Appendix 3
Declaration A
TUPE Confidentiality Declaration
In consideration of the Authority endeavoring to provide, without warranty as to the accuracy or completeness of all or any such information, the information relating to staff likely to transfer were the Transfer of Undertakings Protection of Employment Regulations 2006 and/or the European Acquired Rights Directive 2001/23 EC to apply from an incumbent Contractor, and which is reasonably required by us in order to submit a tender, we hereby agree that we will keep strictly confidential all information supplied to us and will not disclose the same or any part thereof to any other person, organisation or company and shall not make any use of such information or any part thereof for any purpose other than specifically authorised by the Authority in writing.
We further agree that access to all such confidential information will be restricted only to those reasonably required to know it and that, in any event, our employees, agents, consultants and sub-contractors (if any) (without prejudice to any permission required from the Authority thereto) are bound to us to hold such information in confidence and to use such information only for the purposes of submitting our tender and (if successful) performance of a resultant contract.
We hereby agree to indemnify the Authority in respect of all costs, claims, demands, actions or losses (including legal costs) arising from any breach by us of this agreement or breach of Confidentiality of such information by any said employees, agents, consultants or subcontractors.
Signed for and on behalf of the tendering Company:
Signed:______
Name in full:
Position/status within the tendering Company:
Tendering Company name:
Tendering Company address:
Date:
*This undertaking must be signed by the person who will sign the tender submission and who is authorised to bind the tendering Company.
Declaration B
The following declaration is to be completed by the applicant.
When you have completed the invitation to tender, ensure that;
(a)You have answered all questions;
(b)You have enclosed all documents requested; and
(c)You have read and signed the declaration below.
I/We certify that the information supplied (whether initially as part of any PQQ or subsequently under the obligation to inform the West Midlands Fire and Rescue Authority (“the Authority”) of any change to that information) is to the best of my knowledge accurate and that I accept the conditions and undertaking requested in the tender. I/We understand and accept that false information could result in rejection of our application.
I/We also understand that it is a criminal offence, punishable by imprisonment, to give or offer any gift or consideration whatsoever as an inducement or reward to any servant of a public body. I/We also understand that any such action will empower the Authority to cancel any contract currently in force and will, result in the rejection of our tender
Having examined the draft Contract, Specification and tender documents for the carrying out of the above mentioned services, I/we offer to carry out and complete the whole of the said services in conformity with these documents for such sum as may be ascertained in accordance with the said draft Contract.
I/We acknowledge that this tender upon acceptance by the Authority constitutes a binding contract until such time as the Authority and the chosen Service Provider enter into the Contract, the draft form of which is appended to this ITT.
I/We undertake to carry out and complete the whole of the services comprised in the proposed Contract and specification.
I/We agree that this tender shall remain open to be accepted and shall not be withdrawn for a period of 90 days from the receipt of this tender.
I/We understand that you are not bound to accept the lowest or any tender you may receive.
NB.This undertaking is to be signed by a partner or authorised representatives in their own name on behalf of your Company.
Signed for and on behalf of the Company:
Signed:______
Name in full:
Position/status within the Company:
Company name:
Company address:
Date:
Declaration C
Collusive Tendering Certificate
I/We certify that I/we have not done and I/we undertake that I/we will not do at any time before the hour and date specified for the return of this tender any of the following acts in relation to this tender:
a)Communicate to a person other than the person calling for those tenders the amount or approximate amount of the proposed tender except where the disclosure is in confidence and is necessary to obtain an insurance premium quotation required for the preparation of the tender.
b)Entering into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted or as to any minimum price, rate or fee to be included in this tender.
c)Offering or paying or giving or agreeing to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender for the said work any act or thing of the sort described above.
In this certificate the word "person" includes any persons and body or association, corporate or unincorporated, and "any agreement or arrangement" includes any such transaction, formal or informal, and whether legally binding or not.
Signed for and on behalf of the Company:
Signed:______
Name in full:
Position/status within the Company:
Company name:
Company address:
Date:
Declaration D
Statement that the Tenderer has not Canvassed Officers or employees of the WestMidlands Fire and Rescue Authority (“the Authority”)
I/We certify that I/we have not canvassed or solicited any officer or employee of the Authority in connection with the award of this tender or any other tender or proposed tender for the supply of services and that no person employed by me/us or acting on my/our behalf has done any such act.
I/We further hereby undertake that I/we will not in the future canvass or solicit any officer or employee of the Authority in connection with the award of this tender or any other tender or proposed tender for the services and that no person employed by me/us or acting on my/our behalf will do any such act.
I/We agree that the Authority may disclose the information that I/we have submitted to the Authority during this procurement more widely to the extent permitted by the Public Contracts Regulations 2015 with other public sector contracting authorities for the purpose of ensuring effective public sector procurement processes, including the benchmarking of costs against other organisations to ensure value for money is being obtained.
Signed for and on behalf of the Company:
Signed:______
Name in full:
Position/status within the Company:
Signed:______
Name in full:
Position/status within the Company:
Company name:
Company address:
Date: