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Ashfield District Council Invitation to Tender Issue Date: Tuesday 31 st July 2018 Return Date: Monday 3 rd September 2018 Return Time: 1200hrs Invitation to Tender For The supply of children’s play equipment at Broomhill Park play area, Hucknall Ref: CPU 3141

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Page 1: Invitation to Tender Long Fom / jw20140522publiccontent.sinpro.cz/PublicFiles/2018/08/01... · Web view1) Please describe the supply chain management systems, policies, standards

Ashfield District Council Invitation to Tender

Issue Date: Tuesday 31 st July 2018 Return Date: Monday 3 rd September 2018 Return Time: 1200hrs

Invitation to TenderFor

The supply of children’s play equipment at

Broomhill Park play area, HucknallRef: CPU 3141

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CONTENTSSection 1: Introduction......................................................................................................................4

1 Outline Scope of Requirements.............................................................................................42 Contract Duration...................................................................................................................43 Contract Value.......................................................................................................................44 Words and Expressions.........................................................................................................45 Procurement Timetable..........................................................................................................4

Section 2: Conditions of Tender........................................................................................................56 General Requirements...........................................................................................................57 Preparation of Tender............................................................................................................58 Responses to Invitation to Tender.........................................................................................59 Submission of Tenders..........................................................................................................610 Non-Consideration of Tender.................................................................................................611 Rejection of Tender................................................................................................................712 Award of Contract..................................................................................................................713 Tenderer’s Warranties............................................................................................................714 Insurance & Indemnity...........................................................................................................815 Terms & Conditions................................................................................................................816 Confidentiality........................................................................................................................ 817 Freedom of Information..........................................................................................................818 Consortium Bids.....................................................................................................................919 Sub-Contracting.....................................................................................................................920 Invoicing & Payment............................................................................................................1021 Intellectual Property.............................................................................................................1022 Data Protection....................................................................................................................11

Section 3: Tender Evaluation..........................................................................................................1223 Supplier Questions...............................................................................................................1224 Checking and Evaluation of Tender Responses..................................................................1225 Selection Questionnaire.......................................................................................................1226 Quality Assessment.............................................................................................................1227 Price Assessment................................................................................................................1328 Evaluation Scoring & Weightings.........................................................................................1429 Final Qualification Check and Award of Contract.................................................................14

Section 4: Project Brief...................................................................................................................1530 General................................................................................................................................ 15

Section 5: Specification.................................................................................................................. 1631 Introduction..........................................................................................................................1632 Project Background & Overview..........................................................................................1633 General Requirements for Play Equipment..........................................................................1934 Specific Requirements.........................................................................................................1935 Further Information and Queries..........................................................................................2136 Continuous Improvement.....................................................................................................2137 Sustainable Procurement.....................................................................................................2138 Environmental Impact..........................................................................................................2139 Economic Impact..................................................................................................................22

Section 6: Quality Assessment.......................................................................................................2340 Quality Assessment Instructions..........................................................................................23

Section 7: Supplier Details..............................................................................................................2641 Equal Opportunity & Diversity Policy and Capability............................................................27

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42 Health & safety policy and capability....................................................................................2743 Quality Management Policy & Capability.............................................................................2844 Environmental Management Policy & Capability..................................................................2945 Steel Procurement...............................................................................................................2946 References...........................................................................................................................30

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Section 1: Introduction1 Outline Scope of Requirements1.1 Nottingham City Council is undertaking this procurement exercise on behalf of Ashfield

District Council.  Ashfield District Council are the Contracting Authority.  

1.2 Ashfield District Council (the 'Authority' or 'Employer') is seeking tenders from suitably experienced and qualified entities (the 'Tenderer') for the supply only of children’s play equipment for a new play area at Broomhill Park in Hucknall, Nottingham.

1.2.1 The contract will be broken down into two separate Lots. Tenderers are invited to bid for any number of Lots and must provide separate submissions for each individual Lot.

LOT 1: Activity Play Trail LOT 2: Children’s Play Equipment

1.3 The Authority’s detailed requirements are defined in Section 2 - The Specification.

2 Contract Duration2.1 The successful tenderer will have a maximum of 6 weeks, from date of order, to supply and

deliver the selected play equipment.

3 Contract Value3.1 The maximum budget for each Lot is as follows:-

LOT 1: Activity Play Trail £6,000.00 LOT 2: Children’s Play Equipment £34,000.00

3.2 The Authority would like to encourage bidders to maximise the play value within this budget.

4 Words and Expressions4.1 Words defined in the Terms & Conditions shall have the same meaning in the Invitation to

Tender, Form of Tender, Conditions of Tender, and the Specification.

5 Procurement Timetable

1. Request for Quotation Issued Tuesday 31st July 2018

2. Deadline for Quotation Responses Midday on Monday 3rd September 2018

3. Quotation Evaluation Monday 10th September 2018

4. Contract Awarded (subject to pre- contract checks)

Friday 14th September 2018

5. Delivery (in advance of) Monday 29th October 2018

Please note the Authority reserves the right to amend this timetable and steps 3 to 5 inclusive are provided for indicative purposes only.

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Section 2: Conditions of Tender 1 General Requirements1.1 Tenders must be submitted in accordance with the following instructions; any not complying

in part or in whole may be rejected at the Authority's sole discretion.

2 Preparation of Tender2.1 Tenderers are responsible for obtaining all information necessary for the preparation of their

response. All costs, expenses, and liabilities incurred by the Tenderer in connection with the preparation and submission of the Tender, and attending any presentations or interviews required, shall be borne by the Tenderer unless stipulated otherwise.

2.2 The Tenderer will be deemed for all purposes connected with the Tender and the Contract to have carried out all researches, investigations and enquiries which can reasonably be carried out and to have satisfied itself as to the nature, extent, and character of the requirements of the Contract (in the context of and as it is described in the Specification), the extent of the materials and equipment which may be required and any other matter which may affect its Tender.

2.3 Tenderers may request clarification on any of the points contained in the tender documents (including requests for clarification in relation to the Terms & Conditions). Tenderers should note that contract terms are non-negotiable (except where expressly indicated), and by submitting a completed tender response to the Authority, they are accepting the Authority’s Terms & Conditions. Any qualified tender responses could be deemed as non-compliant.

2.4 Clarification requests MUST be submitted in writing through the e-tendering portal, www.eastmidstenders.org, in sufficient time to allow the Authority to supply the information no later than six days before the final date for receipt of tenders.

2.5 Any background information included in relation to this tender is provided in good faith to assist Tenderers in preparing their tenders; no guarantee is given that it is exhaustive, or that any conclusion whatsoever may be drawn from it; and no warranty is made as to its accuracy.

2.6 Information given in respect of historical or estimated future spend is given as a guide; the Authority makes no warranty and accepts no liability as to the actual value or volume of orders to be placed with any supplier.

3 Responses to Invitation to Tender3.1 The purpose of the response is to enable us to evaluate your understanding of our

requirements, your proposed methods for meeting them, and the suitability of your organisation to become a supplier to the Authority.

3.2 Your response should consist of the following:

3.2.1 A completed set of Supplier Questions.

3.2.2 A completed set of Quality Questions.

3.2.3 Prices submitted in accordance with the Pricing Schedule.

3.2.4 The priced offer and signed Collusive Tendering Certificate and Tender Declaration contained within the Form of Tender.

3.3 Where signatures are required, these must be provided by an appropriately authorised individual as follows:

a) Where the Tenderer is an individual, by that individual;b) Where the Tenderer is a partnership, by two duly authorised partners;

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c) Where the Tenderer is a limited company, by a director duly authorised for such purposes.

3.4 Signatures may be a scanned signature or an electronic signature (but not typed) and should be included with the documents submitted via the e-tendering portal.

3.5 Tenderers should satisfy themselves of the accuracy of all fees, rates, and prices quoted, since Tenderers will be required to hold these or withdraw their Tender in the event of errors being identified after the submission of Tenders.

3.6 If a Tenderer fails to provide fully for the requirements of the Specification in the Tender they must either:

a) Absorb the costs of meeting the full requirements of the specification within their tendered price; or

b) Withdraw their tender.

3.7 All tenders should be valid and held open for acceptance by the Authority for a period of at least 120 days from the deadline for returns.

4 Submission of Tenders4.1 All tenders and any associated documents must be submitted via the Authority’s e-tendering

portal, located at www.eastmidstenders.org, unless otherwise specified or agreed by the Authority in advance of the stated deadline.

4.2 If you experience any issues with accessing or using EastMidsTenders, please contact the Helpdesk using one of the following methods:

By telephone on +44 330 005 0352 By email at [email protected]

4.3 Tenders must be received no later than the time and date shown on the front of this document; the Authority reserves the right to accept late tenders only where it can be shown conclusively that this was due to reasons beyond the control of the Tenderer.

4.4 No alteration or amendment of returns will be accepted after the stated deadline, with the exception that the Authority may, at its unfettered discretion, permit a Tenderer to correct an error or omission that, in the Authority's considered opinion, is a genuine and obvious one.

4.5 As well as electronic submission through the East Midlands Tendering Portal hard copies of the visuals, plan must be sent to:

Mr Lee Sycamore, Place & Projects Officer, Place & Wellbeing Team, Ashfield District Council. Urban Road, Kirkby-in-Ashfield, Nottinghamshire. NG17 8DA

4.6 We do not open any tenders until after the stated deadline has expired, therefore there is neither penalty nor advantage for returning a tender early.

5 Non-Consideration of Tender5.1 The Authority may, at its absolute discretion, refrain from considering any Tender where:

5.1.1 It is not in accordance with the Form of Tender; Conditions of Tender; and/or Terms & Conditions;

5.1.2 The Tenderer makes or attempts to make any variation or alteration to the terms of the Form of Tender, the Terms & Conditions, or the Specification; except where a variation or alteration is expressly invited or permitted;

5.1.3 Any part of the submission is incomplete, or the Tenderer does not provide all the information required by the Authority.

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6 Rejection of Tender6.1 The Authority may reject any tender in any of the following circumstances where the

Tenderer:

6.1.1 Fixes and adjusts prices shown in its Form of Tender by any agreement with any other person, or communicates to any person (other than the Officer responsible for this tender) the amount or approximate amount of the prices (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Tender or for the purposes of financing or insurance); or

6.1.2 Enters into any agreement with any other person that such other person shall refrain from submitting a Tender or shall limit or restrict the prices to be shown by any other Tenderer in its Tender; or

6.1.3 Offers or agrees to pay or does pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person for doing or having or causing or having caused to be done in relation to any other Tenderer or any other person’s proposed Tender any act or omission; or

6.1.4 In connection with the award of the Contract commits an offence under the Bribery Act 2010 or gives any fee or reward the receipt of which is an offence under Sub-Section (2) of Section 117 of the Local Government Act 1972; or

6.1.5 Has directly or indirectly canvassed any member or official of the Authority concerning the acceptance of any Tender or who has directly or indirectly obtained or attempted to obtain information from any such member or official concerning any other Tenderer or Tender submitted by any other Tenderer.

7 Award of Contract7.1 The Authority reserves the right not to award to any Tender; however, where it decides to

award, it will do so to the organisation submitting the most economically advantageous tender, and which has satisfied the Authority's requirements in respect of the selection criteria and all other aspects of the tender.

7.2 The Authority reserves the right to award Lots on an individual basis, and there is no guarantee that all of the Lots will be awarded.

7.3 Acceptance of a Tender by the Authority shall be in writing and shall be communicated to the Tenderer. On acceptance by the Authority the Contract shall thereby be constituted and become binding on both parties, notwithstanding which at request of the Authority the Tenderer shall forthwith execute a formal contract in the form indicated.

8 Tenderer’s Warranties8.1 In submitting a Tender the Tenderer warrants and represents that:

8.1.1 It has not carried out any of the acts or matters referred to in the clauses titled Non-Consideration of Tender or Rejection of Tender, and has complied in all respects with these Conditions of Tender;

8.1.2 All information, representations and other matters of fact communicated (whether in writing or otherwise) to the Authority by the Tenderer or its employees in connection with or arising out of the Tender are true, complete and accurate in all respects;

8.1.3 It had made its own investigations and research, and has satisfied itself in respect of all matters relating to the tender, the Specification and the Terms & Conditions and that it has not submitted the Tender and will not have entered into the Contract in reliance upon any information, representations or assumptions (whether made orally, in writing or otherwise) which may have been made by the Authority;

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8.1.4 It has full power and authority to enter into the Contract and will if requested produce evidence of such to the Authority;

8.1.5 It is of sound financial standing, and the Tenderer and its partners, officers, and employees are not aware of any circumstances (other than such circumstances as may be disclosed in the accounts or other financial statements of the Tenderer) which may adversely affect such financial standing in the future.

9 Insurance & Indemnity9.1 The Authority requires the following minimum levels of insurance / indemnity. The

Contractor will be required to hold the appropriate levels for the duration of the contract:

9.1.1 Employer's Liability: £10,000,000.

9.1.2 Public Liability: £5,000,000

9.1.3 Professional Indemnity: £2,000,000

10 Terms & Conditions10.1 The draft Terms & Conditions ("Terms & Conditions") the Authority proposes to use are

available through the e-tendering portal. By submitting a tender, Tenderers are agreeing to be bound by the terms of this invitation to tender and the Terms & Conditions without further negotiation or amendment. Any amendments that are proposed but not agreed could be considered non-compliant tender.

10.2 The successful Tenderer will be required to provide two signed copies of the Terms & Conditions following award.

11 Confidentiality11.1 The Invitation to Tender, Terms & Conditions, Specification, and all other documents or

information issued by the Authority in relation to the Tender shall be treated by the Tenderer as private and confidential for use only in connection with the Tender and any resulting contract, and shall not be disclosed in whole or in part to any third party without the prior written consent of the Authority.

11.2 The documents which constitute the Contract and all copies thereof are and shall remain the property of the Authority (whether or not the Authority shall have charged a fee for the supply of such documents) and must not be copied or reproduced in whole or in part and must be returned to the Authority upon demand.

11.3 All information provided by Tenderers as part of a tender return will be treated as confidential in accordance with article 21 of the Public Contracts Regulations 2015, notwithstanding any obligation on the Authority arising under the provisions of the Public Contracts Regulations, Freedom of Information or related legislation, or any other requirement for the disclosure of information applicable under the law of England and Wales.

12 Freedom of Information12.1 The Authority is subject to the requirements of the Freedom of Information Act 2000 (FoIA)

and the Environmental Information Regulations 2004 (EIR); and may be obliged to disclose information (including information provided by Tenderers) in accordance with the requirements of this legislation.

12.2 The Authority shall be responsible for determining at its absolute discretion whether information held by it relating to the tender shall be disclosed in response to a request for information under FoIA or EIR.

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12.3 Tenderers should state if any information supplied by them is confidential or commercially sensitive, or should not be disclosed in response to a request for information under the Act; and should state why they consider the information confidential or commercially sensitive.

12.4 This will not guarantee that the information will not be disclosed, but will be examined in the list of the exemptions provided in the Act.

13 Consortium Bids13.1 Organisations which might not have the necessary capability or size to tender for the

requirement individually are invited to form consortia with other organisations to be able to put in joint bids.

13.2 Consortium tenders are particularly encouraged from groups of smaller companies or voluntary sector organisations, to allow them to compete in markets where they would otherwise be under-represented.

13.3 Consortia may take one of two forms, depending on the agreement between the constituent organisations:

13.3.1 Where suppliers are proposing to create a discrete corporate entity, they should provide a separate attachment giving details of the entity itself, and the actual or proposed percentage shareholding of the constituent members within the consortium.

13.3.2 If a consortium is not proposing to form a corporate entity, full details of the alternative arrangements proposed should be provided in a separate attachment. This should include the management structure, and the identity of the lead organisation responsible for submitting the application on behalf of the consortium.

13.4 In either case, each constituent member of the consortium must complete the Supplier Questions with its own details to be submitted as part of a single composite response.

13.5 The Authority recognises that arrangements in relation to consortia may (within limits) be subject to future change. Suppliers should therefore respond in the light of the arrangements as currently envisaged. Suppliers are reminded that any future proposed change in relation to a consortium must be notified to the Authority so that it can make a further assessment by applying the selection criteria to the new information provided.

13.6 Where not already the case, the Authority reserves the right to require a successful consortium to form a single legal entity in accordance with regulation 19(6) of the Public Contracts Regulations 2015.

14 Sub-Contracting14.1 Where the Contractor intends to sub-contract elements of the works, it shall notify the

Authority of the name, contact details, and legal representatives, of its proposed subcontractors, including those further down the supply chain if required.

14.2 The Authority is required to verify whether any of the mandatory or discretionary grounds for exclusion in accordance with Regulation 57 of PCR2015 apply to proposed subcontractors; should such grounds exist, the Authority:

14.2.1 Shall require that the Contractor replaces a subcontractor in respect of which the verification has shown that there are compulsory grounds for exclusion;

14.2.2 May require that the Contractor replaces a subcontractor in respect of which the verification has shown that there are non-compulsory grounds for exclusion.

14.3 The Contractor shall notify the Authority of:

14.3.1 Any changes to the information notified as above during the course of the contract; and

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14.3.2 The name, contact details, and legal representatives of any new subcontractors which the main Contractor subsequently involves in delivery of the contract.

15 Invoicing & Payment15.1 The Authority shall pay the Price for the Goods to the Contractor.

15.2 The Contractor shall submit a single VAT invoice to the Authority no later than seven days after the end of each calendar month detailing the Goods provided during the calendar month and the amount payable.

15.3 Payment of any undisputed invoice will be made no later than 30 days following the date of receipt of the invoice by the Authority.

15.4 The Authority reserves the right to withhold payment of the relevant part of the Price, without payment of interest, where the Contractor has either failed to deliver the Goods at all or has delivered Goods which, in the reasonable opinion of the Authority, are unsatisfactory. Any invoice relating to such Goods will not be paid unless or until the Goods have been delivered to the Authority’s satisfaction.

15.5 Any overdue sums will bear interest from the due date until payment is made at 4% per annum over the Bank of England base rate from time-to-time. The Contractor is not entitled to suspend deliveries of the Goods as a result of any overdue sums.

15.6 The Authority will be entitled but not obliged at any time or times without notice to the Contractor to set off any liability of the Authority to the Contractor against any liability of the Contractor to the Authority (in either case however arising and whether any such liability is present or future, liquidated or un-liquidated and irrespective of the currency). The Authority may for such purpose convert or exchange any sums owing to the Contractor into any other currency or currencies in which the obligations of the Authority are payable under this Contract. The Authority’s rights under this clause will be without prejudice to any other rights or remedies available to the Authority under this Contract or otherwise.

15.7 Further details of payment, if any, are set out in the Pricing Schedule.

16 Intellectual Property16.1 Unless otherwise specified or agreed, it is the intention of the Authority that all intellectual

property rights in all works or supplies provided in relation to this tender which are written or produced on a bespoke or customised basis, including, without limitation, all future such rights when the said works are created, shall be owned by the Authority, and the Contractor shall ensure that it executes all documents necessary to effect such ownership.

16.2 Where the Contractor provides existing intellectual property right protected material to the Authority in relation to this tender, it shall disclose this to Authority; warrants it has the right to do so; and shall fully indemnify and hold the Authority harmless against all loss or liability arising from any third party intellectual property rights claims arising both from such existing material and in relation to any such bespoke work.

16.3 Except as provided above, both parties retain ownership of their pre-existing intellectual property rights protected material.

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17 Data Protection17.1 Contractors to the Authority must comply with all obligations and requirements under the

Data Protection Act 1998 (as amended), or its successors; and any associated legislation.

17.2 Notwithstanding the general obligation above, where the Contractor is tendering to process Personal Data as a Data Processor for the Authority the Contractor shall ensure that it has in place appropriate technical and contractual measures to ensure the security of the Personal Data (and to guard against unauthorised or unlawful Processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data), as required under the Seventh Data Protection Principle in Schedule 1 to the Act; and if awarded the contract will provide the Authority with such information as the Authority may reasonably require to satisfy itself that the Contractor is complying with its obligations under the Data Protection Legislation.

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Section 3: Tender Evaluation1 Supplier Questions1.1 Tenderers are required to complete the Supplier Questions included with the tender

package. These questions are used to gauge your organisation's suitability to become a supplier to the Authority.

1.2 All responses will be evaluated as indicated within the questionnaire, with clarification sought where appropriate.

1.3 Responses to the Supplier Questions will be checked for compliance, and further clarification sought for any residual queries. Tenderers not meeting the basic minimum standard required after clarification may be excluded from further consideration at the Authority's discretion.

1.4 Please do not provide any supporting information at this time unless specifically requested in the questionnaire; relevant details will be requested from Tenderers as required and checked for suitability prior to contract award.

2 Checking and Evaluation of Tender Responses2.1 An initial examination will be made to establish the completeness of submitted tenders. The

Authority reserves the right to disqualify any tender submission that is incomplete.

2.2 Where it is considered by the evaluation team that the information or documentation submitted is or appears to be incomplete or erroneous, or where specific documents are missing, the Authority may request the Tenderer(s) concerned to submit, supplement, clarify, or complete the relevant information or documentation within an appropriate time limit.

2.3 Wherever possible, any clarifications required relating to the response will be dealt with in writing via the portal.

2.4 It may be considered that written clarification is not sufficient in some instances; the Authority thus reserves the right to invite Tenderers to attend a clarification interview in person.

2.5 The Authority will evaluate the submissions to establish which it considers to be the most economically advantageous tender in accordance with the following award criteria:

i) Quality 90%ii) Price 10%

3 Selection Questionnaire3.1 The Selection Questionnaire questions are pass / fail, and thus form no part of the

evaluation other than to gauge an organisation's basic suitability. Any organisation failing to satisfy the Authority of their suitability to undertake the contract will be removed from consideration.

4 Quality Assessment4.1 Tenderers are invited to submit a written response to each of the questions included within

the Quality Assessment section.

4.2 The Authority will assess Tenderers’ responses to each question against the criteria set out in the following table and will award points up to the maximum shown against each heading.

4.3 Each quality assessment question will be assigned a score according to the following table. Failure to achieve a rating of at least Satisfactory in any one or more categories may result in the tender being disqualified at the Authority’s discretion.

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Assessment ScoreUnacceptableEither no answer is provided, or the answer fails to demonstrate that any of the Authority’s key requirements in the area being measured will be delivered.

0

PoorFails to demonstrate how the Authority’s basic requirements in the area being measured will be addressed; giving rise to serious concerns that acceptable outcomes would be not delivered against the project brief and specification.

1

WeakBarely demonstrates how the Authority’s basic requirements in the area being measured will be addressed; giving rise to concerns whether acceptable outcomes would be delivered against the project brief and specification.

2

SatisfactoryDemonstrates how the Authority’s basic requirements in the area being measured will be addressed to deliver acceptable outcomes against the project brief and specification.

3

GoodDemonstrates how most of the Authority’s requirements in the area being measured will be addressed to deliver good outcomes against the project brief and specification.

4

ExcellentDemonstrates clearly how all of the Authority’s requirements in the area being measured will be fully addressed to deliver excellent outcomes against the project brief and specification.

5

5 Price Assessment5.1 The price assessment for this tender is based on the prices submitted within the Form of

Tender. Tenderers should ensure they provide a price for every item listed; incomplete returns with missing prices may be excluded from participation at the Authority's discretion.

5.2 The Authority is seeking a single fixed price for each of the pricing elements indicated. These prices will then be added together to ascertain the total overall price for the bid.

5.3 Where a discrepancy exists between the sum of individual prices and the total submitted, Tenderers will be invited to either:

5.3.1 Amend their prices, where this is in the favour of the Authority; or

5.3.2 Withdraw their bid

5.4 The total value from the submitted price for evaluation will be awarded a score proportionate to the lowest priced bid according to the following formula:

score = (lowest bid received / bid price) x available score

5.5 Abnormally low bids distort evaluation of tenders, and where the Authority considers a tender to fall into this category the Tenderer will be required to explain the price or costs proposed in their tender in accordance with the guidelines laid out in regulation 69 of the Public Contracts Regulations 2015.

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6 Evaluation Scoring & Weightings6.1 The marks available, relative weightings, and total score available for each element of the

assessment are as shown in the table below:

6.1.1 Quality Assessment Scoring Table (90%):

Question Marks available

Weighting Total

Play (or Functional Value)

5 9 45

Product Range 5 7 35Warranty Guarantees

5 3 15

Presentation 5 1 5

6.1.2 Price Assessment Scoring Table (10%):

i) Lot 1 – Activity Trail

Description of Goods Total Price excluding VAT

Lot 1 – Activity Trail £

ii) Lot 2 – Children’s Play Equipment

Description of Goods Total Price excluding VAT

Lot 2 – Children’s Play Equipment £

6.2 In the event of tied overall scores, the Authority will use the quality element score to determine the relative positions of the tied Tenderers within the overall ranking.

7 Final Qualification Check and Award of Contract.7.1 Prior to being awarded a contract, if not already supplied, the leading Tenderer may be

asked to provide documentary evidence to substantiate their responses to the Supplier Questions. At the very least, we will ensure that Tenderers meet the minimum standards established in respect of:

7.1.1 Financial stability;

7.1.2 Insurance policies & indemnity limits;

7.2 The Authority will also request evidence of any other element(s) covered by the Supplier Questions where this is deemed material to the subject matter of the contract.

7.3 Should the leading Tenderer be unable to satisfy the Authority's requirements in this respect, their tender will be dismissed and the next placed Tenderer asked to provide their supporting evidence; continuing until the highest placed Tenderer able to satisfy the criteria will be awarded the contract.

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Section 4: Project Brief1 General1.1 As standard, the Authority will require a guarantee of 25 years on all steelwork, 10 years on

galvanising, 10 years on HPL panels, 5 years on powder coated / painted finishes and compact grade laminate, 2 years on bearings & springs and 2 years on swing / roundabout seats and 2 years on nets and ropes.

1.2 It is anticipated that any contract resulting from this exercise will be awarded from W/C 10 th

September 2018 as per the Indicative Procurement Timetable.

1.3 Suppliers must be a member of the Association of Play Industries (API) in order for the quotation to be compliant.

1.4 All equipment is to be delivered to the below address:

Ashfield District Council - Northern DepotStation Road, Sutton in Ashfield, Nottinghamshire. NG17 5HB

1.5 Site Address: Broomhill Park, off Lime Tree Road, Hucknall, Nottingham. NG15 6BA

1.6 It is the responsibility of the tenderer to carry out site surveys to inform their design including the impact of the services and ground conditions. The Authority will not accept any responsibility for additional costs incurred as a result of insufficient surveys.

1.7 To arrange a site visit please contact Ashfield District Councils, Place & Projects Officer: Mr Lee Sycamore on 01623 457 300 or email [email protected]

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Section 5: SpecificationThis section will form part of the Contract Agreement.

1 Introduction1.1 The authority is seeking to obtain tendered quotations for the design, supply and delivery of

play equipment for a new play area at Broomhill Park in Hucknall. Tenderers are required to base their bids on compliance with the following brief and specification.

2 Project Background & Overview

2.1 This project aims to provide an exciting new children’s play provision for the communities of Broomhill; Welbeck and Abbey Fields estates in Hucknall. Broomhill Park (previously known as Lime Tree Recreation Ground) is an existing area of public open space located on the south side of Hucknall in Ashfield. It is owned and routinely maintained by Ashfield District Council.

2.2 The park has received little investment in recent years and activities for younger residents are seen as a priority for the community. Since summer 2017 the Authority along with support from the local community has been working on proposals to secure funding for a new children’s play area. Through a comprehensive progression of consultations and workshops, design ideas have been prepared with the local residents and community groups. The outcome of these sessions have informed the masterplan and following outline specification for advance purchase of play equipment.

2.3 Funding has been secured through S106 contributions and the WREN Community Fund.

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3 General Requirements for Play Equipment

3.1 The contract will be broken down into two separate Lots. Tenderers are invited to bid for all or any number of Lots and shall provide separate prices for each individual Lot within the Pricing Schedule.

3.2 All proposed play equipment shall be certified to EN 1176. Where an item of play equipment does not fit into the EN1176 standard a full risk assessment must be provided for that equipment.

4 Specific RequirementsQuotations are invited for SUPPLY ONLY including delivery of the following items:

4.1 LOT 1 : Children’s Activity Play Trail A timber activity trail is to be located outside of the formal equipped play area, alongside the main footpath. The activity trail must contain a minimum of three separate pieces of main equipment accessed and linked by low stepping posts. The selection and linear arrangement of the main equipment must provide an exciting and challenging provision for coordination and balance for children aged over 5+ years.

Play value / functional value to include the following main activities –

Imagination Learning Integrating with others Fitness Balancing Climbing

The appearance of timber equipment for the activity trail is preferred by residents. They felt timber would provide a more natural character, outside and separate to the formal play area. Local examples at Titchfield Park were given as the preferred style of equipment. The equipment will be suitable for ‘soft dig’ installation into an existing grassed area with minimal need for rubber grass-mat safer surfacing - other than wear pads.

Product to comply with and be certified to BS EN 1176. All non-stainless steel work to be polyester powder coated. All steel unless stainless to be hot dipped galvanised to BS EN 1461:2009. Anti-tamper fixings. All rope nets and climbing ropes are to be manufactured from multi

filament 16 mm diameter polypropylene ropes with galvanised steel wire. Constructed from Robinia heart wood with associated stainless / robust fixings and fixtures. Park users identified the following units as their favourite. : Raised stilts, bridge, balance

beam / wobble log.

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4.2 LOT 2 : Equipped Area for Play A new play area is proposed to the centre of the Park, 30m from the boundary of the nearest dwelling. The selection of equipment will be prescriptive in character with modern variations of play equipment. The outline specification of the play area is defined as:

“Children’s Play Area” means a metal fenced area of public open space with self-closing safety gates for toddlers which has a minimum area of at least 350m² equipped with at least 6 pieces of suitable and mixed play equipment for toddlers & juniors surfaced with EPDM wet pour safety surface and equipped with litter bins and seats. Traditional play equipment should provide a range of activities for children’s of all abilities and ages up to 12 years.

Play value / functional value to include the following activities –

Imagination Learning Integrating with others Fitness Balancing Crawling Inclusive Sliding Climbing

It is suggested the following range of equipment is considered:

Modular Toddler Multi-Play Unit (Inclusive)A multi-play unit with a minimum of three ways to climb or descend and provide the following play features: climbing / sliding / balancing / scrambling & crawling across a minimum of two low level platforms, connected by a bridge / walkway.

Modular Junior Multi-Play Unit (Inclusive)A multi-play unit with a minimum of five ways to climb or descend and provide the following play features: climbing / sliding / balancing / scrambling & crawling across a minimum of two high level platforms, connected by a (rope) bridge / walkway.

Modular Junior Climbing Unit A challenging climbing unit with different ways to climb or descend and to provide the following play features: climbing / sliding / balancing / scrambling & crawling.

Roundabout or spinning bowlAn above ground mini-roundabout and / or spinning bowl.

Seesaw / Rocker

Toddlers Swings (1.8m high frame with 2nr. cradle seats)

Junior Swings (2.4m high frame with 2nr. flat seats)

Where possible metal equipment / components with inclusive elements are preferred. No trampolines or tunnels please.

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5 Further Information and QueriesOrganisations should seek to clarify any questions that they may have in relation to the Authority’s requirement before submitting their proposal. All such requests for clarification should be submitted to the Authority via the EastMidsTenders electronic tendering website: www.eastmidstenders.org from where the document was downloaded.

Questions arising during the quotation period which in the Authority’s judgement are of material significance will be responded to via the EastMids Tenders electronic tendering portal and copied to all Organisation(s) for their consideration when preparing their own bids, and bids will be evaluated on the assumption that they have done so.

The deadline for receipt of clarification questions is 24th August 2018, 4.00pm.

6 Continuous Improvement6.1 It is a requirement that the Contractor shall continuously seek to identify efficiencies and

improvements and to reduce any occurrences of poor performance over the life of the contract; the Authority will work with the Contractor to identify and prioritise any areas of improvement so identified.

6.2 Proposals should be presented by the Contractor to the Authority's representative demonstrating:

6.2.1 Enhancements and benefits to the service

6.2.2 Cost implications for maintenance and operation

6.2.3 Programmes for implementation

6.2.4 Contractor and Employer resource requirements

7 Sustainable Procurement7.1 According to the UK Government's Sustainable Procurement Taskforce, sustainable

procurement is defined as a process whereby organisations meet their needs for goods, services, works, and utilities in a way that achieves value for money on a whole life basis in terms of generating benefits not only to the organisation, but also to society and the economy, whilst minimising damage to the environment.

7.2 Sustainable Procurement should consider the environmental, social and economic consequences of: Design; non-renewable material use; manufacture and production methods; logistics; service delivery; use; operation; maintenance; reuse; recycling options; disposal; and the Contractor's capabilities to address these consequences throughout the supply chain. The Contractor should have due regard to these in the performance of their duties.

8 Environmental Impact8.1 This contract will involve moderate amounts of spoil and waste, and reducing the

environmental impact of this is key to successful delivery of the contract objectives. The Contractor will therefore be required to use reasonable endeavours to limit the impact of their activities on the environment, including (but not limited to) consideration of the following:

8.1.1 Reducing their carbon footprint

8.1.2 Reducing the volume of waste produced, especially where requiring specialist disposal or landfill.

8.1.3 Increasing the proportion of materials reused / recycled

8.1.4 Reducing energy use, and increasing energy efficiency and self-sufficiency

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8.1.5 Ensuring compliance with Site Specific rules – Site is adjacent to a watercourse, and spoil must be stockpiled away from sloping banks to avoid deposits from entering the watercourse. There is ample room to do this in these works.

9 Economic Impact9.1 Ashfield District Council places the highest priority on putting citizens at the heart of

everything it does. In the current economic climate, the challenge is to balance ever-decreasing budgets to deliver effective value for money at the same time as supporting local communities and local businesses. To help achieve this, the Employer has adopted a strategic policy to leverage its tendering activity to support and encourage local businesses, and thereby to stimulate economic development and growth within the district and surrounding areas.

9.2 Due to the high value of spend attached It is expected that this project may involve a substantial supply chain, including undertaking of services and works and the supply of materials and equipment. The Contractor will be required to actively consider ways in which they can include local companies in their supply chain for the successful delivery of this contract.

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Section 6: Quality Assessment10 Quality Assessment Instructions10.1 Your tender response should describe clearly and concisely how you would fulfil the

requirements laid out in the Specification, paying close attention to the following points:

10.1.1 If you are tendering for more than one Lot, please provide a separate response for each of the Lots for which you are bidding, taking into account the specification details provided for each Lot; where the answers are identical, these may be copied and pasted into the separate responses, but may not be crossed referenced as in "…for answer see X".

10.1.2 Each lot is a complete and self-contained submission and each answer clearly identified with the question number and lot number.

10.1.3 Within the submission, Tenderers are to provide a response to each question in the qualitative section for each and every Lot they are bidding for.

10.1.4 If we are unable to determine which response is for which question or which lot the question relates to, we may be unable to evaluate it and you may be awarded a score of zero for that element.

10.1.5 Please ensure that your responses to the questions relate to the project brief; the specification; any additional background documents provided; and where applicable, to the specifics of the Lot(s) for which you are bidding.

10.1.6 For each quality assessment question, please ensure that no more material is provided than is required to answer the question. In particular, please avoid the following:

i) Additional information outside the scope of the question;ii) Details about your company that have not been requested and don't add clarity

to the response;iii) 'Sales pitch' type information.

10.1.7 For each written question, please ensure that no more material is provided than any limit stated in the question (for written responses this includes pictures / photographs, and should use Arial font size 12). Any material provided exceeding this limit will not be considered as part of the evaluation and will not contribute towards the score for that element.

10.1.8 Additional appendices or attachments, unless specifically requested in the Quality assessment Questions section, will not be considered as part of the submission, and will not count towards the score awarded for any element.

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1 Play ValueTenderer’s response limit: 1 page of A4

Weighting 9

Explain the design rationale for the layout and selection of proposed play equipment. Your response should demonstrate how the proposals meet and where possible exceed the outline specification, in particular any added value of play features or characteristics that are unique to the design.

2 Product RangeTenderer’s response limit: 6 pages of A4

Weighting 7

Provide a detailed specification for each piece of proposed play equipment describing its intended age range, inclusiveness, play value, height, footprint and requirements for safer surfacing etc...

Confirm the anticipated lead in time for supply and delivery of all equipment. State origin of equipment manufacture.

3 Warranties & Guarantees Tenderer’s response limit: 1 page of A4

Weighting 3

List and summarise details of all warranties and guarantees for the supply of equipment / component and fixings. Including any accreditations / affiliations eg. EN ISO 9001 & ISO 14001 (Section 4.0 Item 32.1 gives the Authority’s minimum requirements.)

Provide separate copies of evidence for testing or certificates. Confirm the availability of spare / replacement parts.

4 PresentationTenderer’s response limit: 2 sheets of A1

Weighting 1

Provide up to 2x A1 illustrative proposals for the play area, typically this should

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include:(i) a CAD layout plan showing the arrangement of all equipment, fencing and

furniture, free space around the equipment and any extent of safer surfacing required.

(ii) A supporting artistic visual or CGI image that best demonstrates the proposed scheme and which may be used for public consultation purposes.

Please remove all company logos from any illustrative proposals. As well as electronic submission through the e-tendering portal 1 x hard copies of

the visuals must be clearly marked BROOMHILL PARK TENDER - DO NOT OPEN and sent to:

Mr Lee Sycamore, Place & Projects Officer, Place & Wellbeing Team, Ashfield District Council. Urban Road, Kirkby-in-Ashfield, Nottinghamshire. NG17 8DA

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Section 7: Supplier Details

Name of legal entity or sole-trader

Unique name of legal entity or name of individual

Trading Name(if different to above)

Contact Details in relation to this invitation to quote

Title

Forename

Family name

Job title

E-mail

Telephone no.

Address line 1

Address line 2

Address line 3

Town

County

Post Code

Company registration numbers (Where applicable)

Registration number with Companies House

Registration number with equivalent body (e.g. FCA)

Charity registration number

VAT registration number

Company Structure

Type of organisation(e.g. PLC, Ltd, LLP, CIC, IPS; Other partnership; Sole trader)

Size of organisation: Please state total number of employees(including directors and part-time staff)

Type of insurance Minimum required: Supplier's standard level of indemnity:

Employers' liability £10,000,000

Public liability £5,000,000

Professional Indemnity £2,000,000

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11 Equal Opportunity & Diversity Policy and CapabilityOptional Question Module O1: Equal opportunity and diversity policy and capabilityQuestion Description of information in support

of response, which will be taken intoaccount in assessment

YES NO

O1-Q1As an Employer, do you meet the requirements of the positive equality duties in relation to the Equalities Act 2010?

Applies to both public and private procurement.

In respect of O1-Q1, copies of:

O1-Q1-1 relevant instructions or written statement / evidence of relevant actions.

O1-Q1-2 relevant guidance or written statement / evidence of relevant actions.

O1-Q1-3 relevant policies / literature or written statement / evidence of relevant actions.

O1-Q1 4 evidence of where you believe these policies have made a difference.

O1-Q2Is it your policy as an employer to comply with anti-discrimination legislation, and to treat all people fairly and equally so that no one group of people is treated less favourably than others?

No supporting evidence required.

O1-Q3In the last three years, has any finding of unlawful discrimination been made against your organisation by any court or industrial or employment tribunal or equivalent body?

Details of any findings.

12 Health & safety policy and capabilityQuestion Example of the type of information in support of

responses, which will betaken into account in assessment

YES NO

C4-Q2Are you able to show that you have a general policy and an organisation that is responsible for ensuring effective health and safety (H&S) management?

Evidence of periodically reviewed general H&S policy, signed and dated by a senior person within the organisation. The H&S policy should also contain the organisation and arrangements. These should be relevant to the anticipated nature and scale of activity to be undertaken, and set out responsibilities for H&S management at all levels in the organisation. (If a supplier has fewer than five employees it is not legally required to write down its general policy, organisation, or arrangements. However, it does need to be able to show that its arrangements are adequate in relation to the type of activity likely to be undertaken).

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Question Example of the type of information in support of responses, which will betaken into account in assessment

YES NO

C4-Q3Are you able to show your arrangements for ensuring that your H&S measures are effective in reducing/ preventing work-related incidents, occupational ill health, and accidents?

Details of the arrangements for H&S management that are relevant to the anticipated nature and scale of activity to be undertaken, and how these arrangements are communicated to workers.(If a supplier has fewer than five employees it is not legally required to write down its general policy, organisation, or arrangements. However, it does need to be able to show that its arrangements are adequate in relation to the type of activity likely to be undertaken).

13 Quality Management Policy & CapabilityOptional Question Module O3: Quality management policy and capabilityExemption Exemption claimed

O3-Q1The questions O3-Q2 to O3-Q6 need not be completed if your organisation holds a certificate of compliance with BS EN ISO 9001(or equivalent) issued by a Conformity Assessment Body accredited to provide conformity assessment services to that standard3 e.g. accredited by UKAS, and can provide information to evidence this.

Yes

No

Question Description of information in support of response, which will be taken into account in assessment

YES NO

O3-Q2Do you have a policy and organisation for quality management?

Evidence that your organisation has and implements a quality management policy that is authorised by the Chief Executive or equivalent and periodically reviewed at a senior management level. The policy should be relevant to the nature and scale of the work to be undertaken and set out responsibilities for quality management throughout the organisation.

O3-Q3Do you have arrangements for ensuring that your quality management, including the quality of construction output and general performance, is effective in reducing / preventing incidents of sub-standard delivery?

Evidence that your organisation keeps copies of documentation setting out quality management organisation and procedures that meet currently agreed good practice. These should include the arrangements for quality management throughout the organisation. They should set out how the company will carry out its policy, with a clear indication of how the arrangements are communicated to employees / other workforce.

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14 Environmental Management Policy & CapabilityOptional Question Module O2: Environmental management policy and capabilityExemption Exemption claimed

O2-Q1 The questions in this module need not be completed if your organisation holds a UKAS (or equivalent) accredited independent third party certificate of compliance with BS EN ISO 14001 or a valid EMAS certificate, and can provide the supporting evidence requested.

Yes

No

Question Description of information in support of response, which will be taken into account in assessment

YES NO

O2-Q2Do you have a documented policy and organisation for the management of construction-related environmental issues?

Evidence that you or your organisation has an environmental management policy authorized by the Chief executive or equivalent and regularly reviewed. The policy should be relevant to the nature and scale of the activity and set out the responsibilities for environmental management throughout the organisation.

O2-Q3Do you have Documented arrangements for ensuring that your environmental management procedures are effective in reducing / preventing significant impacts on the environment?

Evidence that your organisation’s environmental policy implementation plan provides information as to how the company aims to discharge relevant legal responsibilities and provides clear indication of how these arrangements are communicated to the workforce, in relation to environmental matters including:• Sustainable materials procurement;• Waste management;• Energy management.This should include the arrangements for responding to, monitoring and recording environmental incidents and emergencies and complaints.

15 Steel ProcurementPlease provide responses as a separate attachment giving the answers to the following.

1) Please describe the supply chain management systems, policies, standards and procedures you currently have in place to ensure robust supply chain management

2) Please provide details of previous similar projects where you have demonstrated a high level of competency and effectiveness in managing of all supply chain members involved in steel supply or production so that there was a sustainable and safe supply of steel.

3) Please provide all the relevant details of previous breaches of health and safety legislation in the last 5 years, applicable to the country in which you operate, on comparable projects, for both:

(i) Your company(ii) All your supply chain members involved in the production or supply of steel.

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16 ReferencesPlease provide the contact details for an appropriate referee who can be contacted for a reference.

The authority reserves the right to eliminate suppliers who fail to provide adequate referees where requested, or whose referees provide unsatisfactory references for the projects indicated. We may, however, choose to seek additional clarification where it is deemed necessary to properly evaluate the response.

Referee 1:

Name of customer organisation

Point of contact in the organisation

Position in the organisation

E-mail address

Referee 2:

Name of customer organisation

Point of contact in the organisation

Position in the organisation

E-mail address

Referee 3:

Name of customer organisation

Point of contact in the organisation

Position in the organisation

E-mail address

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