the most economically advantageous in accordance with the evaluation and award criteria outlined within this document. The evaluation criteria will be based on 40% Price / 60% non-price/quality in accordance with Section 5.

Please ensure that a method statement is submitted as this will be used to evaluate the quality element of your bid in line with Section 8 table B.

Only questions submitted by email will be responded to which will enable a properly considered response to all tenderers under anonymity. All questions must be emailed to th copy email

Please ensure that,“A186 – Sports Facility Strategy 2015 - 2025” is placed in the subject title of the email.

Sincerely

Emma Wiggins

Head of Economy & Community Services

Invitation to Tender

For

Sports Facilities Strategy for Swale

2015 - 2025

A186

Issue Date: 02/02/15

Return Date:02/03/15

CONTENTS

1TENDER INTRODUCTION

2PROCUREMENT PROGRAMME

3STAGE ONE QUESTIONS

4CONDITIONS OF CONTRACT

5SPECIFICATION

6STATUTORY DUTIES

7PRICING SCHEDULE

8STAGE TWO VALUATION PROCESS AND AWARD CRITERIA

9TENDER RESPONSES DOCUMENT AND DECLARATION

10FORM OF TENDER AND DECLARATIONS

APPENDIX ACONTRACT CONDITIONS

APPENDIX BSTATEMENT RELATING TO GOOD STANDING

APPENDIX C - BRIBERY ACT POLICY

SECTION 1 - TENDER INTRODUCTION

1GENERAL REQUIREMENTS

Tenderers are invited for the supply of services in accordance with the specification.

The Councils’ detailed requirements are defined in the Specification (Section 3)

This tender is in principle based on the open procedure as illustrated in the Public Contracts Regulations; therefore a two stage evaluation process will be undertaken. Stage one will assess potential providers capability of providing the required goods or services. Those selected for stage 2 will then be evaluated based on the tender evaluation criteria as described in section 5.

For evaluation purposes, tenderers are requested not to change the layout / format of this document with the exception of Section 4. Tenderers changing the layout of this document may have their tender submission disqualified.

2REJECTION OF TENDER

The Council shall reject any Tender submitted where the Tenderer undertakes activities contrary to undertakings given within the anti-Collusive Tendering Certificate. Such non-acceptance or rejection shall be without prejudice to any other civil remedies available to the Council or any criminal liability which such conduct by a Tenderer may attract.

3INFORMATION, COSTS AND EXPENSES

The Tenderer is responsible for obtaining all information necessary for the preparation of its Tender and all costs expenses and liabilities incurred by the Tenderer in connection with the preparation and submission of the Tender shall be borne by the Tenderer.

4SUBMISSION OF FORM OF TENDER

The Form of Tender must be duly completed and submitted with the Pricing Schedule, Supporting Information, (if required) and annexes along with a full electronic copy of their submission duly completed to:

Sports Facility Strategy 2015 - 2025 / A186

Democratic and Electoral Services Manager

Swale Borough Council

Swale House

East Street

Sittingbourne, Kent

ME10 3HT.

By no later than 12 noon, 2ndMarch 2015.The envelope or package should bear the details as illustrated (please enclose a copy on CD-ROM disk / memory stick)

Tender Title: Sports Facility Strategy 2015 - 2025

Return Date: No later than 12 noon, 2ndMarch 2015

Sports Facility Strategy 2015 – 2025 / A186

Democratic and Electoral Services Manager

Swale Borough Council

Swale House

East Street

Sittingbourne

Kent

ME10 3HT.

When returning the tender please ensure that:

  • The envelope does not bear any name or mark indicating the identity of the sender (this includes for example, franked mail, Post Office labels detailing the sender, courier service labels or a signature across the seal of the envelope).
  • the envelope is not accompanied by other documentation which identifies the Tenderer.
  • all documentation is properly completed and enclosed with your tender.
  • The date and time by which the tender must be returned is noted
  • if returning tenders by post, that the chosen method will guarantee delivery before the specified deadline

Tenders returned other than in the normal course of post will only be accepted during normal office hours i.e. Monday – Thursday 9am – 5.00pm and Friday 9am – 4.30p.m. (Excluding bank holidays)

IMPORTANT NOTE: Failure to comply with the above may invalidate your tender submission.

5FURTHER INFORMATION AND QUERIES

At any time prior to six days before the date for receipt of Tenders the Tenderer may by written communication (e-mail only) to the Council request any information or raise any query in connection with the Form of Tender, the Conditions, Specification or the Pricing Schedule and any such correspondence should be addressed to: with a carbon copy sent to the following recipients;

It should be noted that all questions and answers will be shared equally between all suppliers invited to tender, with anonymity given to the original enquirer. Any communications by email regarding this opportunity will require A186 included in the subject title.

In the event that the Tenderer has difficulty in complying with any specific provision thereof or wishes to propose any amendment thereto it should provide all information and evidence in writing concerning such difficulty or amendment as the Council may require. The Council may at its discretion consider the difficulty or amendment and may issue general guidance or waive or amend the relevant provision but in any case without prejudice to all or any other provisions of the Form of Tender, the Conditions or the Specification or any rights or powers of the Council hereunder. No such waiver or amendment shall be binding unless made in writing and signed and incorporated into the contract.

6ACCEPTANCE, EVALUATION OF TENDERS & VARIANT BIDS

An initial examination will be made to establish the completeness of submitted tenders. The Council reserves the right to disqualify any tender submission, which is incomplete.

Tenderers should satisfy themselves of the accuracy of all fees, rates and prices quoted.

In the event of genuine errors being discovered after the submission of Tenders, Tenderers will be asked to either Standby or correct their tender for the genuine errors

Where considered to be in the best interest of the Council variant bids may be accepted.

The tender evaluation will be undertaken in two stages.

Stage 1: will be an assessment of responses to ITT sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and10 where the panel are seeking to identify organisations with sufficient capacity and capability to deliver the contract. Each section will be marked as ‘Pass or Fail’ based on the information provided. Any tender which does not pass all of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 may be eliminated.

Stage 2: will be a desk based evaluation of the ITT documents undertaken independently by three officers prior to moderating a final score of the remaining ITT responses using the balance of 40% Price and 60% Quality

The Council will accept the Tender, which it considers to be the most economically advantageous in accordance with the evaluation and award criteria outlined within this document

The Council reserves the right not to award the Contract to the lowest price or any Tenderer, reserving also the right to accept the same in whole or in part.

7TENDERER’S WARRANTIES

The Tenderer warrants it has made its own investigations and research, and has satisfied itself in respect of all matters relating to the Tender, the Specification and the Conditions of Contract and that it has not submitted the Tender and will not have entered into the Contract in reliance upon any information, representations or assumptions (whether made orally, in writing or otherwise) which may have been made by the Council

The Tenderer warrants it has full power and authority to enter into the Contract and will if requested produce evidence of such to the Council;

.

SECTION 2 - PROCUREMENT PROGRAMME

Event / Date
Advertise EOI IssueITT / 2nd February 2015
Closing date for tender returns / 12 noon 2ndMarch 2015
Tender evaluation / 3 – 10th March 2015
Contract award / 13thMarch 2015
Contract commencement / 23rd March 2015
Contract End date / 23rd December 2015

SECTION 3 - STAGEONE QUESTIONS

1Instructions on provision of information

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.

2Organisational information

Organisation name
Type (Legal status)
Year of registration (as applicable)
Address / registered address
Contact name
Telephone
Email
Web- site
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.
3.

3Economic and financial information

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

3.1Please supply details of existing insurance cover and policies – minimum requirement Public Liability £5,000,000, Employers Liability Insurance £10,000,000, Professional Indemnity £2,000,000.

4Technical and/or professional ability

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.

4.2

4.3Please list and if applicable provide a copy of your policies relevant to the provision of the service.

5Equal Opportunities

Is 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

5.1In the last three years, has any finding of unlawful racial discrimination been made against your organisation by any court or industrial tribunal?

Yes/No

5.2In 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

5.3Do 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

  1. Health & Safety Policy & Other Issues

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.

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.

6.3Does your company comply with the Health & Safety at Work Act 1974 as amended?

Yes / No

6.4Please confirm that your company agrees to co-operate with Swale Borough Council , 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

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

  1. Other Issues
  2. Has 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 so, please provide details.

8.Staff Experience

8.1Provide details of the relevant staff resources within your company/organisation and subcontractors suitable for delivering the services, including details of their location, number, level and range of relevant experience.

8.2.1Provide details of staff turnover as a percentage of workforce in the last 3 years. How would you ensure that sufficient numbers of suitable staff were available throughout the life of a contract?

9DO NOT USE

10Statement Relating to Good Standing

The statement relating to good standing contained in Appendix A (below) must be signed and returned with this document.

Declaration

I am authorised by the Tendering Organisation to supply the information given in this PQQ 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 an offence to give or offer any gift or consideration to 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:

11. Selection Criteria –STAGE ONE

Information Supplied / Evaluation method / Rating
Contractor Details / For Information / Not scored
*Q3. Financial Information / *Financial Status and Stability will be checked unsatisfactory submissions may lead to exclusion. / Pass/Fail
*Q3.1. 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. £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
Section3, point 6
Health & Safety / Inclusion to the stage 2 process will be assessed on a pass/fail methodology.
The places in the short list will be allocated to those who receive a full set of ‘Pass’ marks, ‘Fail’ may lead to exclusion. / Pass/Fail
Section3, point 4
Technical and/or professional ability / Pass/Fail
Section 3, point 8
Staff experience / Pass/Fail
Section3, point 5
Equal Opportunities / Pass/Fail
Section 3, point 7
Other Issues / Pass/Fail
The statement relating to good standing contained in Appendix A (below) must be signed and returned with this document / Signed statement relating to good standing Yes/No / Pass/Fail
Pass/Fail

SECTION 4: CONTRACT CONDITIONS

2.1The Tenderer will be required, upon the acceptance of the tender to enter into a Contract through the issue of a Council order. The conditions of contract will be as detailed within Appendix A.

2.2Materials

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.

2.3Workmanship

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

2.4Design

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 like 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 design.

Contract Insertions to Appendix A (clause numbers to selected contract)

2.5Commencement Datemeans the23rd March 2015

2.6Contract Period 9 months

At the Council’s sole and exclusive option the Contract Period may be extended for further periods up to a maximum of 6 months in which case, for the purpose of the Contract, the Contract Period shall be deemed to apply to such extended period.

2.7The relevant Contract Manager / Supervising Officer will be Emma Wiggins

2.8Public Liability Insurance cover£5,000,000

Employers Liability Insurance cover£10,000,000

Professional Indemnity Insurance cover£2,000,000

SECTION 5 -SPECIFICATION

Swale Borough Council is committed to ensuring that economic, environmental and social benefits are secured locally for Swale when commissioning and procuring services.

Social value must be included in your specification by applying all or some of the principles in Table 1.that are applicable to the requirement

Table 1**PROVIDES EXAMPLES TO USE ONLY AND IS NOT EXHAUSTIVE

Economic / Environmental / Social
Numbers of local jobs createdand sustained / Contributingto climate changemitigationtargets / Increasingvolunteering opportunities
Numberof apprentice positions / Championingand using environmentally friendly goods andservices / Enablingcommunity developmentand engagement
Numberof work
placementschemesfor
school ageresidents / Reducingcarbonfootprint
andfood miles / Encouragingsocial
integrationand
community cohesion
(social capital)
Numberof peopletaken
outof ‘outof work’
benefits / Protecting biodiversity / Enhancingand
celebratinglocal culture
andheritage
Numberof training
opportunities / Wasteminimisation,
reuseandrecycling / Contributingto health
improvement programme andaddressinghealth inequalities
Ensuringfair working
conditions andpayment / Reducedpollution
Ensuringethical supply
(e.g.Fair Trade) / Water use minimisation
andenergyefficiency

The assessment of social value shall be included as a separately identifiable and scored component of the ‘quality’ element. This shall comprise at least 20 percent of the quality element. Therefore, given that the cost-quality balance is 40:60, the social value component of the whole assessment exercise will be 12 points.