INVITATION TO TENDER
INSTRUCTIONS TO TENDER
Advocacy
PS/2015/109
1
Contents
1.SUMMARY CONTRACT DETAILS
2.DEFINITIONS
3.INTRODUCTION
4.INSTRUCTIONS TO TENDERERS
4.1NOTIFICATION OF INTENTION TO TENDER
4.2INVITATION TO TENDER
4.3FURTHER INFORMATION
4.4PREPARATION OF TENDERS
4.5SUBMISSION OF TENDERS
4.6GENERAL
4.7TRANSPARENCY AGENDA AND THE PUBLISHING OF CONTRACTS
5.PROCUREMENT TIMETABLE
6.LEGAL ISSUES
6.1THE CONTRACT
6.2TENDERING PROCESS
6.3EQUAL OPPORTUNITIES
6.4FREEDOM OF INFORMATION
6.5EMPLOYEE ISSUES
6.6DISCLOSURE AND BARRING SERVICE FORMERLY (CRB) DISCLOSURE
6.7PUBLIC SERVICES (SOCIAL VALUE) ACT 2012
7.INFORMATION REQUIRED
7.1GENERAL
7.2INFORMATION TO BE PROVIDED
8.TENDER EVALUATION AND AWARD CRITERIA
9.The Evaluation Phases:
9.1Phase 1: Compliance Checks
9.2Phase 2: Evaluation of Tender Responses
9.3Phase 3: Score Review
9.4Phase 4: Final Evaluation Report and Recommendation
9.5Phase 5: Approvals
9.6Technical and Quality question scoring criteria:
10.CLARIFICATION MEETINGS, SITE VISITS AND TENDERER INTERVIEWS
10.1Site Visits
10.2Post-Submission Clarifications
10.3Tenderer Interviews
11.Tender Questionnaire
11.1Notes for Completion
11.2Verification of Information Provided
11.3Consortia arrangements
11.4Confidentiality
11.5Assessment
11.6Scoring System
1.Supplier information
2.Grounds for mandatory exclusion
3.Grounds for discretionary exclusion – Part 1
3.2Conflicts of interest
3.3Taking Account of Bidders’ Past Performance
3.4‘Self-cleaning’
4.Grounds for discretionary exclusion – Part 2
5.Economic and Financial Standing
6.Technical and Professional Ability
7.Additional Questionnaire modules
7.1A – Project specific questions to assess Technical and Professional Ability
7.2B – Insurance
7.3C – Compliance with equality legislation
7.4D - Environmental Management
7.5E - Health and Safety
8.Declaration
Appendices
APPENDIX 1 - PRICING SCHEDULE
APPENDIX 2 – FORM OF TENDER
APPENDIX 3 - ANTI-COLLUSION CERTIFICATE
APPENDIX 4 - ANTI-CANVASSING CERTIFICATE
APPENDIX 5 – SPECIFICATION
APPENDIX 6 – TERMS AND CONDITIONS
APPENDIX 7 – TUPE INFORMATION
APPENDIX 8 – CONFIDENTIALITY AGREEMENT6
1
IMPORTANT NOTICE
This Invitation to Tender (“ITT”) has been prepared by Thurrock Council for use by those Tendering for the Contract (“Tenderers”), their professional advisers, and other parties essential to preparing the Tender for the Contract and for no other purpose.
The information contained in this ITT and all subsequent information and documents sent to you by Thurrock Council pursuant to this procurement must be treated as confidential and must not be disclosed to any third party. If you are unable to comply with this requirement you must destroy this ITT and all associated documents immediately and not retain any electronic or paper copies.
No warranties or opinions as to the accuracy or completeness of any information provided in, or which accompanies, this ITT or otherwise or as to the powers and/or status of Thurrock Council shall be given at any stage by Thurrock Council and any liability for any inaccuracy or incompleteness is therefore expressly disclaimed by Thurrock Council.
Any person considering making a decision to enter into contractual relationships with Thurrock Council or any other person on the basis of the information provided by or on behalf of Thurrock Council must make their own investigations and form their own opinion in relation to the status, completeness and accuracy of all such information and in relation to the status and/or powers of Thurrock Council.
Your attention is drawn to the fact that, by issuing this ITT, Thurrock Council is in no way committed to awarding any contract and reserves the right to cancel the Tendering process at any point. Thurrock Council shall not be liable for any costs resulting from any cancellation of this Tendering process nor for any other costs incurred by those expressing an interest in or Tendering for this contract opportunity.
You are deemed to fully understand the process that Thurrock Council is required to follow under relevant European and UK legislation, particularly in relation to the Public Contracts Regulations 2015.
- SUMMARY CONTRACT DETAILS
ITEM / CONTRACT DETAILS
Contract Description: / Advocacy services
Lots /
- Care Act Advocacy service
- IMCA service
Period of Contract: / Three yearswith the option to extend for a further one year
Contact Point: / Any queries should be addressed to Kiri Mason using the ‘Message Centre’ facility on the Delta E-Tendering system.
Date and time for Tender return: / 12 noon on 16th March 2016
- DEFINITIONS
“Authorised Officer” / a term used to refer to the Responsible Officer.
“Closing Date” / the closing date for the submission of Tenders being 12 noon 16thMarch 2016
“Contract” / the contract to be entered into by Thurrock Council with the Contractor in relation to the Project consists of the terms set out in Appendix 6of this ITT;
“Contractor(s)” / the firm(s) selected to enter into the Contract with the Council;
“Contract Period” / the duration of the Contract;
“eTendering” / an electronic procurement process management tool that automates the stages of Tender workflow.
“ITT” / this Invitation to Tender including all appendices;
“Most Economically Advantageous Tender (MEAT)” / the Tender which Thurrock Council has evaluated as representing the best all round value taking into account factors other than or in addition to price such as quality, technical merit and running costs.
“Project” / the tender process for the provision of Advocacy services;
“Services” / the services to be provided by the Contractor under the Contract;
“Standstill Period” / a period of at least 10 calendar days between the date notification is sent to candidates that Thurrock Council intends to award the Contract and the date it is proposed to enter into the Contract;
“Tender(s)” / the proposal(s) submitted by the Tenderer(s) in response to this ITT;
“Public Services (Social Value) Act 2012” / The Public Services (Social Value) Act 2012 came into effect on 31 January 2013 and places a duty upon the council, its commissioners and its procurers to consider, at pre-procurement stage, how what is to be procured may improve the social, economic and environmental wellbeing of the Council’s area and how they might secure any such improvement.
- INTRODUCTION
Please refer to the Thurrock Council’s website for further details on the Council.
Thurrock Council is seeking to appoint a provider of a wide range of advocacy servicesincluding citizen and formal/professional advocacy to clients and empower clients to embrace and be involved in peer advocacy and self-advocacy.
The Council is operating this procurement under the “Light Touch Regime” for Social and Other Specific Services, as set out in the Public Contracts Regulations 2015, at Section 7 (Regulations 74 to 77) and Schedule 3.
- INSTRUCTIONS TO TENDERERS
4.1NOTIFICATION OF INTENTION TO TENDER
Please email via the Delta e Tendering Solution to confirm whether you intend to submit a Tender. You should also confirm your lead contact details if you have not already done so.
4.2INVITATION TO TENDER
Please read this ITT carefully and ensure that you are fully familiar with the nature and extent of the obligations on you if your Tender is successful.
All documents requiring a signature must be signed as follows:
a)Where the Tenderer is a company, by two directors or by a director and the secretary of the company, provided that such persons are authorised for this role; or
b)Where the Tenderer is an individual, by that individual; or
c)Where the Tenderer is a partnership, by at least two duly authorised partners
Only one Tender is permitted per Tenderer. If a Tenderer submits more than one Tender, only the one with the latest time and date of receipt noted will be evaluated, any other Tenders will be disregarded.Please note that this does not relate to the submission of separate Tender Responses if you are applying for more than one lot.
If you are applying for more than one lot, then you must submit a separate Tender for each lot that you are applying for, marking each Tender clearly to indicate which lot it relates to. If you wish any aspect of your Tender to be evaluated for more than one lot this must be clearly stated, as the Tenders for each lot will be evaluated separately.
4.3FURTHER INFORMATION
If you have any questions or require any clarification please email using the Message Centre facility on the Delta E-Tendering system. Emails received outside of the Message Centre may be disregarded and telephone enquiries will NOT be accepted.
Any questions must be received no later than close of business on9thMarch 2016. Questions received after this time will NOT be answered.
Please note that any questions submitted and Thurrock Council’s responses may, at Thurrock Council’s discretion, be circulated to all Tenderers, subject to Thurrock Council accepting an assertion made by a Tenderer at the time of question submission that the subject matter of a question relates specifically to a Tenderer’s response and is therefore confidential.
Thurrock Council reserves the right to issue supplementary documentation at any time during the Tendering process to clarify or amend any aspect of the ITT or any of the documents referred to in the ITT. All such further documentation shall be deemed to form part of the ITT and shall supersede any part of the ITT to the extent indicated.
4.4PREPARATION OF TENDERS
All documents submitted as part of your Tender must be written in English or a full English language translation provided at no cost to Thurrock Council. Only the translated English version will be evaluated.
You must ensure that your Tender refers to the requirements set out in Section 7 of this ITT.Please DO NOT provide additional attachments or documents where not requested to do so. These will not be read and will not be taken into account in the evaluation of your Tender
Thurrock Council requiresALL the following documents to be submitted as a minimum for your Tender to be accepted:
A signed and completed;
a)Form of Tender (Appendix 2); and
b)Certificate of Non-Collusive Tendering (Appendix 3); and
c)Certificate of Non-Canvassing (Appendix 4);
d)Completion of the Tenderer Questionnaire;
e)Tender Response including the information required in Section 7;
f)Completed Pricing Schedule (Appendix 1);
g)Confirmation that your circumstances and information as certified in your submission to the Pre-Qualification Questionnaire have not changed.
Failure to provide ALL of the information required or to meet the requirements of this document may result in your TenderNOT being considered by Thurrock Council due to it being a non-compliant Tender.
4.5SUBMISSION OF TENDERS
Completed Tenders must be returned online via the Delta E-Tendering Solution.Please do not send hard copies as these will no longer be accepted.
Failure to return your Tender in the correct manner may result in your exclusion from consideration for the Contract.
The Closing Date for submission of a Tender is 12 noon on 16th March 2016. Thurrock Council reserves the right to reject Tenders received after the Closing Date.
Fax, postal and email submissions will not be considered.
4.6GENERAL
Thurrock Council may, at its absolute discretion, extend the Tendering period and postpone or change the Closing Date, for any reason.
YourTender, and the prices quoted therein, must remain valid for a minimum period of 90 days from the Closing Date. Please specify an expiry date for your Tender in your Tender Response.
Tenderers must obtain for themselves, at their own expense, all information necessary for the preparation of their Tenders and must satisfy themselves that they fully understand the requirements of the Contract.
In accordance with Thurrock Council’s Contract Procedure Rules and the Public Contracts Regulations 2015 Regulation (67) Thurrock Council seeks to award the contract on the basis of the Most Economically Advantageous Tender.
No officer, employee, agent of or any consultant engaged by Thurrock Council has the authority to give any undertaking, guarantee or warranty or make any representation (express or implied) in relation to this ITT or any other matter relating to the Contract.
Prior to the award of the Contract no publicity by Tenderers regarding this Tendering process or the Contract is permitted. Once the Contract has been awarded, in accordance with the Contract, no publicity is permitted without the prior written consent of Thurrock Council.
No alteration to the successful Tenderer’s position post award of the Contract will be accepted, unless this is due to external factors beyond the control of the Tenderer, is acceptable to Thurrock Council and is in accordance with any applicable legislation.
Thurrock Council reserves the right to disqualify any Tenderer whose circumstances change to the extent that the Tenderer ceases to meet the qualification criteria in the Pre-Qualification Questionnaire, or who makes material changes to any aspect of its Tender, unless substantial justification can be provided to the satisfaction of Thurrock Council and such change is in accordance with procurement law.
Subject to Thurrock Council’s legal and regulatory obligations from time to time and Freedom of Information See section 6.5 of this ITT), Thurrock Council will respect the confidentiality of each Tenderer’s work and will not disclose any aspect of their submission to another Tenderer, save that Thurrock Council reserves the right to inform all Tenderers in identical terms if an issue of general application to the Tendering process emerges by way of clarification or otherwise.
4.7TRANSPARENCY AGENDA AND THE PUBLISHING OF CONTRACTS
The Tenderer in submitting its Tender will agree that it will assist, if required, the Council in complying with its obligations under the government's transparency agenda, which requires the Council to publish the Tender Questionnaire and the ITT and the text of the contract documentation to be signed with the winning Tenderer (the "Agreement"), and the Tenderer gives its consent for the Council to publish the text of the Agreement, and any schedules to the Agreement in its entirety, including from time to time agreed changes to the Agreement, to the general public in whatever form the Council decides.
The Tenderer in submitting its Tender will acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the Freedom of Information Act (“the Act”) the text of the Agreement, and any schedules to the Agreement, is not confidential information. The Council shall be responsible for determining in its absolute discretion whether any part of the Agreement or its schedules is exempt from disclosure in accordance with the provisions of the Act.
- PROCUREMENT TIMETABLE
The proposed timetable below is subject to change and is provided by way of guidance only. Thurrock Council reserves the right to amend this timetable at its absolute discretion at any time during the Tendering process.
KEY EVENT / DATEOJEU Notice Publication / 15th February 2016
Closing date for Tender submissions / 16th March 2016
Interviews/User Engagement / 11th- 22nd April 2016
Notification of result of evaluation / 3rd May 2016
Standstill period / 4th – 13th May 2016
Expected date of award of Contract / 16th May 2016
Contract Commencement / 1st July 2016
- LEGAL ISSUES
6.1THE CONTRACT
The contractual terms required by Thurrock Council as attached to this ITT.
The duration of the Contract isthree yearsplus the option to extend for one further year.
6.2TENDERING PROCESS
This Tendering process and the subsequent Contract to be entered into will be subject to English law and the exclusive jurisdiction of the English Courts.
This procurement complies with the Open procedure under EU procurement rules and Thurrock Council cannot enter into any negotiations on the Contract.
Contract award will be conditional on the Contract being approved in accordance with Thurrock Council’s internal procedures and Thurrock Council being generally able to proceed.
Thurrock Council will observe the statutory Standstill Period between the date notifications are sent to candidates that Thurrock Council intends to award the Contract and the date it is proposed to enter into the Contract.
After confirmation of Contract award to the successful Tenderer(s) and until the execution of the Contract, the Tender (as accepted by Thurrock Council) will form a binding contract between Thurrock Council and the successful Tenderer(s) upon the terms and conditions of the Contract.
6.3EQUAL OPPORTUNITIES
Thurrock Council is an equal opportunities employer and has various statutory duties to ensure that its services are delivered in a way that promotes equality and eliminates discrimination; in particular Thurrock Council must adhere to equality legislation.
Thurrock Council also expects that the successful Tenderer will promote equality, comply fully with all UK equality legislation or European equivalent, have an equalities policy and be an equal opportunities employer at all times during the Contract.
6.4FREEDOM OF INFORMATION
In addition to Thurrock Council’s commitment to public disclosure, transparency and accountable government, Tenderers should note that Thurrock Council is subject to the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”). This means that, subject to certain exemptions, an individual may request access to any information held by Thurrock Council and Thurrock Council may disclose the information sought. This may include information on a Tender or details relating to the procurement process.
If you consider that any specific information supplied by you is either commercially sensitive or confidential in nature, please clearly state this in your Tender and mark it as such. You must also give us the reasons for the sensitivity or confidentiality. Block marking of whole Tender submissions is not acceptable. Please note, however, that Thurrock Council may still be required to disclose such information in accordance with FOIA or EIR.
Thurrock Council will endeavour to consult with you prior to making its decision on whether to disclose under FOIA or EIR information you have identified as commercially sensitive or confidential.
If you are unsure as to Thurrock Council’s obligations under FOIA and EIR regarding the disclosure of commercially sensitive or confidential information please seek independent legal advice.
6.5EMPLOYEE ISSUES
Transfer of Undertakings (Protection of Employment) Regulations 2006
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations 2006) came into force on 6 April 2006 and apply to all transfers taking place on or after 6 April 2006.
Under the TUPE Regulations 2006, regulation 11 the transferor is obliged to notify to the transferee in writing the ‘employee liability information’ of any employee who is assigned to the organised grouping of resources or employees that is the subject of the relevant transfer.
The information that must be given is: