Table of Contents - New College Stamford to Te… · Web viewThese Instructions and Conditions...

Invitation to Tender for College Transport Services

Commercial in Confidence

Tender Reference: STS1617

Closing Date: 23rd May 2016

http://www.stamford.ac.uk/

Table of ContentsPages

1. Introduction 32. Instructions to Tenderers 5 -113. Submission of tender 11 – 154. Freedom of Information Act 2000 155. Schedule A – Specification of Requirements 16

Part Two 176. Schedule G – Minimum Levels of Suitability Questionnaire 18 - 337. Schedule H – Form of Tender and Certificates 34 - 378. Schedule I – Tender Application Form 38 - 479. Schedule J – Qualification of Offer 4810. Appendix A – Reference Questionnaire 51 - 53

Insert Name of Tenderer of 49


1 Introduction

1.1 New College Stamford’s requires transport providers to operate its transport services on the routes as described in this tender document effective from September 2016. This Invitation To Tender has been offered to suppliers that have expressed an interest in these services following publication of a notice to tender via OJEU and the in-tend system.

1.2 You are therefore invited to submit a Tender for this provision. Enclosed within this Invitation to Tender are the following documents:Part 1: To be retained by the supplierInstructions to TenderersSchedule A: Specification of RequirementPart 2: To be returned to the CollegeSchedule G: Minimum Levels of SuitabilitySchedule H: Form of Tender and CertificatesSchedule I: Tender Application FormSchedule J: Qualification of Offer

1.3 Please ensure that you read this document, the specification of requirements and any appendices carefully before completing the tender forms.

1.4 Your submission must be returned on this document via post to: Director of IT and Resources, New College Stamford, Drift Road, Stamford, Lincs PE91XA

The sealed envelope should contain two paper copies and be marked Transport Tender and received no later than 12 noon on 23rd May.

We look forward to receiving your completed submission. Yours sincerely,

Rob CottrellDirector of IT and Resources



PART 1

TO BE RETAINED BY THE SUPPLIER



2 Instructions to Tenderers

2.1 Instructions and Conditions

2.1.1 These Instructions and Conditions apply to the tendering process for this contract to ensure that all tenderers are treated equally and fairly and to provide for compliance with other relevant legal requirements. Failure to comply with these Instructions and Conditions may invalidate your tender.

2.2 Completion of Tender

2.2.1 Applicant’s name to be inserted in the footer of all tender submission documents.

2.2.2 All answers to be completed in the spaces provided where requested as concisely and accurately as possible.

2.2.3 Any supporting documents that are requested should clearly state the tenderer’s name, the number of the question to which the enclosure refers, and inserted after the question to which they relate or, if necessary, appendixed at the end of your submission.

2.2.4 The College reserves the right not to accept or consider any incomplete submission. This includes questions that are not answered or where supporting documentation is omitted

2.2.5 The questions must be answered in the order asked. If it is in any way altered or edited, the subsequent submission may be deemed inadmissible.

2.2.6 Where a question is not relevant to the responder’s organisation, this should be indicated ‘N/A’, but should always include an explanation.

2.2.7 Should there be any doubt or confusion as to the meaning of any provision contained in the tender documentation or you have any queries or concerns with the tender documentation including the terms and conditions of contract, you should obtain clarification prior to the submission of your tender. All tenderers will be informed of any points of clarification and the College’s response. The identity of the tenderer requesting clarification will not be disclosed.

2.2.8 Failure to complete the Schedule of Prices correctly may result in the tender being rejected by the College.



2.2.9 Your tender return should be returned to the College as requested and comprises the following documents:

Part 2: To be returned to the CollegeSchedule G: Minimum Levels of SuitabilitySchedule H: Form of Tender and CertificatesSchedule I: Tender Application FormSchedule J: Qualification of Offer

2.2.10 Schedule G – Minimum Levels of Suitability

You are required to complete the Minimum Levels of Suitability Questionnaire to confirm that you meet the minimum mandatory requirements to deliver the service.

2.2.11 Schedule H - Form of Tender and Certificates

In the Form of Tender and Certificates you are required to confirm that you are not aware of any conflict of interest or any circumstances that could give rise to a conflict of interest in the performance of the proposed contract. Complete and sign.

2.2.12 Schedule I – Tender Application Form

Complete by inserting all of the detail requested, your answers should relate only to the provision of this service and method of recompense set out in this document.

Where additional information is requested or you have additional information to support your tender it should be attached in the specified format.

The prices you quote should exclude VAT.

2.2.13 Schedule J - Qualification of Offer

Include here details of any areas where you will not be able to comply with this Invitation to Tender. Qualifications should only be made if you cannot comply with the requirements of the contract at any price.

2.2.14 If your tender is qualified we reserve the right to reject it in total.

2.3 Conditions of Tender Submission

2.3.1 Contents of the TenderThe tender is to be made strictly in accordance with the requirements of this document which, together with any appendices that are issued, are together referred to as the Invitation To Tender.



2.3.2 Enquiries concerning the Tender

a) Any query in connection with this Tender must be submitted via email to Rob Cottrell at [email protected].

b) All questions and answers received during the tender period will be circulated anonymously to all interested parties.

c) On no account before the Tender Date is the tenderer to contact or communicate with any other person involved in work concerning the tender unless the College redirects the enquiry.

2.3.3 Independent TenderBy submission of a tender, the tenderer warrants that:

(a) The prices in the tender have been arrived at independently, without consultation, communication, agreement or understanding for the purpose of restricting competition, as to any matter relating to such prices, with any other tenderer or with any competitor.

(b) Unless otherwise required by law, the prices which have been quoted in the tender have not knowingly been disclosed by the tenderer, directly or indirectly, to any other tenderer or competitor, nor will they be so disclosed.

(c) No attempt has been made or will be made by the tenderer to induce any other person or firm to submit or not to submit a tender for the purpose of restricting competition.

2.3.4 Modification by the College Any advice of a modification to this Invitation To Tender shall be issued at least seven days before the Tender Date and shall be issued as an addendum to, and shall be deemed to constitute part of the Tender. If necessary, the College shall revise the Tender Date in order to comply with this requirement. Except under exceptional circumstances no extension of time and date by which the tender must be submitted will be granted.

2.3.5 Delivery of TenderFull details of the documents to be returned are given in this Tender pack. These documents shall together comprise the "Tender". All Tender submissions must be submitted via post. Please refer to section 1.4.

2.3.6 Tender Return DateThe Tender must be despatched in the manner described in section 3 and delivered no later than, 23rd May at 12 noon this date being the Tender Return Date.


mailto:[email protected]


2.4 Tender Process

2.4.1 These instructions are designed to ensure that all tenders are given equal and fair consideration. It is important therefore that you provide all the information asked for in the format and order specified. Failure to do so may result in your tender being excluded.

2.4.2 The purpose of the tender is to collect information in a structured format to enable the College to evaluate the tender submissions and identify the one(s) that will be selected to win the contracts.

2.4.3 By completing this document, the person signing it, is confirming that the information provided is correct, to the best of their knowledge, and that they are authorised to complete this document on behalf of their organisation.

2.4.4 This document is being made available on the condition that the information contained within it is used solely in connection with the competitive process for the College Transport Service procurement and for no other purpose.

2.4.5 The information contained herein must not be copied, reproduced, distributed or passed to any other person at any time, unless explicitly agreed in writing the College.

2.4.6 Whilst every endeavour has been made to give Tenderers an accurate description of the requirement, Tenderers should form their own conclusions about the methods and resources needed to meet those requirements.

2.4.7 Neither the College nor any of its advisers accept any liability or responsibility for the adequacy, accuracy or completeness of any information or opinions stated in this document. No representation or warranty, express or implied is or will be given by the College or by any of its representatives, employees, agents or advisers with respect to the information or opinions contained in the document or on which it is based. Any liability for such matters is expressly disclaimed.

2.4.8 The agreement and subsequent contract will be subject to the College general conditions of contract and also to any special conditions of contract which may be included within the tender document. Where the standard conditions are inconsistent with the special conditions, the special conditions will prevail.

2.4.9 Compliance with all relevant legislation is required both in the contract award procedure and during the term of any resultant contract.

2.4.10 The contract will commence on 1st September 2016 being the commencement date referred to in the contract conditions and will operate for an initial period of three years (subject to satisfactory performance and the outcome of periodic reviews) with the option to extend for two further periods of one year (i.e. five years in total, subject to satisfactory performance).



2.4.11 The College does not bind itself to accept the lowest or any offer, and reserves the right to accept tenders in whole or in part.

2.4.12 The College reserves the right to cancel the entire or parts of the tender, without such an action conferring any right to compensation on the Tenderers.

2.4.13 Only the information contained within this Invitation To Tender document, or otherwise communicated in writing to tenderers with direct reference to this tender should be considered by tenderers when making their offer.

2.4.14 The College shall not be responsible for the payment of any expenses incurred by any firm in the preparation and submission of tenders.

2.4.15 The College’s purchasing strategy is designed to promote fair and open competition, constructive co-operation and to achieve continuing improvement through value for money based on whole life costs and quality. This also includes environmental issues such as running costs, recyclability and cost of disposal.

2.4.16 A submitted tender is an irrevocable offer by the tenderer and the tenderer separately undertakes with the College that the tender will remain open for acceptance by the College for a period of 3 calendar months calculated from the day following the closing date for receipt of tenders.

2.4.17 Only Tenderers that state acceptance off the College’s terms and conditions for the basis of any contract will be considered.

2.4.18 Tenders shall only be submitted on the basis that they are bona fide competitive tenders. It is therefore agreed that the College shall have the power to cancel the contract and to recover from the tenderer the amount of any loss arising from the cancellation if either the tenderer:i) shall have offered or given or agreed to give any officer or member of the staff any gift or consideration of any kind as an inducement or bribe to influence its decision in the tendering procedure. The word "tenderer" for these purposes shall be deemed to include any and al persons employed by the tenderer, or who are purporting to act on the tenderer’s behalf whether the tenderer is aware of their acts or not, orii) shall have communicated to any other person the amount or approximate amount of the proposed tender other than in confidence in order to obtain quotations necessary for the preparation of the tender, or for insurance purposes, oriii) shall have entered into any agreement or arrangement with any person as to the amount of any proposed tender or that person shall refrain from tendering.



2.4.19 The submission of false or incorrect information or declaration(s) will invalidate your tender and, if not identified by the College until after the award of the contract, will be considered a fundamental breach of the contract.

2.4.20 Tenders must be submitted with the official Form of Tender provided with the tender documents. The Form of Tender must be completed in all material respects. Tenders not complying with these requirements may be rejected.

2.4.21 To enable us to assess your organisation's suitability, we require you to provide all of the information requested. Failure to complete the tender documentation in full or to provide any of the documents requested may result in your application being rejected. Rather than leaving answer spaces blank, if the question does not apply to you please write ‘Not applicable’ or ‘N/A’. If you do not have / know the answer please write ‘Not known’ or ‘N/K’.

2.4.22 Tenderers are requested to specify with reasons if any information contained in its tender submission is confidential. The College will use reasonable endeavours to keep such information confidential but does not guarantee to do so if it is obliged to disclose such information pursuant to its duties under the Freedom of Information Act 2000.

2.4.23 In case a tender appears to be abnormally low in relation to the services to be provided, the College will request a clarification in writing and/or explanation concerning its elements. The College reserves the right to exclude a tender, if after a verification process based on the explanations and evidence received it comes to the conclusion that the tender is abnormally low.

2.4.24 The College reserves the right to seek clarification, after tenders have been received, from any tenderer, on any aspect of their tender.

2.4.25 Written acceptance by the College of this tender, (or part of this tender), shall create or constitute an agreement between the College and the Tenderer, expressly incorporating the Form of Tender, the Conditions of Contract, any Special Conditions of Contract, the Specification, the Proposal (where applicable) and any Contract Drawings or similar. If the tender documents require the Contractor to enter into a formal written agreement with the College then unless and until that formal written contract is executed by the College and the tenderer, together these documents shall form the contract.

2.4.26 The College reserves the right to publish details of the successful Contractor and the total contract value.

2.4.27 The College reserves the right to make changes of a minor drafting nature to the contract documentation.

2.4.28 Where reference is made within this tender to any UK standard or legislation and you are not currently subject to UK standards or legislation, you are required to provide details of any equivalent standards or legislation that apply to your organisation. It is the tenderers responsibility to demonstrate that any alternative standards are equivalent to the standards specified



2.4.29 The Tenderer agrees to notify the College and provide additional information if at any stage after submitting the tender any information contained in it becomes no longer true or accurate.

2.4.30 The College reserves the right to retain all and any of the information supplied to it by the Tenderer(s)

2.4.31 The College may at its discretion extend the closing date and time for receipt of tenders by written notice to all tenderers.

2.4.32 Withdrawal of tender. Once a tender has been submitted it may only be withdrawn before the closing date and time by correspondence through the Colleges In-tend system.

2.4.33 Post tender negotiations. Following the receipt of tenders and prior to any acceptance, the College reserves the right to enter into post tender negotiations on the prices tendered. Such negotiations will be held in accordance with European legislation. If no tenders are received for a contract then the College may enter into separate negotiations for a service.

2.4.34 The tender and all accompanying documents are to be in English.

2.4.35 Tender prices shall be in sterling (GB pounds)

3 Submission of Tender

3.1 The College accepts no responsibility for any misunderstanding of these instructions.

3.2 The College will only accept documents submitted via post, refer to details in section 1.4.

3.3 A submission of tender is deemed for all purposes to be the true and legal version, in writing, duly authorised and duly executed by the tenderer and intended to have binding legal effect.

3.4 Tenders submitted via post must be received in full prior to the Tender Return date.



3.5 Tender Timescales

Date Action

19th April 2016 Publish ITT via OJEU and In-Tend

16th May 2016 Deadline for requests for clarification

23rd May 2016 Deadline for receipt of tenders.Tenders to be submitted Via post.Late responses will not be accepted.

7th June 2016 Supplier Interviews, if applicable

14th June 2016 Contract Awarded - Standstill period begins

1st September 2016 Contract Start Date



3.6 Tender CriteriaWhen considering tenders the following criteria will be applied:

Minimum Levels of Suitability: The Minimum Levels of Suitability Questionnaire in Schedule G must be completed in full and with satisfactory answers to progress to the tender award stage. Each section will be scored on a Pass / Fail basis. The table below provides guidance on the responses required to achieve a Pass mark.

Section Pass Mark Criteria

1. Supplier Information All fields completed as required.

Appropriate licensing and registration held

2. Grounds for Mandatory Exclusion

Negative response to all questions or satisfactory explanation where requested

3. Grounds for Discretionary Exclusion


4. Economic & Financial Standing

Copies of Financial Accounts submitted

5a. Technical & Professional Ability - Experience

Demonstration of existing business activities and expertise relevant to the nature of this contract.Receipt of satisfactory references or satisfactory explanation of why these cannot be provided.

5b. Technical & Professional Ability - Safeguarding

Positive response to all questions or satisfactory explanation where requested

6. Insurance £5 Million Public Liability, £10 Million Employer Liability insurance held or willingness to purchase.Motor insurance held

7. Diversity and Equality Negative response to all questions or satisfactory explanation where requested

8. Environmental Management


9. Health and Safety Health and Safety policy compliant with legislative requirements.No or satisfactory explanation in response to 9.2 and/or 9.3.

Those tenderers who fail the minimum levels of suitability will not progress to the tender award stage and their Tender Application Form will not be evaluated.



Tender Award Stage: Those Tenderers who pass the minimum levels of suitability stage will have their Tender Application Form evaluated against the criteria and weightings detailed below.

Tender Award Criteria Weighting

Quality of service provided 10%

Vehicles/Condition of Coaches 15%

Added Value 5%

Price 70%

TOTAL 100%

Non Price Tender Award Criteria will be scored as follows.

Note: This score will be applied to all routes for which the Tenderer has submitted a bid price.

Score Given Description

5 Significantly exceeds the minimum requirementsDemonstrates a clear understanding of issues/questions and expands on the response sought

4 Meets the requirementsDemonstrates an understanding of issues/questions and some thought in framing the response

3 Meets the requirementsProvided a standard response with no attempt to customiseMinor reservations

2 Does not meet requirements but may be adaptableResponse is weak and does not fully address the issues

1 Is insufficient or irrelevant and requires evaluator to make assumptions.Does not answer the question / issueReservations

0 Is not present or no attempt has been made to address the question.



Contract Pricing will be scored as follows.

Note a score will be calculated for each route for which the Tenderer has submitted a bid. The College requires the Contractor to provide costs for the three year contract at a daily rate. Evaluation of the pricing information will be on the basis of the overall price with 70% allocated to the lowest price to specification proposal. Other proposals will be scored as follows

Available mark (70%) * Lowest priceTenderer’s price

All costing information must be supported with precise detail on its make-up. This detail is required in order to enable any adjustment necessary during the contract period to be made in a fair and equitable basis.

The College reserve the right to ask clarification questions of the suppliers at the tender award stage in order to better understand the answers given and explore the validity of them. The answers to these questions will be used in assessing the bid in line with the scores and weightings listed above.

4 Freedom of Information Act 2000

The College is committed to meeting its legal responsibilities under the Freedom of Information Act 2000. Accordingly, all information submitted to the College, as public body, may need to be disclosed by the College in response to a request under the Act. We may also decide to include certain information in the publication scheme which we maintain under the Act. If you consider that any of the information included in your tender is commercially sensitive, please identify it and explain (in broad terms) what harm may result from disclosure if a request is received, and the time period applicable to that sensitivity. You should be aware that, even where you have indicated that information is commercially sensitive, we may be required to disclose it under the Act if a request is received. Please also note that the receipt of any material marked ‘confidential’ or equivalent by the College should not be taken to mean that the College accepts any duty of confidence by virtue of that marking. If a request is received, we may also be required to disclose details of unsuccessful tenders.



Schedule ASpecification of Requirements

(College Transport Services)



PART TWO



Schedule G

Minimum Levels of Suitability Questionnaire

1.1 Supplier details AnswerFull name of the Supplier completing the Tender

Registered company address

Registered company number

Registered charity number

Registered VAT number

Name of immediate parent company

Name of ultimate parent company

Please mark ‘X’ in the relevant box to indicate your trading status

i) a public limited company

Yes▢

ii) a limited company

Yes▢

iii) a limited liability partnership

Yes▢

iv) other partnership Yes▢

v) sole trader Yes▢

vi) other (please specify)

Yes▢

Please mark ‘X’ in the relevant boxes to indicate whether any of the following classifications apply to you

i)Voluntary, Community and Social Enterprise (VCSE)

Yes▢

ii) Small or Medium Enterprise (SME) 1

Yes▢

1 See EU definition of SME: http://ec.europa.eu/enterprise/policies/sme/facts-figures-analysis/sme-definition/



iii) Sheltered workshop

Yes▢

iv) Public service mutual

Yes▢

1.2 Bidding model

Please mark ‘X’ in the relevant box to indicate whether you are;

a) Bidding as a Prime Contractor and will deliver 100% of the key contract deliverables yourself

Yes▢

b) Bidding as a Prime Contractor and will use third parties to deliver some of the services

If yes, please provide details of your proposed bidding model that includes members of the supply chain, the percentage of work being delivered by each sub-contractor and the key contract deliverables each sub-contractor will be responsible for.

Yes▢

c) Bidding as Prime Contractor but will operate as a Managing Agent and will use third parties to deliver all of the services

If yes, please provide details of your proposed bidding model that includes members of the supply chain, the percentage of work being delivered by each sub-contractor and the key contract deliverables each sub-contractor will be responsible for.

Yes▢

d) Bidding as a consortium but not proposing to create a new legal entity.

If yes, please include details of your consortium in the next column and use a separate Appendix to explain the alternative arrangements i.e. why a new legal entity is not being created.

Please note that the College may require the consortium to assume a specific legal form if awarded the contract, to the extent that it is necessary for the satisfactory performance of the contract.

Yes▢

Consortium members

Lead member



e) Bidding as a consortium and intend to create a Special Purpose Vehicle (SPV).

If yes, please include details of your consortium, current lead member and intended SPV in the next column and provide full details of the bidding model using a separate Appendix.

Yes▢

Consortium membersCurrent lead memberName of Special Purpose Vehicle

1.3 Contact detailsSupplier contact details for enquiries about this Tender

Name

Postal address

Country

Phone

Mobile

E-mail

1.4 Licensing and registration (please mark ‘X’ in the relevant box)

1.4.1 Does your business have a Passenger Vehicle Operator’s Licence of the relevant classification as required by Section 12 of the Public Passenger Vehicles Act 1981, or a permit issued under section 19 of the Transport Act 1985?

Yes▢ No▢

If Yes, please provide copy.



2 - Grounds for mandatory exclusion

You will be excluded from the procurement process if there is evidence of convictions relating to specific criminal offences including, but not limited to, bribery, corruption, conspiracy, terrorism, fraud and money laundering, or if you have been the subject of a binding legal decision which found a breach of legal obligations to pay tax or social security obligations (except where this is disproportionate e.g. only minor amounts involved).

If you have answered “yes” to question 2.2 on the non-payment of taxes or social security contributions, and have not paid or entered into a binding arrangement to pay the full amount, you may still avoid exclusion if only minor tax or social security contributions are unpaid or if you have not yet had time to fulfil your obligations since learning of the exact amount due. If your organisation is in that position please provide details using a separate Appendix. You may contact the College for advice before completing this form.

2.1 Within the past five years, has your organisation (or any member of your proposed consortium, if applicable), Directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences?

Please indicate your answer by marking ‘X’ in the relevant box.

Yes No

(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime;

(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906;

(c) the common law offence of bribery;

(d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010; or section 113 of the Representation of the People Act 1983;

(e) any of the following offences, 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:



(i) the offence of cheating the Revenue;

(ii) the offence of conspiracy to defraud;

(iii) 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;

(iv) 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;

(v) 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;

(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;

(vii)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;

(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or

(ix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act;

(f) any offence listed—

(i) in section 41 of the Counter Terrorism Act 2008; or

(ii) in Schedule 2 to that Act where the court has determined that there is a terrorist connection;

(g) any offence under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by subparagraph (f);

(h) money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002;



(i) 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;

(j) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004;

(k) an offence under section 59A of the Sexual Offences Act 2003;

(l) an offence under section 71 of the Coroners and Justice Act 2009

(m)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

(n) any other offence within the meaning of Article 57(1) of the Public Contracts Directive—

(i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or

(ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland.

Non-payment of taxes2.2 Has it been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which your organisation is established (if outside the UK), that your organisation is in breach of obligations related to the payment of tax or social security contributions?If you have answered Yes to this question, please use a separate Appendix to provide further details. Please also use this Appendix to confirm whether you have paid, or have entered into a binding arrangement with a view to paying, including, where applicable, any accrued interest and/or fines?



3. Grounds for discretionary exclusion – Part 1The College may exclude any Supplier who answers ‘Yes’ in any of the following situations set out in paragraphs (a) to (i);

3.1 Within the past three years, please indicate if any of the following situations have applied, or currently apply, to your organisation.

Please indicate your answer by marking ‘X’ in the

relevant box.Yes No

(a) your organisation has violated applicable obligations referred to in regulation 56 (2) of the Public Contracts Regulations 2015 in the fields of environmental, social and labour law established by EU law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Public Contracts Directive as amended from time to time;

(b) your organisation is bankrupt or is the subject of insolvency or winding-up proceedings, where your assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State;

(c) your organisation is guilty of grave professional misconduct, which renders its integrity questionable;

(d) your organisation has entered into agreements with other economic operators aimed at distorting competition;

(e) your organisation has a conflict of interest within the meaning of regulation 24 of the Public Contracts Regulations 2015 that cannot be effectively remedied by other, less intrusive, measures;

(f) the prior involvement of your organisation in the preparation of the procurement procedure has resulted in a distortion of competition, as referred to in regulation 41, that cannot be remedied by other, less intrusive, measures;

(g) your organisation has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior



contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions;

(h) your organisation—(i) has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or(ii) has withheld such information or is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015; or

(i) your organisation has undertaken to

(aa) unduly influence the decision-making process of the contracting authority, or

(bb) obtain confidential information that may confer upon your organisation undue advantages in the procurement procedure; or

(j) your organisation has negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.

Conflicts of interest

In accordance with question 3.1 (e), the College may exclude the Supplier if there is a conflict of interest which cannot be effectively remedied. The concept of a conflict of interest includes any situation where relevant staff members have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure.

Where there is any indication that a conflict of interest exists or may arise then it is the responsibility of the Supplier to inform the College, detailing the conflict in a separate Appendix. Provided that it has been carried out in a transparent manner, routine pre-market engagement carried out by the College should not represent a conflict of interest for the Supplier.

Taking Account of Bidders’ Past Performance

In accordance with question (g), the College may assess the past performance of a Supplier (through a Certificate of Performance provided by a Customer or other means of evidence). The authority may take into account any failure to discharge obligations under the previous principal relevant contracts of the Supplier completing this Tender. The College may also assess whether specified minimum standards for reliability for such contracts are met.



In addition, the authority may re-assess reliability based on past performance at key stages in the procurement process. Suppliers may also be asked to update the evidence they provide in this section to reflect more recent performance on new or existing contracts (or to confirm that nothing has changed).

‘Self-cleaning’

Any Supplier that answers ‘Yes’ to questions 2.1, 2.2 and 3.1 should provide sufficient evidence, in a separate Appendix, that provides a summary of the circumstances and any remedial action that has taken place subsequently and effectively “self cleans” the situation referred to in that question. The Supplier has to demonstrate it has taken such remedial action, to the satisfaction of the College in each case.

If such evidence is considered by the College (whose decision will be final) as sufficient, the economic operator concerned shall be allowed to continue in the procurement process.

In order for the evidence referred to above to be sufficient, the Supplier shall, as a minimum, prove that it has;

● paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct;

● clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities; and

● taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.

The measures taken by the Supplier shall be evaluated taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the measures are considered by the authority to be insufficient, the Supplier shall be given a statement of the reasons for that decision.



4. Economic and Financial Standing

4.1 Please provide one of the following to demonstrate your economic/financial standing;Please indicate your answer with an ‘X’ in the relevant box.

(a) A copy of the audited accounts for the most recent two years

(b) A statement of the turnover, profit & loss account, current liabilities and assets, and cash flow for the most recent year of trading for this organisation

(c) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

(d) Alternative means of demonstrating financial status if any of the above are not available (e.g. Forecast of turnover for the current year and a statement of funding provided by the owners and/or the bank, charity accruals accounts or an alternative means of demonstrating financial status).

4.2 Where the authority has specified a minimum level of economic and financial standing and/or a minimum financial threshold within the evaluation criteria for this Tender, please self-certify by answering ‘Yes’ or ‘No’ that you meet the requirements set out here.

▢ Yes

▢ No

4.3 (a) Are you are part of a wider group (e.g. a subsidiary of a holding/parent company)?If yes, please provide the name below:

Name of the organisation

Relationship to the Supplier completing the Tender

If yes, please provide Ultimate / parent company accounts if available.

If yes, would the Ultimate / parent company be willing to provide a guarantee if necessary?

If no, would you be able to obtain a guarantee elsewhere (e.g from a bank?)

Yes▢

No▢

Yes▢ No▢

Yes▢ No▢



5a. Technical and Professional Ability - Experience

5 Relevant experience and contract examples

Please provide details of up to three contracts, in any combination from either the public or private sector, that are relevant to the College’s requirement. Contracts for services should have been performed during the past three years. VCSEs may include samples of grant funded work.

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements; if this is not possible (e.g. the consortium is newly formed or a Special Purpose Vehicle will be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member).

Where the Supplier is a Special Purpose Vehicle, or a managing agent not intending to be the main provider of the supplies or services, the information requested should be provided in respect of the principal intended provider(s) or sub-contractor(s) who will deliver the supplies and services.

The named customer contact provided should be prepared to provide written evidence to the authority to confirm the accuracy of the information provided below and provide a satisfactory reference.

Contract 1 Contract 2 Contract 3

5.1 Name of customer organisation

5.2 Point of contact in customer organisation

Position in the organisation

E-mail address

5.3 Contract start date

Contract completion date

Estimated Contract Value

5.4 In no more than 500 words, please provide a brief description of the contract delivered including evidence as to your technical capability in this market.

Contract 1:

Contract 2:



Contract 3:

5.5 If you cannot provide at least one example for questions 5.1 to 5.4, in no more than 500 words please provide an explanation for this e.g. your organisation is a new start-up.

5b. Technical and Professional Ability – Safeguarding

5.6 Does your business have a Disclosure and Barring Service (DBS) / Criminal Records Bureau (CRB) Disclosure Policy and Procedure in place to ensure that ALL staff directly involved in the delivery of this service shall have undergone ‘enhanced’ CRB disclosures in the past 12 months?

▢ Yes

▢ No

5.7 Does your business provide its employees with safeguarding training or, if successful, would your business provide safeguarding training to its employees?

▢ Yes

▢ No

5.8 Do you confirm that if successful, DBS clearance documentation for all staff involved in the delivery of this service will be obtained prior to contract award and maintained throughout the contract period?

▢ Yes

▢ No



6. Insurance

6.1 Please self-certify whether you already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover indicated below:

Employer’s Liability Insurance = £10m Public Liability Insurance = £5mMotor Insurance

Yes▢

No▢

7. Compliance with equality legislation

For organisations working outside of the UK please refer to equivalent legislation in the country that you are located.7.1. In the last three years, has any finding of unlawful discrimination

been made against your organisation by an Employment Tribunal, an Employment Appeal Tribunal or any other court (or in comparable proceedings in any jurisdiction other than the UK)?

Yes▢

No▢

7.2. In the last three years, has your organisation had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK), on grounds of alleged unlawful discrimination?

If you have answered “yes” to one or both of the questions in this module, please provide, as a separate Appendix, a summary of the nature of the investigation and an explanation of the outcome of the investigation to date.

If the investigation upheld the complaint against your organisation, please use the Appendix to explain what action (if any) you have taken to prevent unlawful discrimination from reoccurring.You may be excluded if you are unable to demonstrate to the authority’s satisfaction that appropriate remedial action has been taken to prevent similar unlawful discrimination reoccurring.

Yes▢

No▢

7.3. If you use sub-contractors, do you have processes in place to check whether any of the above circumstances apply to these other organisations?

Yes▢



No▢8. Environmental Management

8.1. Has your organisation been convicted of breaching environmental legislation, or had any notice served upon it, in the last three years by any environmental regulator or authority (including local authority)?

If your answer to this question is “Yes”, please provide details in a separate Appendix of the conviction or notice and details of any remedial action or changes you have made as a result of conviction or notices served.The College will not select bidder(s) that have been prosecuted or served notice under environmental legislation in the last 3 years, unless the authority is satisfied that appropriate remedial action has been taken to prevent future occurrences/breaches.

Yes▢

No▢

8.2. If you use sub-contractors, do you have processes in place to check whether any of these organisations have been convicted or had a notice served upon them for infringement of environmental legislation?

Yes▢

No▢

9. Health and Safety

9.1. Please self-certify that your organisation has a Health and Safety Policy that complies with current legislative requirements.

Yes▢

No▢

9.2. Has your organisation or any of its Directors or Executive Officers been in receipt of enforcement/remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years?

If your answer to this question was “Yes”, please provide details in a separate Appendix of any enforcement/remedial orders served and give details of any remedial action or changes to procedures you have made as a result.

The College will exclude bidder(s) that have been in receipt of enforcement/remedial action orders unless the bidder(s) can demonstrate to the authority’s satisfaction that appropriate remedial action has been taken to prevent future occurrences or

Yes▢

No▢



breaches.

9.3. If you use sub-contractors, do you have processes in place to check whether any of the above circumstances apply to these other organisations?

Yes▢

No▢



Declaration

I declare that to the best of my knowledge the answers submitted to these questions are correct. I understand that the information will be used in the selection process to assess my organisation’s suitability to be invited to participate further in this procurement, and I am signing on behalf of......................... (Insert name of Supplier).

I understand that the College may reject my submission if there is a failure to answer all relevant questions fully or if I provide false/misleading information. I have provided a full list of any Appendices used to provide additional information in response to questions.

I also declare that there is no conflict of interest in relation to the authority’s requirement.

The following appendices form part of our submission;

Section of Minimum Levels of Suitability Questionnaire

Appendix number

Signed…………………………………..

Name (Print)…………………………..

Position…………………………………

Date…………………………………….



Schedule HForm of Tender and Certificates



Form of tenderTo:

New College Stamford (the “College”)

Drift Road

Stamford

Lincs

PE9 1XA Date:……………..

RE: COLLEGE TRANSPORT SERVICES (THE “CONTRACT”)For the Attention of: Director of IT & Resources

Dear Sir

I/We the undersigned, hereby tender and offer to provide the Services more particularly referred to in the Specification of Requirements - College Transports Services supplied to me/us for the purpose of tendering for the provision of the Services and upon the terms thereof.

I/We undertake in the event of acceptance of our Tender to negotiate and execute a contract within 14 working days of such acceptance (or otherwise as agreed with the College) and in the interim provide the Services in accordance with the Specification of Requirements (amended to take account of any agreed variations if applicable) if necessary.

I/We understand that the College reserves the right to accept or refuse this Tender whether it is lower, the same, or higher than any other Tender and may accept more than one Tender. No obligation to procure any Services will arise except in respect of such Services as are actually ordered and delivered under a formally executed agreement.

I/We confirm that the information supplied to you and forming part of this Tender including (for the avoidance of doubt) any information supplied to you as part of my/our initial expression of interest in tendering, was true when made and remains true and accurate in all respects.

I/We confirm and undertake that if any of such information becomes untrue or misleading that I/we shall notify you immediately and update such information as required. Signed by and

For and on behalf of



CERTIFICATE OF NON-COLLUSIVE TENDERING

To:


Drift Road

Stamford

Lincs



The essence of tendering for the Contract is that the College shall receive bona fide competitive tenders from all persons tendering.

In recognition of this principle, I/we certify that this is a bona fide offer, intended to be competitive and that I/we have not fixed or adjusted the amount of the offer in accordance with any agreement or arrangement with any other person (except any sub-contractor identified in this offer).

I/we also certify that I/we have not done, and undertake that I/we will not do, at any time any of the following acts:

(a) Communicate to a person other than the College, the amount or approximate amount of our proposed offer; or

(b) Enter into any agreement or agreements with any other person that they shall refrain from tendering or as to the amount of any offer submitted by them; or

(c) Offer or agree to pay or give or actually pay or give any sum of money, inducement or valuable consideration, directly or indirectly, to any person for doing or having done or having caused to be done in relation to any other offer or proposed offer, any act or omission.

I/we agree that the College may, in its consideration of the offer, and in any subsequent actions, rely upon the statements made in this Certificate.

Signed…............................

Position…..........................


Date:…................………....



CERTIFICATE OF AGAINST CANVASSINGTo:


Drift Road

Stamford

Lincs



Dear Sir

I/we hereby certify that I/we have not canvassed any member, Director, employee or adviser of the College or any central Government department, in connection with the proposed award of the Contract by the College, and that no person employed by me/us or acting on my/our behalf, or advising me/us, has done any such act.

I/we further hereby undertake that I/we will not canvass any member, Director, employee or adviser of the College or any central Government department in connection with the award of the Contract and that no person employed by me/us or acting on my/our behalf, or advising me/us, will do any such act.

I/we agree that the College may, in consideration of this bid, and in any subsequent actions, rely upon the statements made in this Certificate.

Signed…............................

Position…..........................


Date:….............................



Schedule I

Tender Application FormTenderers are to provide information in the following tables. Where additional information is requested, or you have additional information to support your tender submission, it should be attached in the specified format.

Price Schedule

Route Pricing

Please provide your prices below for each of the routes (LOTS) that you are Tendering for.

Lot No

Route Total cost per day excluding VAT

1 Gretton, Corby, Weldon, Benefield, Oundle, Glapthorn, Southwick, Woodnewton, Apethorpe, Kings Cliffe, Collyweston, Easton on the Hill

£

2 Whittlesey, Kings Dyke, Stanground, Fletton, Hampton. £

3 Woodston, Ortons, Alwalton. £

4 Thorney, Eye, Welland, Dogsthorpe, Central Peterborough. £

5 Sawtry, Connington, Stilton, Folksworth, Yaxley, Wansford. £

6 Longthorpe, Bretton, Lincoln Rd, Glinton, Northborough, Maxey.

£

7 Paston, Werrington, Helpston, Bainton, Barnack, Pilsgate. £

8 Whissendine, Ashwell, Langham, Barleythorpe, Oakham, Manton, Edith Weston, Empingham.

£

9 Wyberton, Kirton, Sutterton, Gosberton, Surfleet, Pinchbeck, Spalding, Deeping St Nicholas.

£

10 Moulton, Fleet Hargate, Holbeach, Whaplode, Moulton, Weston, Fulney, Spalding, Little London, Deeping St Nicholas

£

11 Donnington, Quadring, Gosberton. £



12 Holbeach Drove, Dowsdale Bank, Shepeau Stow, Whaplode Drove, Gedney Hill, Holbeach St john, Moulton Chapel, Cowbit, Crowland

£

13 Corby Glen, Colsterworth, North Witham, South Witham, Castle Bytham, Little Bytham, Carlby, Casterton

£

Total

Cost Breakdown

Provide a breakdown to define how you have calculated the costs associated with your price proposal.Responses must be shown as a percentage of the total cost and, where highlighted, the current cost in £.

Description Response required as a % of total cost

Current cost in £

Drivers' wage % £

Fuel % £

Depreciation / Road Tax / Insurance % No response required

Vehicle maintenance % No response required

Other overheads % No response required

Profit % No response required

Added Value

Tenderers are invited to provide a statement detailing any additional discounts, retrospective rebates or technical incentives that are applicable to your bid.This could take the form of:

- A retrospective rebate- Discounted charging and/or payment structure- Discounts for multi route (lots) awarding of contract- Innovative solutions for checking validity of student passes- Any other added value- Technical solution i.e digital bus passes, display boards, tracking apps, text alerts.- Reporting mechanisms

Please include below, or as an attachment, details of any Added Value proposals you can offer as part of The College Service.



Prices are to be held for the initial period of thirty six months. Beyond the initial period, suppliers are asked to provide proposals on the mechanism to manage changes in direct costs affecting this contract.

Note: Prices to be excluding VAT (at the applicable rate)

Signed:

Dated

Name of Tenderer



Quality of service provision

Provide a management summary describing your understanding of the College’s needs and how you intend to meet those needs.Maximum one A4 sheet.

Please provide full details of how you will ensure:the punctuality of the services

the maintenance and cleanliness of the vehicle fleet

management of unexpected breakdown of vehicles or staff absences

the maintenance of licensing arrangements throughout the period of the contract, for vehicles and drivers

management of CRB/DBS checks on new drivers involved in the delivery of the service

What method drivers will use to check the validity of student passes on routes/journeys

a flexible response to unforeseen circumstances e.g. early College closure due to adverse weather

that all new drivers (or other personnel who may come into contact with students whilst delivering the service) will receive appropriate training on Child Protection in line with The College's Safeguarding children and young people policy

Provide details and evidence of the controls and procedures you have in place to ensure that Drivers, Conductors and Escorts used specifically for this service shall:

Be medically fit to undertake the services



- Not exceed their permitted driving hours without taking mandatory rest periods

- Have the relevant driving licences and meet any other areas of legislation

- Be randomly checked and/or monitored to ensure they are not driving, or escorting, passengers whilst under the influence of alcohol and/or drugs

- Report all driver misdemeanours (including exceeding driver’s hours and falsifying driver’s records), road traffic violations, fines, and licence infringements, regardless of whether these occur during, or outside of, the delivery of this service

- Be fully briefed and understand the level of courtesy and patience expected from them, and appreciate that they may need to give extra consideration when dealing with vulnerable or special needs students

Describe your escalation procedures in the event of recurrent failure to provide satisfactory Service, and the timescales involved in investigating and reporting your findings to The College.Please detail how you propose to manage and supervise the day-to-day operation of the contract.

Please detail how will you manage the formal and informal communications with the College to ensure that the College is aware of any issues that need to be addressed promptly to ensure the quality of services provided is maintain at the required standard

Please provide the names and titles of the staff that, if you are appointed, will manage this contract.

The College intends to set up a Service Level Agreement with the successful tenderer(s). As a minimum, the following key areas shall be assessed to measure total performance of the Service.

- On time collections to and from College premises

- Ability to service the requirements of The College

- Procedures for dealing with any complaints, injuries or accidents



Please note that satisfactory performance against the Service Level Agreement is material to this Contract and failure to achieve the required standards may result in the Contract being terminated.

Please detail how a two-way communication system between drivers and the operating base will be established whilst vehicles are in transit.

Please detail how you will provide CCTV evidence to the college if required.

Please explain how you would wish to present posters which may use the college logo.

Please detail how you intend to collect/record and report data on journey times/arrival times.



Vehicles

Do all of the vehicles that will be provided comply with all relevant legislation and regulations including licensing, insurance, testing, operation, construction, safety and maintenance?

Yes/No

Please explain

Describe how you will ensure that the vehicles used to fulfil the contract meet the requirements of the College and will remain fit for purpose through the life of the contract. This must include details of your vehicle inspection standards, fault reporting ad resolution procedures and any other relevant information.

Max one A4 sheet

Confirm the size of your vehicle resource that is proposed for each of the routes (lots) identified in your bid. The information you provide should include, as a minimum:(please duplicate the table below if required)Route number/Description:

Make/Model

Age at start of contract

Size/seating capacity of vehicle resource

Type of seat belts fitted

CO2 emissions of the vehicle

Wheelchair capacity, if applicable

Route number/Description:

Make/Model









Make/Model







Make/Model








Please also provide the following information:

Age of Newest vehicle in your fleet

Age of Oldest vehicle in your fleet



FREEDOM OF INFORMATION STATEMENT With reference to Section 4 of the Instructions to Tenderers please complete either 1 or 2 and 3 below.

I/We consider that:-

1. None of the information supplied with this tender is sensitive Yes/No2. The following information supplied with this tender should not be disclosed because of its

sensitivity. Please provide reasons.

3. Period for which information should remain commercially sensitive. Please state.

Signed: _______________________________________Block Capitals: _______________________________________For and on behalf of: _______________________________________

Date: _______________________________________



Schedule JQualification of Offer



Appendix A For Information OnlyBelow are the questions the College will ask of the referees provided by the Tenderer. A satisfactory reference will score at least ‘FAIR’ in all the boxes.

ServicePlease tick appropriate boxes

Excellent Good Fair Poor N/A

1. How well did the supplier meet your expectations in terms of overall service provided?

2. How well did the supplier meet your expectations in terms of quality and reliability of service supplied?

3. How well did the supplier meet your expectations in terms of meeting your schedule of requirements?

4. How well did the supplier meet your expectations in terms of safeguarding and other health and safety requirements?

5. How well did the supplier manage your account (named account manager, speedy response, knowledgeable staff, regular meetings, resolution of issues)?



Table of Contents - New College Stamford to Te… · Web viewThese Instructions and Conditions...

Documents

Transcript of Table of Contents - New College Stamford to Te… · Web viewThese Instructions and Conditions...