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Invitation to tender
Management consultancy support for developing a multiagency strategy in Stoke-on-Trent for people experiencing
combinations of homelessness, mental ill-health, addiction, and offending behavior
January 2019
Version controlAuthor Andy Meakin
File Name document.docx
Created Monday, 31 December 2018
Saved Thursday, 10 January 2019 2:16 PM
Number of Pages 57
Version 1.3
Version Revision Date Description of Changes Author
1.0 16/07/2018 First draft Andy Meakin
1.1 08/11/2018 First draft continued Andy Meakin
1.2 13/11/2018 First draft including appendices Andy Meakin
1.3 31/12/2018 Final draft following RAG discussions Andy Meakin
1.4 09/01/2019 Final draft following Craig Taylor amendment to the Agreement
Andy Meakin
1.5 10/01/2019 Final draft amending timescales Andy Meakin
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Table of contents
Version control............................................................................................................................... 1
Introduction....................................................................................................................................3
Scope.............................................................................................................................................. 3
Specification of requirements........................................................................................................ 3
Specification of constraints............................................................................................................ 5
Instructions and information on the tendering process.................................................................6
Conditions applying to this tender.................................................................................................7
Appendix 1 – Equality and diversity..............................................................................................12
Appendix 2 – Consultancy agreement (draft)...............................................................................13
Appendix 3 – Form of tender........................................................................................................31
Appendix 4 - Guidance and Evaluation Criteria............................................................................50
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IntroductionVOICES is a partnership of statutory and voluntary sector organisations that is funded by the National Lottery through the Big Lottery fund. We are one of 12 projects from across England funded under a programme called Fulfilling Lives: Supporting people with multiple needs.
You can find out more about the Fulfilling Lives programme on the national website.1 Similarly, you can find out more about the VOICES partnership and our work on our local website.2
Like other Fulfilling Lives projects, VOICES is a test and learn project that is aiming to deliver permanent systems change for people experiencing multiple needs in Stoke-on-Trent. In order to do this, we have published a multiple needs system change prospectus which can be found on our ISSUU publications website.3 This sets out our priority areas for system change and invites organisations in the VOICES partnership to submit proposals for funding through the project to move towards or deliver systems change.
VOICES is seeking a professional management consultant to help us to oversee the systems change element of the project. This specification sets out our requirements for the opportunity.
ScopeThe VOICES Partnership has a systems change budget to further the objectives of the project. Including initiatives that are currently live, this budget is c. £1.4m over the life of the project.
Our focus is improving the accessibility of services for people experiencing combinations of homelessness, mental ill-health, addiction, and offending behaviour. Where people experience these as co-occurring multiple needs, they are also often associated with other complex social issues such as destitution, sex working, and domestic abuse.
Our prospectus for partnership organisations helps them to understand the scope and likely applications of these resources. It details the process by which partner organisations can present proposals to the VOICES Board for consideration and approval.
You can find the systems change prospectus here: https://issuu.com/voicesofstoke/docs/voicessystemchangeprospectus
Specification of requirementsThe following tables set out the deliverable requirements against which consultancies should tender. This includes a description of the requirement, the status of the requirement, and the weighting that it will carry in the evaluation process.
The status of the deliverable requirements is either mandatory, desirable, or for information.
Where a requirement is mandatory, then the tender must satisfactorily demonstrate that the requirement is met
Desirable requirements will add value to a tender and its evaluation within the process Some requirements do not require a response from tendering organisations and are included for
the purpose of providing information
1 https://www.biglotteryfund.org.uk/global-content/programmes/england/multiple-and-complex-needs 2 http://www.voicesofstoke.org.uk/ and www.expertcitizens.org.uk 3 https://issuu.com/voicesofstoke/docs/voicessystemchangeprospectus
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IMPORTANT NOTE
Tender submissions that do not meet all the mandatory requirements may be excluded from further evaluation.
Functional requirements Description of requirement Status
A. Facilitate the development of a multiagency strategy for people experiencing multiple needs from inception to adoption involving key stakeholders with Expert Citizens as co-creators
Mandatory
B. Develop clear project management plans with milestones for the delivery of the strategy development and its adoption as well as assisting bidders with the development and mobilisation of systems change projects
Mandatory
C. Develop and contract manage systems change projects submitted by partner organisations against the Systems Change Prospectus for VOICES in Stoke-on-Trent
Mandatory
D. Provide clear written and verbal reports on progress against clear project management plans for the development of the strategy as well as the development and implementation of systems change projects
Mandatory
Performance requirementsDescription of requirement Status
A. A multi-agency strategy for people experiencing multiple needs developed with a clear plan for its adoption through Local Authority, Criminal Justice, and Health Services to at least final draft stage by September 2019
Desirable
B. Regular monitoring meeting take place, usually monthly, with partners delivering systems change projects and a quarterly summary report of progress is written for each project to a standard agreed with the VOICES Director
Desirable
C. Raise by exception any variations or concerns about risk, performance, or deliverability in relation to the strategy development or systems change projects and maintain these as a written risk register
Desirable
D. There is a clear plan and timetable in place for the delivery of the functional requirements within one calendar month of appointment
Desirable
Management requirementsDescription of requirement Status
A. Expert Citizens are satisfied that they have been offered meaningful Desirable
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opportunities to be co-creators of the strategy for people experiencing multiple needs
B. Key stakeholders, including those in the Local Authority, Criminal Justice, and Health Service families as well as the voluntary and community sectors are satisfied that they have been offered opportunities to inform and shape the creation of the strategy for people experiencing multiple needs
Desirable
C. The VOICES Board is satisfied that it has had significant opportunity to inform the creation of the strategy for people experiencing multiple needs
Desirable
D. The strategy is approved as a multiagency approach to the issue of people experiencing multiple needs in Stoke-on-Trent by the Responsible Authorities Group (RAG)4 and the VOICES Partnership Board by circa December 2019
Desirable
Specification of constraintsFinancial constraints
Description of constraints Status
A. We anticipate that the price for any 12-month period will not exceed £40,000 inclusive of all taxes and dispersements
Desirable
B. Tenderers must complete FORM B to describe the price of the service Mandatory
C. No additional information provided anywhere else in the submission that seeks to modify the price quoted on FORM A will be considered
Information
D. Any information written on FORM B outside of the defined spaces or any spaces used for purposes other than those stated on the form may be disregarded and may lead to the submission being excluded from the evaluation in its entirety
Information
E. Resources required to deliver the project such as printing, room hire, travel on business (not including commuting to and from the office), engagement materials, etc., will be procured and paid for through the VOICES project in negotiation with the Director
Information
4 Or another multiagency governance oversight group of similar standing, preferably convened in the fulfilment of a statutory duty, with strategic apex level representation that can influence resources allocation and deployment as well as commissioning; e.g. the Health and Wellbeing Board.
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Other constraintsDescription of constraints Status
A. We anticipate that this requirement and the contract period will be for up to two-years from the date of appointment
Information
B. No capital assets will transfer as a result of this tender Information
C. Organisations will submit a price that accounts for any start-up costs including the acquisition of any capital assets considered necessary to deliver the service effectively (e.g. computers, software, etc.)
Information
D. Any appointment is subject to receipt of proof that the selected tenderer has sufficient professional indemnity and public liability insurance in place commensurate with the risks associated with these requirements
Information
E. To the best of our knowledge, there are no liabilities associated with the TUPE regulations in relation to this tender
Information
F. There is no intention, either explicit or implied, to create a contract of employment between Brighter Futures and the successful tenderer at any time
Information
G. It is our assumption that the successful tenderer will be conducting or seeking other appointments to run concurrently with this project
Information
H. This tender represents an opportunity to provide services that commission the stated deliverable requirements set out in this specification as a discrete set of projects within the stated time period using the method set out in the successful tender
Information
Instructions and information on the tendering processIntroductionBrighter Futures Housing Association (herein ‘Brighter Futures’) is looking to procure a professional management consultancy to deliver elements of Fulfilling Lives: Supporting people with multiple needs in Stoke-on-Trent (herein ‘VOICES’).
These instructions are designed to ensure that all tenders are given equal and fair consideration. It is important, therefore, that as a Bidder you provide all the information asked for in the format and order specified. If you are in any doubt as to what is required, or if you have difficulty in providing the information requested, then you should contact Brighter Futures using the details set out for that purpose below.
Bidders can download this document from www.voicesofstoke.org.uk or by emailing [email protected].
Timetable and administrationTimetableCompleted tenders should be returned by Monday, 11th February 2019 at 12 noon.
It is expected that Bidders will be notified of the outcome of this competition during week commencing 18th February 2019 and that the contract will be awarded during week commencing 25th February 2019.
It is expected that the contract will have commenced by March 2019.
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Administration arrangementsResponses to this tender must be submitted via registered post as a paper submission or with electronic documents stored on a USB memory stick or CD-ROM media. All electronic documents must be compatible with the Office 365 suite from Microsoft.
No tender will be considered unless:
(1) It is made on the official tender form provided by Brighter Futures
(2) It is received before the prescribed date and time for the receipt of such tenders
The evaluation panelA panel drawn from Brighter Futures staff, volunteers, and partner organisations will evaluate and shortlist tenders. It is expected that up to three shortlisted bidders may be invited to a clarification meeting during week commencing 11th February. Shortlisted bidders will be notified on or before 13th February if they are invited to attend the clarification meeting. Scores may be moderated based on any clarifications provided during this meeting.
QueriesBrighter Futures will endeavour to deal with queries that you may have during the tender period. You should be aware that any questions that you raise, along with the corresponding answers, will be circulated by Brighter Futures to all parties who have registered an interest in tendering. The only exceptions to this will be where Brighter Futures considers either that the response will be commercially sensitive or where a query relates specifically to the enquirer.
The procedure for raising and dealing with queries is as follows:
Before enquiring, please check answers to previous queries in your email. If you are not able to resolve your query, then all queries should be raised via [email protected].
Conditions applying to this tenderContract periodThe contract is anticipated to be for the period between the Start Date and Completion Date as set out in the draft Consultancy Agreement at Appendix 2.
The Contract, in common with all contracts under the Big Lottery Fund grant for the VOICES project, will be subject to a review by Brighter Futures at the end of each year. A continuation of the contract being dependent upon satisfactory performance against the deliverables described in this Invitation to Tender. Continuation of this contract will be contingent on the continuation of funding from the Big Lottery Fund following these major reviews.
Completion of tender documentsBidders must submit one paper copy of all documents in a sealed envelope marked clearly as:
TENDER FOR CONSULTANCY SUPPORT – REF: VOICES02
And addressed to:
The Director, VOICES, Federation House, Station Road, Stoke-on-Trent, ST4 2SA.
You must also enclose USB memory stick containing an electronic copy of all documents (and nothing else). The USB memory stick will be returned to you after the process is complete. Tenders must be completed in accordance with the requirements of this Invitation to Tender.
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The content of the tender must be as specified in the Form of Tender at Appendix 3 on page 32.
AlterationsBrighter Futures intends to contract on the terms set out in this Invitation to Tender and at Appendix 2. Therefore, it does not expect bidders to make alterations to any of the enclosed documents. Should a bidder seek to impose an amendment, it must be detailed separately on the form set out in Appendix 3. However, bidders should note that the nature and effect of any such amendments will be taken into account by Brighter Futures in the tender evaluation process. For the avoidance of doubt, Brighter Futures does not undertake to accept any amendments which are suggested by bidders.
The preferred bidder will not be permitted to enter into any post tender negotiations on the terms of the contract. Any attempt to negotiate amendments will breach the terms of this ITT and may result in the preferred bidder being excluded from the tender process. In such circumstances Brighter Futures reserves the right to invite the next highest scoring bidder to enter into the contract.
Change of control or information providedWhere a change in the control, composition or membership of a Bidder’s organisation takes place at any time prior to execution of a Contract, Brighter Futures must be informed of the change in writing.
Where a change in the structure, control, composition of membership of the Bidder’s organisation substantially changes the information provided in the Tender, Brighter Futures must be informed of the changes in writing.
Incomplete tenderA tender may be rejected if all the information requested is not provided at the time of tendering.
Receipt of tendersTenders are to be returned by NOON on Monday, 11th February 2019.
Tenders will be received up to the time and date stated above. Tenders received before that date and time will be retained and cannot be opened until then.
Please ensure that your tender is delivered in good time and no later than the appointed time. Brighter Futures will not consider tenders received after that time.
Acceptance of tendersBrighter Futures reserves the right to terminate this procurement process at any time. By issuing this invitation, Brighter Futures is not bound in any way and does not have to accept the lowest, or any, tender.
Nonetheless, in order to obtain best value for money, Brighter Futures reserves the right to clarify with selected, or all, bidders any terms and conditions of their offers, before the contract is made.
Period for which tenders shall remain validUnless otherwise stated by the bidder, tenders shall remain valid for 60 days from the closing date for receipt of tenders.
CopyrightThe copyright of this Invitation to Tender and any other documents provided as part of this procurement process belongs to Brighter Futures. Applicants shall not reproduce or make available any part of these documents to any third party (unless for the purposes of preparing a response for this process) without the written permission of Brighter Futures.
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This Invitation to Tender and all copies thereof are the property of Brighter Futures and must be returned on demand.
Amendments to the tender documents by Brighter FuturesBrighter Futures reserves the right to amend the enclosed tender documents at any time prior to the deadline for receipt of tenders. Any such amendment will be numbered, dated and issued by the Procurement Officer or her nominated representative. Where amendments are significant, Brighter Futures may at its discretion extend the deadline for receipt of tenders.
InducementsOffering an inducement of any kind in relation to obtaining this or any other contract with Brighter Futures will disqualify the relevant tender from being considered and may constitute a criminal offence.
CollusionPlease note that Appendix 3 contains a Certificate of Bona Fide Tendering which must be completed and returned. Any breach of the undertakings covered under items 1-3 inclusive will invalidate a bidder’s tender.
Costs and expensesUnder no circumstances will Brighter Futures or any of its advisors be liable for any costs or expenses incurred by bidders and / or their members in this process. Bidders will not be entitled to claim from Brighter Futures any costs or expenses which they may incur in preparing their tenders, whether or not their tender is successful.
DebriefingFollowing the award of Contract, a written debrief will be sent to bidders.
Evaluation criteria The tender process will be conducted to ensure that tenders are evaluated fairly to ascertain the most economically advantageous tender. Brighter Futures is not bound to accept the lowest or any tender.
The award criteria will be in compliance with the Public Contracts Regulations 2006. Responses to Brighter Futures requirements will be evaluated using the evaluation criteria set out at Appendix .
After the initial scoring process, Brighter Futures will produce a short list of the highest-scoring tenders and may invite a presentation from each short-listed organisation. Brighter Futures may wish to visit a representative site(s) where a similar service is already being provided.
Variant bidsSubject to the submission of a compliant tender, bidders may also submit an alternative price and method for carrying out the requirements which Brighter Futures, at its sole discretion, may or may not pursue.
ConfidentialityAny information provided by Brighter Futures is made available on condition that it is treated as confidential (except where it is already in the public domain). The bidder must not disclose any information supplied to it as part of this tender process to any third party, member of staff or advisor, unless such person needs to receive the relevant information for the purposes of enabling a response.
Brighter Futures reserves the right not to disclose information that it feels would put them at a commercial or unacceptable contractual disadvantage.
Under the Freedom of Information Act 2000 Brighter Futures is required to disclose any information provided by bidders during the tendering exercise to any party who requests information under the Act.
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All information supplied by bidders to Brighter Futures will be treated in confidence and not disclosed to third parties, except:
that references may be sought from banks, existing or past clients, or other referees submitted by the bidders;
Brighter Futures may disclose such information with regard to the outcome of the procurement process as may be required to be published in the Supplement to the Official Journal of the European Union in accordance with EU directives, or elsewhere in accordance with statutory obligations, Freedom of Information Act and the requirements of UK government policy on the disclosure of information relating to government contracts.
Reliance on InformationThe information in this document and any other information provided by Brighter Futures is provided in good faith. However, Brighter Futures (including its directors, officers, employees, agents or advisers) does not give any warranty as to the accuracy or completeness of any information supplied.
Conflict of InterestBidders are required to confirm that they 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.
LawThe laws of England and Wales apply to this Invitation to Tender.
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The procurement process and timetable*Milestone Deadline
Advertise opportunity Week beginning 14th January 2019
Closing date for submissions 11th February 2019
Selection panel meeting February 2019
Appointment notification February 2019
Project mobilisation and start March 2019
* All dates are indicative and subject to change. Therefore, dates are for information purposes only and may be departed from as the circumstances dictate at our discretion.
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Appendix 1 – Equality and diversityUnless otherwise agreed in writing, you will use these data definitions for equality and diversity or other reporting.
GenderMaleFemale
DisabilityDisabledNot disabled
Ethnic backgroundWhite English / Scottish / Welsh / Northern Irish / UK
IrishGypsy or Irish travellerAny other white background
Mixed ethnic background Mixed ethnic backgroundAsian / Asian UK Indian
PakistaniBangladeshiChineseAny other Asian background
Black / African / Caribbean / Black UK
AfricanCaribbeanAny other Black / African / Caribbean background
Other ethnic group ArabAny other ethnic group
Age0 – 24 years of which… 0 – 4 years
5 – 9 years10 – 14 years15 – 19 years20 – 24 years
25 – 64 years of which… 25 – 34 years35 – 44 years45 – 54 years55 – 64 years
65+ years of which… 65 – 74 years75 – 84 years85+ years
Religion or beliefNo religionChristianBuddhistHinduJewishMuslimSikhOther religion
Sexual orientationHeterosexualLesbian / gay men / bisexual
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Appendix 2 – Consultancy agreement (draft)
CONSULTANCY AGREEMENT (DRAFT)relating to research and evaluation consultancy in respect of the Voices project
(1) BRIGHTER FUTURES HOUSING ASSOCIATION
-and-
(2) [insert 1 ]
Lynn Coburn
Director of Finance and Business Support
Brighter Futures Housing Association
Unit 5, Whittle Court
Town Road
Stoke-on-Trent
ST1 2QE
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THIS AGREEMENT is made on [DATE HERE] 201X
Between the following parties;
1. Brighter Futures Housing Association whose registered office is at Unit 5 Whittle Court, Town Road, Stoke-on-Trent, ST1 2QE (the “Client”); and
2. [ insert 3] (company registered number [ ]) whose registered office is at [] (the “Consultant”).
BACKGROUND
The Client has, in partnership with other bodies, entered into a funding agreement in respect of the VOICES Project (the “Project”) which obliges the Client to arrange the delivery of systems change through the activity of the Project. Accordingly, the Client has agreed to engage the professional services of the Consultant for this purpose. The Consultant has agreed to accept the engagement on the conditions of contract set out in this Agreement;
NOW IT IS AGREED as follows:
1. The Client appoints the Consultant to provide the services described in this Agreement and the Client has agreed to take and pay for the services as set out in the conditions of contract.
2. The conditions of contract, schedules and documents referred to and/or annexed to the conditions are incorporated into and form part of this Agreement.
IN WITNESS whereof this Agreement has been signed by the Parties on the day and year stated at the beginning of the Agreement
SIGNED for and on behalf of Brighter Futures Housing Association by
Name
Signature
Position
Director of Finance or his or her Authorised Signatory
SIGNED for and on behalf of [insert 5]
Name
Signature
Position
Director / Company Secretary
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CONDITIONS OF CONTRACT1. Definitions
1.1 In this Agreement, the following expressions have the following meanings:
Authorised Representative means the person designated by each Party who has the authority of the appointing Party to communicate all of that Party's decisions and representations to the other Party in connection with the Services, who will act as the prime point of contact with the Authorised Representative of the other Party, and who is authorised to receive the decisions and representations of the other Party in connection with the Services.
Child Protection means the need to and process of safeguarding and protecting individual children identified as either suffering, or likely to suffer, significant harm as a result of abuse or neglect (which shall include, but not be limited to, children who are ‘in need’ as defined in the Children Act 1989).
Child Protection Policy means the Client’s published policy and associated processes for promoting Child Protection as well as any arrangements set out by the Local Safeguarding Children Board, as may be updated and amended by the Client and Local Safeguarding Children Board from time-to-time, available from the Client on request.
Children and Young People’s Service means the departments or functions, within the relevant local authority, which are responsible for the discharge of that local authority’s statutory duties in relation to children and young people.
Completion Date means the date identified as such as set out in the Contract Particulars in respect of Clause 2.
Confidential Information means all information obtained from or relating to the Client under or in connection with this Contract but does not include information which
(i) is already in the possession of the Consultant, other than through prior disclosure by the Client;
(ii) subsequently and lawfully comes into the Consultant’s possession without restriction on disclosure or an obligation of confidence;
(iii) is independently developed by the Consultant;
(iv) is now in the public domain or hereafter comes into the public domain other than by breach of this Agreement; or
(v) is required to be disclosed by the Client under applicable law, order, decree, regulation or rule which is made or promulgated by a recognised court or authority of competent jurisdiction (in which case, written notice shall be given to the Client as soon as reasonably practicable prior to or after disclosure where such notice is lawful).
Contract Particulars means the information included at Schedule 1.
Force Majeure Event means any circumstance listed here, where such circumstance is not within a Party's reasonable control and necessarily gives rise to a delay in that Party meeting their obligations under this Agreement; such circumstances being: flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination, sonic boom,
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any law or any action taken by a government or public authority (including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent), collapse of buildings, fire, explosion and/or interruption/failure of utility service.
Local Safeguarding Children Board means the relevant body undertaking that role pursuant to the Children Act 2004 in the area(s) in which the Services are carried out
Party means either the Client or the Consultant and their respective successors or permitted assigns, and Parties shall mean both of them together and their respective successors and permitted assigns.
Payment Schedule means the agreed summary of fees for the Services as set out at Schedule 2.
Proprietary Rights means all intellectual property rights including but not limited to copyrights, database rights, patents, design rights, trademarks and trade secrets.
Regulated Activity means in relation to children as defined in Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 and in relation to vulnerable adults as defined in Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.
Regulated Activity Provider means as defined in section 6 of the Safeguarding Vulnerable Groups Act 2006.
Report means any of one or more reports prepared and issued by the Consultant pursuant to their performance of the Services.
Results means all Reports by the Consultant in respect of the Project and all related documentation including but not limited to any specification, graphics, programs, data, reports, and all other deliverables, written results or computer output produced in the course of providing the Services.
Services means the services to be provided by the Consultant in respect of the Project and more particularly described in the Specification.
Specification means a description of the Project and the Services as set out in Schedule 3.
Start Date means the date identified as such as set out in the Contract Particulars in respect of Clause 2.
Tender means the tender provided by the Consultant to the Client which resulted in the award of this Agreement as set out at Schedule 4.
Working Day means a day when banks in London are open for business, being a day other than a Saturday, Sunday or public holiday in England.
1.2. References in the Agreement to the Consultant includes references to its employees, agents and sub-contractors.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.
1.5 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
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1.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
1.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.8 A reference to any Party shall include that Party's personal representatives, successors and permitted assigns.
1.9 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.10 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.11 Any reference to a Party's consent or approval being required is to a consent or approval in writing, which must be obtained before the relevant action is taken or event occurs.
1.12 Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
1.13 A reference to writing or written includes fax and e-mail.
1.14 References to clauses and schedules are to the clauses and schedules of this Agreement.
1.15 Clause and Schedule headings shall not affect the interpretation of this Agreement.
2. Duration
2.1 This Agreement commences on the Start Date and, subject to prior termination (whether in accordance with clause 11 or otherwise) will remain in force until submission by the Consultant of the Report(s) to the Client and any other person named by them.
2.2 The Services must be completed by the Completion Date. Time is of the essence in performance of this Agreement. The Client may at its sole discretion revise the Completion Date to a later date by way of written notice to the Consultant.
2.3. The clauses specified as such in as set out in the Contract Particulars in respect of Clause 2 shall survive termination of the Agreement.
3. The Consultancy Services
3.1. The Consultant agrees to provide and the Client agrees to take and pay for the Services in accordance with clause 7 at the rates or for the sums set out in the Payment Schedule.
3.2 The Consultant is not generally authorised to carry out any work for the Client which is not included in the Specification. The Consultant may carry out any additional work following the Client's written request and unless the Parties otherwise agree in writing, such additional work shall be considered part of the Specification and Services (as appropriate) and the provisions of this Agreement will apply to it. If no fee is agreed for this additional work, the Consultant will be paid on a time and materials basis at its standard published rates of charges, or otherwise at a reasonable rate.
3.3 This Agreement is not an exclusive arrangement, and subject to the Consultant’s obligations in this Agreement, including but not limited to the obligation to avoid any conflicts of interest, nothing in this Agreement will operate to prevent the Consultant from engaging in other
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consultancy or project management activities, or the Client from appointing any consultant of a similar type to the Consultant.
3.4 The persons, whose details are set out in the Contract Particulars in respect of Clause 3, shall be appointed as the Authorised Representatives for each Party.
4. Consultant’s Obligations and Warranties
The Consultant warrants and undertakes:
4.1 to apply all reasonable professional skill, care and expertise to the performance of the Services in accordance with the Specification, the Tender and the other terms of this Agreement (and, where there is any discrepancy between any two such documents, the first listed here shall prevail);
4.2. to provide suitably qualified personnel to carry out the Services and related tasks and, where personnel have been specified in the Specification, to make those personnel available to perform the Services. Where the Consultant wishes to substitute any person listed in the Specification, they are required to obtain the Client’s written consent to do so (such consent not to be unreasonably withheld or delayed);
4.3. to provide the Services in a timely and efficient manner, to the reasonable satisfaction of the Client and to a professional standard in accordance with any time schedules stipulated in the Specification and which will conform to the standards generally observed in the industry for similar services provided by consultants of a similar size and capability;
4.4. to co-operate with Client’s employees, agents, volunteers, contractors and other independent consultants (and those of others, where appropriate) where this is necessary for the performance of the Services or to otherwise prevent hindering the Project or other activities of the Client;
4.5. that the Results, so far as they do not comprise material originating from the Client, are original works created by the Consultant, and the use or possession of them by the Client will not subject the Client to any claim for infringement of any Proprietary Rights of any third party;
4.6. not to make any announcement concerning this Agreement, the Project, the Services or any ancillary matter or to publicise this Agreement, any Report or details of the Project in any way without the prior written consent of the Client;
4.7. to conform to the Client’s normal codes of staff and security practice (which can be provided on request) when on Client premises.
5. The Client's Obligations
The Client undertakes:
5.1. subject to the rights of the Client under clauses 7, 11 and 14 and remedies which may exist at common law, to pay for the Services under the terms of this Agreement;
5.2. to provide the Consultant promptly with all necessary information, support and co-operation that may reasonably be required to enable the Consultant to carry out its obligations under this Agreement; and
5.3. to ensure that its employees and other independent consultants co-operate fully with the Consultant in relation to the provision of the Services.
6. Proprietary Rights
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6.1. If compliance with the Client’s designs, specifications or instructions results in the Consultant being subject to any claim for infringement of any Proprietary Rights or any third party rights, the Client shall indemnify the Consultant against any claims, demands, damages, costs and expenses made against or suffered by the Consultant as a result of any such claim or action.
6.2. If as a result of the Consultant’s performance of the Services (or any other circumstance arising from this Agreement) the Client becomes subject to any claim for infringement of any Proprietary Rights or any third party rights, the Consultant shall indemnify the Client against any claims, demands, damages, costs and expenses made against or suffered by the Client as a result of any such claim or action.
6.3 The Consultant acknowledges that all Proprietary Rights in the Results and any Report shall at all times and for all purposes vest and remain vested in the Client. Notwithstanding the foregoing, all Proprietary Rights which the Consultant might otherwise acquire as a result of its performance of the Services are hereby irrevocably assigned to the Client.
6.4 At the request and expense of the Consultant, and as required, the Consultant shall do all such things including signing all documents or other instruments reasonably necessary in the opinion of the Client to confirm or vest in the Client the Proprietary Rights assigned or otherwise transferred to the Client under this Agreement.
6.5 The Consultant shall be fully entitled to use in any way it deems fit any skills, techniques, concepts or know-how acquired, developed or used in the course of performing the Services. Any improvements to the Consultant’s products made or developed during the course of the Services will belong exclusively to the Consultant.
7. Charges, Expenses and Payment Terms
7.1. Provided the Services are performed in accordance with this Agreement, the Client will pay to the Consultant fees in the amounts and at the times set out in the Payment Schedule plus Value Added Tax if applicable at the prevailing rate. Payments are inclusive of all costs, expenses and disbursements unless otherwise stated in the Payment Schedule.
7.2. All fees payable by the Client will be paid within 30 days of the receipt by the Client of the Consultant's invoice for such fees together with such supporting documentation as the Client may reasonably require.
8. Confidential Information
8.1. The Consultant shall not use or divulge or communicate to any person (other than as necessary for the performance of the Services or as required by law or with the authority of the Client):
(a) any of the confidential information concerning the products, customers, business, accounts, finance or contractual arrangements or other dealings, transactions or affairs of the Client which may come to the Consultant's knowledge in the course of providing the Services;
(b) any information concerning the Project;
(c) any of the Results,
and the Consultant shall use all reasonable endeavours to prevent the unauthorised publication or disclosure of any such information, Results or documents.
8.2. If stipulated in the Specification, the Consultant shall also enter into a specific confidentiality agreement relating to the Project.
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8.3. The provisions of this clause shall survive the termination of this Agreement but the restrictions contained in this clause shall cease to apply to any information which may come into the public domain otherwise than through unauthorised disclosure by the Consultant or by anyone on its behalf.
9. Indemnities and Limits of Liability
9.1. The Consultant shall be solely liable for and shall indemnify the Client against any expense, liability, loss, claim or proceedings whatsoever or howsoever arising under any statute or at common law in respect of personal injury to or the death of any person arising out of or in the course of, carrying out the Services unless due to any act or neglect of the Client or their employees, agents, volunteers or contractors.
9.2. The Consultant shall be liable for and shall indemnify the Client against any expense, liability, loss, claim or proceedings in respect of any injury or damage whatsoever to any property real or personal in so far as such injury or damage arises out of or in the course of carrying out the Services and to the extent that the same is due to any negligence, omission or default of the Consultant, or of any person for whom the Consultant is responsible.
9.3. Without prejudice to his obligations to indemnify the Client, the Consultant shall take out and maintain insurance with a reputable insurance company in respect of claims arising out of his liability referred to in this clause. As a minimum the insurances specified in the Contract Particulars in respect of Clause 9 shall be maintained for the duration of this Agreement and for so long as any liability may continue after the expiration or earlier termination of the Agreement.
9.4. The limits referred to shall be in respect of any individual claim (except where the claim arises out of pollution or contamination in which case the limit shall be in respect of an aggregate of claims within one period of insurance not exceeding one year). The Consultant shall similarly cause any sub-contractor to take out and maintain such insurance and shall remain responsible for ensuring that any sub – contractor is fully insured in accordance with these insurance provisions for the duration of the Agreement.
9.5. The Consultant shall produce to the Client documentary evidence of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment the latest premiums due under these policies, prior to the commencement date of this Agreement and when requested to do so by an authorised officer of the Client.
9.6. If the Consultant defaults in taking out or maintaining the insurance policies referred to in this clause 9, or producing satisfactory evidence of such cover to the Client, the Client may itself insure against any liability or expense which it may incur as a result of such default. The amount paid or payable by the Client in respect of the premiums for such cover shall be deducted from the next payment due to the Consultant or shall be recoverable from the Consultant as a debt.
10. Professional Indemnity
10.1 The Consultant must take out and maintain professional indemnity insurance cover, and shall ensure that all professional consultants or sub-contractors involved in the provision of the Services take out and maintain such cover, at the levels specified in the Contract Particulars in respect of Clause 10 to this Agreement for any occurrences arising out of each and every event. Such insurance shall be maintained for a period of 12 years if this Agreement is executed under seal by the Client or 6 years if executed under hand. The Consultant shall produce evidence of the existence of such cover to the Client upon demand.
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10.2 If the Consultant defaults in taking out or maintaining professional indemnity insurance or producing satisfactory evidence of such cover to the Client, the Client may itself insure against any liability or expense which it may incur as a result of such default. The amount paid or payable by the Client in respect of the premiums for such cover shall be deducted from the next payment due to the Consultant or shall be recoverable from the Consultant as a debt.
10.3 The provisions of this clause 10 shall survive the termination of this Agreement.
11. Termination
11.1. The Client may terminate this Agreement forthwith by written notice to the Consultant if the Consultant:
(a) commits any material or persistent breach of the Consultant's obligations under this Agreement, which in the case of a breach capable of remedy shall not have been remedied within 7 days of receipt by the Consultant of a notice identifying the breach and requiring its remedy; or
(b) is guilty of any fraud, dishonesty, or serious misconduct; or
(c) is guilty of any conduct which may tend to bring it or the Client into disrepute or is convicted of a criminal offence; or
(d) where the Consultant is an individual and becomes unable to carry out his obligations under this Agreement due to illness, injury, accident or other incapacity.
11.2. The Client may terminate this Agreement forthwith by written notice to the Consultant;
(a) if the Consultant convenes a meeting of its creditors; or
(b) if a proposal shall be made for a voluntary arrangement within Part I of the Insolvency Act 1986; or
(c) if a proposal for any other composition, scheme or arrangement with, or assignment for the benefit of, its creditors, or if the Consultant shall be unable to pay its debts within the meaning of Section 123 or Section 268 of the Insolvency Act 1986; or
(d) if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other; or
(e) if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the Consultant, or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction); or
(f) if the Consultant is subject to a bankruptcy order, takes any steps to make itself bankrupt or has any person or organisation petition for its bankruptcy; or
(g) if the Consultant ceases to carry on its business; or
(h) in accordance with clause 14 of this Agreement.
11.3. The Client may terminate this Agreement by giving not less than three months written notice without giving reason.
11.4. Termination of this Agreement for any reason shall not entitle the Consultant to compensation and will be without prejudice to the rights of both Parties accrued before such termination. The
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Client shall be under no obligation to make any further payments to the Consultant and shall be entitled to retain any payments which may have fallen due prior to termination. Such payments may be offset against costs incurred by the Client in causing the uncompleted Services to be completed, to the extent that such costs exceed the payments which would have been lawfully due to the Consultant under this Agreement.
11.5. Upon request by the Client, and in any event upon the expiry or termination of this Agreement, the Consultant shall promptly deliver to the Client all copies of Results or part completed work relating to the Services and/or the Project then in the Consultant's possession and in whatsoever medium.
12. Dispute Resolution
12.1 The Parties shall attempt in good faith to negotiate a settlement of any dispute between them. If the dispute cannot be resolved within 10 working days it will be referred to the persons listed in the Contract Particulars in respect of Clause 12 by either Party.
12.1. If the dispute remains unresolved after a further 10 working days then both Parties agree to attempt to settle it by mediation unless (a) the Client considers that the dispute is not suitable for resolution by mediation; or (b) the Consultant does not agree to mediation.
12.2. The performance of the Services must not be suspended, cease or be delayed by the reference of a dispute to mediation.
12.3. To initiate a mediation either Party must give notice to the other in writing requesting mediation in accordance with this clause. The mediation must take place not later than 28 days after notice is given. If there are any issues on the procedure to be followed or conduct of the mediation either Party may apply to the Centre for Effective Dispute Resolution (“CEDR”) to decide the issue, following consultation with the Parties.
12.4. If the dispute is not deemed suitable for mediation in accordance with clause 12.2 or is not resolved within 42 days of notice to mediate being given then either Party may litigate the matter.
13. Conflicts of Interest
The Consultant must ensure that it is not placed in a position where there is or may be an actual or potential conflict, between the Consultant’s pecuniary or personal interests and the duties to the Client in respect of the Project or otherwise in respect of this Agreement. The Consultant must immediately disclose full particulars of any conflict of interest which may arise to the Client.
14. Prevention of Corruption
14.1. The Client may terminate this Agreement and any other agreement with the Consultant and recover from the Consultant any loss if:-
(a) The Consultant has offered given or agreed to give any kind of reward to any person, so that they can win the contract for the services or any other contract with the Client;
(b) The Consultant has favoured or disfavoured any person who has any dealings with this Agreement or any other contract;
(c) the above, (a) and (b) are carried out by any person employed by the Consultant or who acts for the Consultant, whether or not the Consultant knew about it; or
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(d) for any contract with the Client, the Consultant or any person employed by, or acting for the Consultant, has committed corruption (any offence under the Bribery Act 2010), or given any illegal reward (the receipt of which is illegal under Section 117(2) of the Local Government Act 1972).
15. Discrimination
The Consultant must not unlawfully discriminate directly or indirectly, or by way of victimisation or harassment, against any person on grounds of colour, race, nationality, ethnic or national origins, sex, sexual orientation, age or disability.
16. The Contracts (Rights of Third Parties) Act 1999
A person who is not a Party to the Agreement has no rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 unless specified in the Contract Particulars in respect of Clause 16.
17. Freedom of Information
17.1. The Consultant acknowledges that the Client is subject to the requirements of the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”). The Consultant must assist and cooperate with the Client (at the Consultant’s expense) to enable the Client to comply with information disclosure requirements under these statutes.
17.2. The Consultant must:
(a) transfer any request for information to the Client as soon as practicable after receipt and in any event within 5 Working Days;
(b) provide the Client with a copy of all information in the form required by the Client within 5 Working Days (or such other period as the Client may specify) of a request for that information; and
(c) provide such assistance as the Client reasonably request to enable the Client to respond to a request for information within the time for compliance set out in the FOIA or the EIR (as relevant).
17.3. The Client shall be responsible for determining at its absolute discretion whether any information:
(a) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR; or
(b) is to be disclosed in response to a request for information.
17.4. The Consultant shall not respond directly to a request for information unless expressly authorised to do so by the Client.
17.5. The Consultant acknowledges that the Client may be obliged under the FOIA or EIR to disclose information:
(a) without consulting the Consultant; or
(b) following consultation with the Consultant and having taken the Consultant’s views into account.
17.6. The Consultant acknowledges that any lists or schedules provided by the Consultant outlining information the Consultant considers to be confidential are of indicative value only and that the
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Client may nevertheless be obliged to disclose confidential information in accordance with this clause.
18. Data Protection
18.1 Each Party agrees to comply with its obligations under the Data Protection Act 1998 (‘the DP Act’) and any other relevant privacy and/or data protection laws and with its obligations under relevant applicable agreements on privacy and data protection.
18.2 In addition the Consultant acknowledges that in respect of any personal data within the meaning of the DP Act forming part of Client data, it is the Client’s data processor. In relation to such personal data and any other personal data of which the Client is the data controller within the meaning of the DP Act; the Consultant undertakes that it;
(a) shall process such personal data only in accordance with and for the purposes of performing its obligations under this Agreement and in accordance with any instructions issued by the Client from time to time;
(b) shall comply at all times with the provisions of the DP Act including but not limited to the seventh data protection principle set out in Schedule 1 Part 1 to the DP Act and interpreted in the Part II of such schedule, regarding the security of personal data;
(c) shall allow the Client or its duly authorised agents at any time during normal business hours and on reasonable notice to inspect measures taken by the Consultant to comply with the DP Act;
(d) upon written request of the Client will inform the Client of the measures it has taken to comply with the DP Act; and
(e) shall make such amendments to the measures taken as are reasonably requested by the Client in order to satisfy the Client that its Consultant is compliant with the DP Act.
19. Information Indemnity
The Consultant shall fully indemnify the Client in respect of all losses, liabilities, claims, action, proceedings, demands, costs, fines, charges or expenses arising out of or in connection with any claim made in respect of information subject to the provisions in clauses 8, 17 and/or 18, where such claims would not have arisen but for some act, omission or negligence on the part of the Consultant, its employees, agents or sub-contractor or anyone acting on its or their behalf.
20. Assignment and Sub-Contracting
20.1. The Consultant must not assign or sub-contract any rights or obligations under this Agreement without the Client’s prior approval in writing, such approval being at the Client’s absolute discretion. Sub-contracting any part of the Services will not relieve the Consultant of any obligation or duty under the Agreement.
20.2. The Consultant must be responsible for the acts and omissions of its sub- contractors as if they are the acts and omissions of the Consultant.
20.3. Where the Client have consented to the placing of sub-contracts, the Consultant must send copies of each sub-contract to the Client within 5 working days of issue.
21. Disclosure and Barring Service Check21.1 The Parties acknowledge that the Client is a Regulated Activity Provider with
ultimate responsibility for the management and control of the Regulated
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Activity provided as part of the Project, under this Agreement and for the purposes of the Safeguarding Vulnerable Groups Act 2006.
21.2 The Consultant shall:(a) provide all information required by the Client to allow the Client to ensure that
all individuals engaged by the Consultant in the provision of the Services are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (‘the DBS’);
(b) monitor the level and validity of the checks under this clause 1.2 for each member of staff; and
(c) not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to the Client or any person involved in the Project (whether a beneficiary of it or not).
21.3 The Consultant warrants that at all times for the purposes of this Contract it has no reason to believe that any person who is or will be employed or engaged by the Consultant in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time.
21.4 The Consultant shall immediately notify the Client of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 21 have been met.
21.5 The Consultant shall refer information about any person carrying out the Services to the DBS where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to children, vulnerable adults or any person involved in the Project (whether a beneficiary of it or not).
22. Child Protection
22.1 The Consultant shall ensure that if any issues arise in relation to Child Protection they shall be dealt with in line with the requirements of the Client’s Child Protection Policy and the protocols published by the Local Safeguarding Children Board.
22.2 The Consultant shall demonstrate to the satisfaction of the Client that their recruitment, selection and vetting procedures accord with the minimum standards specified by the Client’s Children and Young People’s Service prior to the commencement of the Services.
23. General Contract Provisions
23.1. This Agreement and the documents scheduled to it constitute the entire agreement and understanding between the Parties and supersede any previous agreement between the Parties relating to the subject matter of this Agreement. Each Party acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement of fact or opinion not recorded therein (whether negligently or innocently made). Nothing in this sub-clause will operate to limit or exclude any liability for fraud.
23.2 No variation of these terms and conditions will be valid unless confirmed in writing by authorised signatories of both Parties on or after the date of this Agreement.
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23.3. If any of the provisions of this Agreement are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of them will not be prejudiced unless the substantive purpose of this Agreement is thereby frustrated, in which case either Party may terminate this Agreement forthwith on written notice.
23.4. No forbearance of or delay by either Party in enforcing its respective rights will prejudice or restrict the rights of that Party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
23.5. The relationship of the Consultant to the Client is that of independent contractor. Neither Party is agent for the other, nor does either Party have any authority to make any contract, whether expressly or by implication, and whether or not for any express purposes connected with the performance of this Agreement, in the name of the other Party, without that Party's prior written consent.
23.6 Any notice given under this Agreement by either Party to the other must be in writing and may be delivered personally or by first-class post and in the case of post will be deemed to have been given two working days after the date of posting. Notices will be delivered or sent to the addresses of the Parties at the front of this Agreement or to any other address notified in writing by either Party to the other for the purpose of receiving notices after the date of this Agreement.
23.7 Neither Party will be liable to the other Party for any delay in or failure to perform its obligations as a result of a Force Majeure Event. If such Force Majeure Event continues for at least 90 days, either Party will be entitled to terminate the Agreement by notice in writing.
23.8. This Agreement is governed by English Law and the Parties submit to the exclusive jurisdiction of the English Courts.
23.9. This Agreement may be executed in separate counterparts (and the signatures may be delivered by email) all of which together evidence the same Agreement.
23.10. Each party will, at the request of the other, sign all documents and do all other acts promptly, and use commercially reasonable efforts to procure that a third party signs all documents and does all other acts, which may be necessary to give full effect to this agreement.
23.11. The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law or equity. Any right or remedy may be enforced separately or concurrently with any other right or remedy.
23.12. Neither Party shall have any right of set off against the other Party.
23.13. This agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and references to a Party in this Agreement include its successors and permitted assigns.
23.14. A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
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SCHEDULE 1 – CONTRACT PARTICULARS
Clause 2 The Start Date is [HERE]The Completion Date is [HERE]Clauses surviving termination are:
6 (Proprietary Rights) 8 (Confidential Information) 9 (Indemnities and Insurance) 10 (Professional Indemnity)17 (Freedom of Information) 18 (Data Protection)19 (Information Indemnity)
Clause 3 The Authorised Representative for the Client is [HERE]The Authorised Representative for the Consultant is [HERE]
Clause 9 Employers Liability Insurance with a minimum level of cover of £10,000,000 (ten million pounds) in accordance with the Employers Liability (Compulsory Insurance) Act 1969;Public Liability Insurance with a minimum level of cover of £5,000,000 (five million pounds)
Clause 10 Professional indemnity insurance.Minimum level of cover; £1,000,000
Clause 12 Persons to whom any dispute must be referred;For the Client; [HERE]For the Consultant; [HERE]
Clause 16 Persons with rights to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 are: None
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SCHEDULE 2 – PAYMENT SCHEDULE
TO BE AGREED
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SCHEDULE 3 – SPECIFICATION
AS SET OUT IN TENDER DOCUMENT
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SCHEDULE 4 - TENDER
AS SUBMITTED BY SUCCESSFUL BIDDER
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Appendix 3 – Form of tenderPart 1: Declaration
To: Brighter Futures Housing Association
Date:
TENDER FOR THE PROVISION OF CONSULTANCY AND PROJECT MANAGEMENT FOR VOICESFULFILLING LIVES: SUPPORTING PEOPLE WITH MULTIPLE NEEDS IN STOKE-ON-TRENT
CONTRACT REFERENCE: VOICES02
We have examined the proposed Contract documents consisting of the Invitation to Tender document
including all appendices, schedules, and the Pricing Matrix Pro-forma.
In compliance with your requirements as set out in this Invitation to Tender we append the following
information:
a) Certificate of Acceptance of Terms and Conditions
b) Information to be completed by Bidders
c) Approved Sub-Contractors
d) Certificate of Bona Fide Tendering
Also, in compliance with Appendix 3 of your Invitation to Tender I / we have completed and enclose the
schedule of rates and prices in the format specified in the Pricing Matrix Pro-forma.
We declare that we 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.
We hereby offer to enter into a Contract with Brighter Futures upon the Conditions in the proposed
Contract documents set out in this Invitation to Tender comprising (in descending order of precedence):
a) Appendix 2, the Consultancy Agreement; and
b) the documents supplied in response to Appendix 3, the Form of Tender, for the Rates and Prices
entered in the enclosed Pricing Matrix Pro-forma, subject only to the resolution of any items
entered under the attached Proposed Amendments to the Contract Documents Form.
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We undertake that we shall not make any claim against Brighter Futures, or seek to avoid or amend any
Contract placed with us as a result of the tender, arising from or relating to the accuracy or completeness
of the information set out in the Invitation to Tender.
I warrant that I have all the requisite corporate authority to sign this tender.
We understand that Brighter Futures is not bound to accept the lowest priced or any Tender.
This Tender shall remain open for acceptance by Brighter Futures for a period of 60 days after the due
date for return of tenders specified in your Invitation to Tender.
SIGNED:
Name (print)
Signature
In the capacity of
Duly authorised to sign Tenders on behalf of (company name):
Date
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Part 2: Certificate of Acceptance of Terms and Conditions
We certify that having examined all the information contained in your Invitation to Tender, including all
amendments received from you. We offer and agree to provide the services as described in the
Invitation to Tender.
If successful:
We agree to abide by the attached Agreement at Appendix 2 in their present form [with the exceptions
and amendments specified below].
and
We agree that any terms or conditions of contract or any general reservations which may be printed on
any correspondence emanating from us in connection with this tender or with any contract resulting
from this tender, shall not be applicable to the Contract.
Submitted by:
Organisation name
Registered address
Authorised signatory:
Name (print)
Signature
Position
Date
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Proposed Amendments to the Form of AgreementIt is the intention of Brighter Futures to award a contract using the Agreement set out in Appendix 2. It is also Brighter Futures intention not to amend or qualify any terms or conditions in the Agreement. However, if a bidder feels that it is unable to accept a term within the Agreement, it should identify the relevant condition in the form provided below. Where there is an additional cost incurred due to a condition within the Form of Agreement, the bidder should identify this indicating the cost adjustment if the condition was revised.
Brighter Futures will not accept a bidder response to this request in the form of the bidder appending its own standard terms to this form. Bidders are requested to provide a detailed commentary on those conditions which it wishes to change.
Bidders should note that any qualification to the Agreement may result in lower scores during the evaluation process or exclusion from the procurement if the bidder cannot accept a Condition that Brighter Futures is unwilling to revise.
Section and Condition ref.
Description of non-compliance and/or proposed amendment with revised wording
Cost Adjustment
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PART 3 – Information to be completed by the bidder1.0 Organisation and contact details1.1 Full name of the organisation1.2 Registered office address
Postal codeCountry
1.3 Is your organisation a public limited companya limited companya limited liability partnershipother partnershipsole traderother (please specify)
1.4 Company registration number (if applicable)Date of registration
1.5 Charity, Housing Association, or other registration number (if applicable)
NumberDateRegistering body
1.6 VAT Registration Number1.7 Is your company a subsidiary of another company? Yes No1.8 If yes
a) Please provide the name of the immediate parent company
b) Please provide the name of the ultimate parent company
1.9 Details of contact person for enquiries about this applicationNamePosition (job title)Address
Postal codeCountry
Telephone numberMobile numberE-mail addressWebsite address (if any)
1.10 Governance and partnerships1.11 Do you have a governing document, constitution, rules, standing orders, etc.
Yes No1.12 Please tick which applies a) Your organisation is applying to provide the
required services itselfb) Your organisation is bidding in the role of a Prime Contractor and intends to use third parties to provide some services
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c) The Potential Provider is a consortiumIf your answer is either b) or c), please indicate in a separate annex (by inserting the relevant company / organisation name) the composition of the supply chain, indicating which member of the supply chain will be responsible for the elements of the requirement
1.13 Consortium, partnership, or subcontracting arrangementsPlease give a brief outline of how the consortium, partnership, or subcontracting arrangements will work (if applicable); the extent to which you might envisage using third parties to deliver this requirement and your experience of leading a consortium or subcontracting arrangements
FOR COMPLETION BY NON-UK BUSINESSES ONLY1.14 Non-UK businesses registration and licences1.15 Registration with professional body
Is your business registered with the appropriate trade or professional register(s) in the EU member state where it is established (as set out in Annexes IX A-C of Directive 2004/18/EC) under the conditions laid down by that member state).
Yes No1.16 Is it a legal requirement in the State where you are established for you to be licensed or a
member of a relevant organisation in order to provide the requirement in this procurement?
Yes NoIf yes, please provide details of what is required and confirm that you have complied with this
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2.0 Grounds for mandatory rejectionImportant notice: In some circumstances Brighter Futures is required by law to exclude you from participating further in a procurement. If you cannot answer ‘no’ to every question in this section it is very unlikely that your application will be accepted, and you should contact us for advice before completing this form.
2.1 Has your organisation or any directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences?a) conspiracy within the meaning of section 1 of the
Criminal Law Act 1977 where conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA (as amended);
Yes No
b) corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906 (as amended);
Yes No
c) the offence of bribery; Yes Nod) fraud, where the offence relates to fraud affecting
the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of:(i) the offence of cheating the Revenue; Yes No(ii) the offence of conspiracy to defraud; Yes No(iii) fraud or theft within the meaning of
the Theft Act 1968 and the Theft Act 1978;Yes No
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985 or section 993 of the Companies Act 2006;
Yes No
(v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994;
Yes No
(vi) an offence in connection with taxation in European Community within the meaning of section 71 of the Criminal Justice Act 1993;
Yes No
(vii) destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft act 1968;
Yes No
e) money laundering within the meaning of the Money Laundering Regulations 2003 or Money Laundering Regulations 2007;
Yes No
f) money laundering within the meaning of the Money Laundering Regulations 2003 or Money Laundering Regulations 2007;
Yes No
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3.0 Grounds for discretionary rejectionImportant notice: Brighter Futures is entitled to exclude you from consideration if any of the following apply, but may decide to allow you to proceed further. If you cannot answer ‘no’ to every question it is possible that your application might not be accepted. In the event that any of the following do apply, please set out (in a separate Annex) full details of the relevant incident and any remedial action taken subsequently. The information provided will be taken into account by Brighter Futures in considering whether or not you will be able to proceed any further in respect of this procurement exercise.
3.1 Is any of the following true of your organisation?a) being an individual
is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has not made any conveyance or assignment for the benefit of his creditors or appears unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or Article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;
Yes No
b) being a partnership constituted under Scots lawhas granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate;
Yes No
c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of similar procedures under the law of any other state?
Yes No
3.2 Has your organisationa) been convicted of a criminal offence
relating to the conduct of your business or profession;
Yes No
b) committed an act of grave misconduct in the course of your business or profession;
Yes No
c) failed to fulfil obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which you are established;
Yes No
d) Yes No
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failed to fulfil obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which you are established;
e) been guilty of serious misrepresentation in providing any information required of you under Regulation 23 of the Public Contracts Regulations 2006?
Yes No
4.0 Financial information4.1 Please provide one of the following
A copy of your audited accounts for the most recent two years
Submitted
A Balance Sheet and Profit and Loss Statement for the most recent two years
Submitted
4.2 Please indicate the annual turnover (total value of work undertaken) of your organisation over the last 2 years
£ for year ended£ for year ended
4.3 Has your organisation met the terms of its banking facilities and loan agreements (if any) during the past year?
Yes No
If No, what were the reasons and what has been done to put things right?
4.4 Has your organisation met all its obligations to pay its creditors and staff during the past year?
Yes No
If No, please explain why not
4.5 Are there currently or have there been in the last year, any claims or litigation against your organisation, the value of which exceeds £250,000 or 5% of your turnover in the last financial year (whichever is lowest)?
Yes No
If Yes, please provide details
4.6 What is the name and branch of your bankers (who could provide a reference)?Name of bankBranchContact details
5.0 Insurance5.1 Please provide details of the insurances currently held by your organisation
Type of insuranceIndemnity Value Insurer Expiry Date
Professional Indemnity £Employer’s Liability £Public Liability £Please note: Employers liability insurance is a legal requirement (except for businesses employing only the owner / close family members) and this should be at least £5 million.
5.2 Has your organisation been refused insurance cover within the last five years?
Yes No
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If Yes, please provide details
5.3 Would you be willing to increase your insurances if this was required?
Yes No
6.0 Experience and contract examplesPlease provide details of three recent contracts that are relevant to the requirements set out in the specification. At least one should be relating to evaluation of projects supporting people with multiple and complex needs or exclusion. Contracts should have been performed during the past five years. The customer contact should be prepared to speak to Brighter Futures to confirm the accuracy of the information below, if we wish to contact them.
6.1 Please submit a document detailing three such examples. For each example include the following details:
Name and address of the customer organisation A contact name, telephone number, and email
address The date the contract was awarded The date that the contract ended The value of the contract in financial terms The customer’s contract reference number, their
project title, and a description of the project not exceeding 200 words in total
Submitted
Filename submitted for 6.16.2 If you cannot provide three examples, please briefly explain why
6.3 Have you had any Contracts terminated for poor performance in the last three years, or any contracts where damages have been claimed by the other contracting party?
Yes No
If Yes, please submit details in a separate document and confirm the filename below:
6.4 Please confirm your agreement for Brighter Futures to contact any of your listed customers for a reference
AgreeDisagree
7.0 Business activities7.1 Please state below the principal areas of business activity of your organisation
(max 150 words)
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7.2 What is your experience and track record of delivering contracts on time and to specification? (max 150 words)
7.3 What is your experience and track record of delivering similar activity and / or working with vulnerable people? (max 150 words)
8.0 Quality assurance8.1 Please give details of any quality accreditation your organisation holds
8.2 If your organisation does not have quality accreditation, please outline your quality assurance policy and give details of any quality assurance accreditation for which you have applied
8.3 If you do not have quality accreditation, would you be willing to work towards a relevant one?
Yes No
8.4 Please give examples of how you have used service user feedback to evaluate and improve the quality of your service (max 150 words)
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8.5 How do you measure the impact and outcomes of the work you do (max 150 words)
9.0 Equality and diversity9.1 Is it your organisation’s policy to comply with its statutory
obligations under equality and non-discrimination legislation?Yes No
9.2 Does your organisation have a written Equality and Diversity policy?
Yes No
9.3 If you do not have a written policy, please outline how you can demonstrate that you promote equality and diversity
9.4 Yes No
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In the last three years, has any finding of unlawful discrimination been made against your organisation by any UK court or industrial tribunal?
9.5 In the last three years, has any contract with your organisation been terminated on the grounds of your failure to comply witha) legislation prohibiting discrimination; and/or Yes Nob) contract conditions relating to equal opportunities in the
provision of services?Yes No
9.6 If the answer to either a) or b) is Yes, please provide details on what steps you have taken as a result of that finding or termination of contract
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10.0 Proposed method of deliveryHow would you propose delivering the functional (see page 5), performance (see page 5), and management (see page 5) requirements set out in this Invitation to Tender? You may choose to provide a robust and concise project plan to demonstrate your proposed method of delivery (max 2000 words)Filename submitted for your response to 10.0
11.0 Approach to Effective Delivery11.1 Please provide your proposals for ensuring effective project management, team support
and quality assurance to deliver this contract. Your response should include the line management structure, as well as the knowledge, experience and capacity of key personnel. (max 1000 words)Filename submitted for your response to 11.1
11.2 Please provide an appropriate structure chartFilename submitted for your response to 11.2
11.3 Please provide the CVs of key personnelFilename submitted for your response to 11.3
12.0 Approach to Adding ValueHow would you ensure that added value is consistently achieved? (max 700 words)Filename submitted for your response to 11
13.0 Approach to Partnership Working and Contract ManagementPlease provide your proposals fora) Influencing and evidencing systems changeb) Partnership developmentc) Expert Citizen and service user engagementd) Developing your relevant local knowledge(max 1500 words total)Filename submitted for your response to 13
14.0 Project RisksPlease identify and evaluate the main risks in relation to the project and how these can be mitigated or managed. Your response should include the following against each main risk:
a) A description of the hazard identified and its potential harmb) An evaluation of the likelihood of the harm occurringc) An evaluation of the impact if the harm occursd) An evaluation of the risk levele) Actions to remove or mitigate the risk
Filename submitted for your response to 14.0
15.0 Approach to Safe WorkingDoes your organisation have written Safeguarding policies? Yes No
Please describe how you will ensure the safety and well-being of service users, staff, children, vulnerable adults and the wider public (max 200 words)
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16.0 Approach to ImplementationPlease describe how would you manage the swift and effective implementation of this service (max 500 words)
17.0 Further InformationPlease use this space to provide any other information relating to your organisation or your offer that you consider relevant (max 300 words)
18.0 DeclarationI declare that to the best of my knowledge the answers submitted in this tender are correct and I am signing on behalf of my organisation. I understand that the information I have given will be used to evaluate my organisation’s suitability to contract with Brighter Futures to deliver the service set out in the Invitation to Tender. I understand that failure to answer all relevant questions fully may lead to rejection of this tender by Brighter Futures. I understand that any material misrepresentation could result in exclusion of my organisation from this procurement process or termination of any contract awarded by Brighter Futures.I 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 and that such action will empower Brighter Futures to cancel any contract currently in force and will result in exclusion from this process.I understand and agree to the terms and conditions in the Invitation to Tender and the supporting instructions.NamePosition (job title)
Signature of authorised signatoryNote: electronic and scanned signatures are acceptableDate
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Part 4: Certificate of Prompt Payment to Approved Sub-ContractorsWe intend to use the services of sub-contractors in the provision of services for this Contract and have submitted a list containing the name of each company, their registered address, and a brief description of the nature of the work they will undertake.
Filename submitted containing list of sub-contractors
We having examined those provisions of the Contract which are designed to ensure the prompt payment to subcontractors certify that:
Any sub-contract entered into by us shall provide for the timely payment of subcontractor(s) in accordance with the payment terms set out in the contract(s) between the subcontractor and ourselves.
We understand that the failure by us to comply and / or failure to act in accordance with the provisions for prompt payment of subcontractors found within the contract between the subcontractor and ourselves will be taken into account by Brighter Futures when considering future tendering opportunities for us.
NamePosition (job title)
Signature of authorised signatoryNote: electronic and scanned signatures are acceptableDate
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Part 5: Certificate of Bona Fide TenderingCONTRACT TITLE: VOICES Strategy & Systems Change Support
CONTRACT REF: VOICES02
1. I declare that this is a bona fide Tender, intended to be competitive and that we have not fixed or adjusted the amount of the Tender by or under or in accordance with any agreement or arrangement with any other person (‘person’ includes any persons, body or association, corporate or incorporate).
2. I declare that the bidder is not aware of any connection with a member of the Brighter Futures staff, which could affect the outcome of the bidding process.
3. I declare that we have not done and I undertake that we will not do at any time any of the following:
a) communicate to a person, other than Brighter Futures evaluators, the amount or approximate amount of our proposed tender (other than in confidence in order to obtain quotations necessary for the preparation of the tender for insurance or a contract guarantee bond);
b) enter into any agreement or arrangement with any other person or body that he or it shall refrain from tendering or as to the amount of any Tender to be submitted;
c) enter into any agreement or arrangement with any other person or body that we will refrain from tendering on a future occasion;
d) offer or pay or agree to pay any sum of money or valuable consideration directly or indirectly to any person for doing or causing to be done in relation to any other tender for the Services any act of the kind described above.
4. I hereby certify that we have not canvassed any member of Brighter Futures in connection of the award of this tender or any tender or proposed tender for the contract, and that no person employed by us or acting on our behalf will do any such act.
5. I understand that any instances of illegal cartels or market sharing arrangements suspected by Brighter Futures will be referred to the Office of Fair Trading for investigation and may be subject to action under the Competition Act 1980.
6. I understand that any misrepresentations may also be the subject of criminal investigation or used as a basis for civil action.
7. In this Certificate ‘agreement’ or ‘arrangement’ includes any transaction private or open, or collusion, formal or informal, and whether or not legally binding.
NamePosition (job title)
Signature of authorised signatoryNote: electronic and scanned signatures are acceptableOn behalf ofDate
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Annex 1: Pricing Matrix Pro-formaFirm PriceHaving carefully examined this Invitation to Tender, and all other documentation provided with this Invitation to Tender, we hereby Tender and undertake to execute and complete the services in accordance with the requirements set out in this Invitation to Tender, for the sum of:
Total Price over the life of the Contract (inclusive of VAT) £
The Bidder will be responsible for ensuring that the rate submitted to Brighter Futures is fully inclusive of, but not limited to, normal employee costs (NI, pensions, etc), annual leave, relief cover, recruitment, screening (including DBS checks), vetting, training, supervision and line management costs and overheads (including review meetings and meeting monitoring requirements).
Summary of CostsTo assist with the evaluation of the tender, please provide the following information regarding the costs to be incurred by the Bidder in providing the service set out in the Invitation to Tender be quoted inclusive of all office costs associated with the production of the required output. Amounts to specifically include all labour and related overheads, materials, computer hardware and software licenses, telephone, postages, courier, fax costs and insurances.
Summary of costs for the delivery of VOICES Local EvaluationRef: VOICES02 Annual Cost £
Description
Pay
e.g. 10 days at £250 per day Year 1 Year 2
Non-Pay
e.g. Travel, stationery, IT Year 1 Year 2
Management / Overheads
Cost Excluding VAT
VAT
Total Costing (inclusive of VAT)
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Appendix 4 - Guidance and Evaluation CriteriaGuidance Notes for CompletionBidders must complete and return all documents in Appendix 3 (submitting paper and electronic files - where requested to do so)
Part 1: Form of Tender
Part 2: Certificate of Acceptance of Terms and Conditions
Part 3: Information to be provided by the Bidder
Part 4: Certificate of Prompt Payment to Approved Subcontractor (if applicable)
Part 5: Certificate of Bona Fide Tendering
Annex 1: Pricing Matrix Pro Forma
Questions should be answered in English. Provide only the information that is asked for and ensure that this information is current and up to date. Failure to do so may result in your tender being disqualified. If the question does not apply to you, please write Not Applicable or N/A; if you do not know the answer, please write Not Known or N/K.
Please answer all questions as accurately and concisely as possible. Boxes in Appendix 3 should expand as you type, although we do ask that you stay within the maximum word count. Supporting information should be presented in the same order as, and should reference, the relevant question; e.g. via the file name or via headings and numbering within a file.
Bidders shall notify Brighter Futures of any errors, omissions or details contained within the documents, which precludes them from tendering for this service.
Verification of Information ProvidedBrighter Futures may ask to see supporting documents at a later stage, so it is advisable you ensure they can be made available upon request. You may also be asked to clarify your answers or provide more details about certain issues.
Bidders should note that the information given at this stage may be subject to verification later on. If any error, omission or misrepresentation is discovered, Brighter Futures reserves the right to disqualify the Bidder from selection, no matter what stage the process has reached when the error and / or omission and / or mistake is discovered.
Bidders should note that, should they be successful in being awarded a contract, Brighter Futures reserves the right to terminate the contract if at any time it is discovered that the Bidder made any misrepresentation in the Tender or any supporting document it submits.
Section 1 - Organisation and Contact DetailsIn this section you will need to provide your contact details, along with basic financial, operational and commercial information on your organisation and business activities.
Subcontracting and consortia arrangements
Where a subcontracting approach is proposed, all information requested should be given in respect of the prime contractor.
Where subcontractors will play a significant role in the delivery of the services or products under any ensuing contract, please indicate in a separate annex (by inserting the relevant company / organisation
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name) the composition of the supply chain, indicating which member of the supply chain will be responsible for the elements of the requirement. For example, you may wish to organise the information like this:
Organisation name, address and contact details
Position in supply chain / relationship
Service provision responsibility
Numbers 4 YouUnit 1, Consultancy GardensReadingJohn SmithManaging Director01782 555 456
Subcontractor Financial modelling
It is recognised that arrangements in relation to subcontracting may be subject to future change. However, Bidders should be aware that where subcontractors are to play a significant role, any changes to those subcontracting arrangements may constitute a material change and therefore may affect the ability of the Bidder to proceed with the procurement process or to provide the goods and/or services.
If the Bidder is a consortium, the following information must be provided:
full details of the consortium; and the information sought in the Form of Tender in respect of each of the consortium’s constituent
members as part of a single composite response.Bidders should provide details of the actual or proposed percentage shareholding of the constituent members within the consortium in a separate Annex. If a consortium is not proposing to form a corporate entity, full details of alternative proposed arrangements should be provided in the Annex. However, please note that Brighter Futures reserves the right to require a successful consortium to form a single legal entity in accordance with regulation 28 of the Public Contracts Regulations 2006.
Brighter Futures recognises that arrangements in relation to consortia may (within limits) be subject to future change. Bidders should therefore respond in the light of the arrangements as currently envisaged. Bidders are reminded that any future proposed change in relation to consortia must be notified to Brighter Futures so that it can make a further assessment by applying the selection criteria to the new information provided.
For question 1.12, please provide information on how you intend to manage arrangements and your experience of working in partnership, leading a consortium or subcontracting.
If the Bidder is a member of a group of companies, the information should be completed by reference to the Bidder only, and not the group as a whole (except where information on the parent company is specifically required at 1.8).
Section 2 – Grounds for Mandatory RejectionIn some circumstances Brighter Futures is required by law to exclude you from participating further in a procurement. If you cannot answer ‘no’ to every question in this section it is very unlikely that your application will be accepted, and you should contact us for advice before completing this form.
Section 3 – Grounds for Discretionary RejectionBrighter Futures is entitled to exclude you from consideration if any of the questions in this section apply, but may decide to allow you to proceed further. If you cannot answer ‘no’ to every question it is possible that your application might not be accepted. In the event that any of the following do apply, please set out (in a separate Annex) full details of the relevant incident and any remedial action taken
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subsequently. The information provided will be taken into account by Brighter Futures in considering whether or not you will be able to proceed any further in respect of this procurement exercise.
Section 4 – Financial InformationIn this section you will need to provide company financial information to allow us to establish your organisation’s financial standing.
Section 5 – InsuranceYou will need to provide details of insurance policies to adequately cover any liabilities in relation to the field that is the subject of the proposed contract.
Section 6 – Experience and Contract ExamplesYou will need to demonstrate significant recent and relevant experience of successfully delivering similar projects to the one being procured (similar in geographic scale, value and multi-partner complexity).
We will also want to know about any problems the supplier has had on previous contracts. It may be there are reasonable explanations in justification, so it is best to be honest and open in answering these questions rather than have details scrutinised later.
Section 7 – Business ActivitiesIn this section you will need to provide a brief outline of the main business activities of your organisation, ensuring you detail the organisation’s experience and expertise in the field that is the subject of the proposed contract.
You will also need to detail the experience and track record of your organisation in delivering similar contracts on time and to specification.
Please provide examples of when you have provided similar activity. We will use the information in this section to help us assess potential providers’ suitability.
Section 8 – Quality AssurancePlease provide details of any recognised standards your organisation works to, including any industry specific requirements. You may be asked to provide evidence of how you make sure work is consistently carried out to a high standard.
‘System’ means processes and procedures to ensure that the subject is properly managed. This includes making sure that legal requirements are met.
Section 9 – Equality and DiversityBrighter Futures is committed to ensuring that all members of the community are treated fairly and equally in their field of work or through the services they access. We will therefore want to know that a potential provider accepts its legal duties in this area and takes them seriously.
Section 10 – Proposed Method of DeliveryPlease demonstrate how you would deliver each of the main requirements in the Specification (this may be in the form of a robust and concise project plan). Responses should be clear about their approach to engaging with socially marginalised potential beneficiaries. The purpose of this question is to enable us to evaluate your understanding of our requirements and the quality of your proposals for meeting them.
Provide full details concerning the rights that you or any third parties hold in respect of any intellectual property that you intend to use.
If a subcontracting approach is proposed, please indicate which member of the supply chain would be responsible for delivering each element of the service.
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Section 11 – Approach to Ensuring Added ValueGive details of the approach you will use to ensure that Added Value is consistently achieved by the service. You should include information on any innovative suggestions that will improve the service and add value to the contract.
Please indicate how you would deliver these added value elements.
Section 12 – Approach to Effective DeliveryPlease set out your proposals for ensuring effective delivery of the required outputs. Your response should include the structure of the team delivering the service, as well as their knowledge, experience and capacity to deliver the contract. Please append a structure chart (as appropriate) and CVs for key personnel.
Section 13 – Approach to Contract Management / Partnership WorkingPlease provide information on how you would actively manage this contract and engage with the VOICES partnership, staff, volunteers, and the national evaluators, to support improvement and system change.
Section 14 – Approach to Project RiskPlease identify the project risks and contingencies associated with the service being procured. For example, how will you ensure continuity across the life of the contract?
Rate the likelihood and impact of each risk and set out mitigating or contingency action.
Section 15 – Approach to Safe WorkingPlease describe the policies, procedures and systems you have in place to ensure the safety and well-being of service users, staff, vulnerable adults, children and the wider public. For example, where staff become aware of a risk of harm, how would they report these concerns?
Section 16 – Approach to ImplementationPlease identify how you would ensure speedy and effective implementation of the service.
Section 17 – Further InformationPlease use this section to provide any further information you think we should know.
Section 18 – DeclarationThis is simply your confirmation that the information provided is correct; that you understand the importance of providing accurate information as it will be used to assess your organisation’s suitability to be invited to tender for the service; and you understand and agree with the terms of the Tender and this guidance.
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Evaluation CriteriaPass or fail sections
Number Section Status PassCriteria
FailCriteria
1.0 Organisation and Contact Details Mandatory Satisfactory details provided
No response or inadequate details provided
2.0 Grounds for Mandatory Rejection Mandatory No to all questions
Responses not provided to one or more, or yes to any questions
3.0 Grounds for Discretionary Rejection Mandatory No to all questions
Response not provided to one or more, or yes to any questions
18.0 Signed declaration Mandatory Agreed Not agreed
Financial standing, experience, and track record
Number Section and Scoring Guidance Maximum Score
Weighting Maximum Weighted
Score
4.0 Financial Information 5 1.0 5
5 marks Full response, satisfactory information, and low financial risk
2 or 3 marks Partial response, and/or medium financial risk
1 mark Unsatisfactory response
0 marks No response or high financial risk
5.0 Insurance 5 0.4 2
5 marks Full response, satisfactory level of insurance, no to 5.2 and yes to 5.3
3 marks Partial response and/or satisfactory insurance and/or no to 5.2 and yes to 5.3
2 marks Unsatisfactory insurance, but no to 5.2 and yes to 5.3
0 marks No response or unsatisfactory insurance with yes to 5.2 and no to 5.3
6.0 Experience and Contract Examples 5 3.0 15
5 marks Full response, relevant references, willingness to contract referees
3 or 4 marks Partial response, partially relevant references, willingness to contract referees
1 or 2 marks None or irrelevant references, but reasonable explanation
0 marks No response, irrelevant references, willingness to contact referees
Note that adverse or critical comments from referees may reduce the score
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Number Section and Scoring Guidance Maximum Score
Weighting Maximum Weighted
Score
7.0 Business Activities 5 1.0 5
5 marks Full response, clearly relevant experience / business
2 to 4 marks Partial response, partially relevant experience / business
0 or 1 marks No response, irrelevant experience or business
8.0 Quality Assurance 5 0.2 1
5 marks Full response, clearly demonstrated quality approach, accreditation / willingness to work towards, excellent use of feedback
2 to 4 marks Partial response, approach to quality not clearly demonstrated
0 or 1 marks None or inadequate response
9.0 Equality and Diversity 5 0.4 2
5 marks Full response, clearly demonstrated
2 to 4 marks Partial response, partially demonstrated
0 or 1 marks None or inadequate response
Method StatementsThese sections will be scored against the following scoring guidance
5 marks Exceeds requirements or excellent response
4 marks Very good response in most respects
3 marks Generally good response, but with some minor weaknesses
2 marks Acceptable response, meets minimum requirements
1 mark Weak response, with some significant concerns
0 marks Poor response or the response is too brief to be assessed or has potentially serious failings
Number Section Maximum Score
Weighting Maximum Weighted
Score
10.0 Proposed Method of Delivery 5 3.0 15
11.0 Approach to Effective Delivery 5 2.4 12
12.0 Approach to Ensuring Added Value 5 1.4 7
13.0 Approach to Contract Management and Partnership Working
5 2.0 10
14.0 Approach to Project Risk 5 1.0 5
15.0 Approach to Safe Working 5 0.2 1
16.0 Approach to Implementation 5 1.0 5
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Price AppraisalThis section will be scored against the following scoring guidance (please see page 5 for the financial constraints)
5 marks Best price (within indicative range)
4 marks Within 4% of best price (within indicative range)
3 marks Within 7% of best price (within indicative range)
2 marks Within 10% of best price (within indicative range)
1 mark Over 10% difference to best price or above the top of the indicative range
0 marks No response
Number Section Maximum Score
Weighting Maximum Weighted
Score
Annex 1 Price Matrix Pro-forma 5 3.0 15
Summary
The Maximum possible score is 100
The Minimum score is 40 (where no responses have achieved 0 or 1 marks)
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