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INVITATION TO TENDERINSTRUCTIONS TO TENDER

Community Hubs/Offices ProgrammeBuilding Works PS/2015/976

ContentsPage

1. SUMMARY CONTRACT DETAILS...........................................................................................4

2. DEFINITIONS............................................................................................................................5

3. INTRODUCTION.......................................................................................................................6

4. INSTRUCTIONS TO TENDERERS...........................................................................................6

4.1 NOTIFICATION OF INTENTION TO TENDER...............................................................................64.2 INVITATION TO TENDER..............................................................................................................64.3 FURTHER INFORMATION.............................................................................................................74.4 PREPARATION OF TENDERS......................................................................................................74.5 SUBMISSION OF TENDERS.........................................................................................................84.6 GENERAL....................................................................................................................................... 84.7 TRANSPARENCY AGENDA AND THE PUBLISHING OF CONTRACTS......................................9

5. PROCUREMENT TIMETABLE..................................................................................................9

6. LEGAL ISSUES.........................................................................................................................9

6.1 THE CONTRACT............................................................................................................................ 96.2 TENDERING PROCESS..............................................................................................................106.3 PERFORMANCE BOND AND/OR PARENT COMPANY GUARANTEE......................................106.4 EQUAL OPPORTUNITIES...........................................................................................................106.5 FREEDOM OF INFORMATION....................................................................................................106.6 EMPLOYEE ISSUES.................................................................................................................... 116.7 DISCLOSURE AND BARRING SERVICE FORMERLY (CRB) DISCLOSURE............................116.8 PUBLIC SERVICES (SOCIAL VALUE) ACT 2012..................................................................................12

7. INFORMATION REQUIRED....................................................................................................13

7.1 GENERAL..................................................................................................................................... 137.2 INFORMATION TO BE PROVIDED.............................................................................................13

8. TENDER EVALUATION AND AWARD CRITERIA.................................................................14

9. THE EVALUATION PHASES:.................................................................................................16

9.1 PHASE 1: COMPLIANCE CHECKS......................................................................................................169.2 PHASE 2: EVALUATION OF TENDER RESPONSES...............................................................................179.3 PHASE 3: SCORE REVIEW...............................................................................................................179.4 PHASE 4: FINAL EVALUATION REPORT AND RECOMMENDATION.........................................................179.5 PHASE 5: APPROVALS..................................................................................................................... 179.6 TECHNICAL AND QUALITY QUESTION SCORING CRITERIA:...................................................................18

10. CLARIFICATION MEETINGS, SITE VISITS AND TENDERER INTERVIEWS..................18

10.1 PRE-SUBMISSION CLARIFICATION MEETINGS....................................................................................1810.2 SITE VISITS.................................................................................................................................... 1910.3 POST-SUBMISSION CLARIFICATIONS.................................................................................................1910.4 TENDERER INTERVIEWS................................................................................................................... 19

11. TENDER QUESTIONNAIRE...............................................................................................19

11.1 NOTES FOR COMPLETION................................................................................................................1911.2 VERIFICATION OF INFORMATION PROVIDED.......................................................................................2011.3 CONSORTIA ARRANGEMENTS...........................................................................................................2011.4 CONFIDENTIALITY............................................................................................................................ 2111.5 ASSESSMENT.................................................................................................................................. 2111.6 SCORING SYSTEM........................................................................................................................... 22

1. SUPPLIER INFORMATION....................................................................................................23

2. GROUNDS FOR MANDATORY EXCLUSION.......................................................................26

V0.705 October 2015 Page 1

3. GROUNDS FOR DISCRETIONARY EXCLUSION – PART 1................................................30

3.1 THE AUTHORITY MAY EXCLUDE ANY BIDDER WHO ANSWERS “YES” IN ANY OF THE FOLLOWING SITUATIONS SET OUT IN PARAGRAPHS (A) TO (I);............................................................................................30

3.2 CONFLICTS OF INTEREST................................................................................................................. 323.3 TAKING ACCOUNT OF BIDDERS’ PAST PERFORMANCE.......................................................................323.4 ‘SELF-CLEANING’............................................................................................................................. 32

4. GROUNDS FOR DISCRETIONARY EXCLUSION – PART 2................................................33

5. ECONOMIC AND FINANCIAL STANDING............................................................................35

6. TECHNICAL AND PROFESSIONAL ABILITY.......................................................................36

7. ADDITIONAL QUESTIONNAIRE MODULES.........................................................................38

7.1 A – PROJECT SPECIFIC QUESTIONS TO ASSESS TECHNICAL AND PROFESSIONAL ABILITY....................387.2 B – INSURANCE.............................................................................................................................. 387.3 C – COMPLIANCE WITH EQUALITY LEGISLATION.................................................................................387.4 D - ENVIRONMENTAL MANAGEMENT.................................................................................................397.5 E - HEALTH AND SAFETY................................................................................................................. 39

8. DECLARATION.......................................................................................................................41

Appendices

APPENDIX 1 - PRICING SCHEDULE 42

APPENDIX 2 – Form of Tender 43

APPENDIX 3 - ANTI-COLLUSION CERTIFICATE 44

APPENDIX 4 - ANTI-CANVASSING CERTIFICATE 45

APPENDIX 5 - JCT Intermediate Building Contract (with contractor's design) 2011 46

APPENDIX 6 - Thurrock Z clauses


IMPORTANT NOTICE

This Invitation to Tender (“ITT”) has been prepared by Thurrock Council for use by those Tendering for the Contract (“Tenderers”), their professional advisers, and other parties essential to preparing the Tender for the Contract and for no other purpose.

The information contained in this ITT and all subsequent information and documents sent to you by Thurrock Council pursuant to this procurement must be treated as confidential and must not be disclosed to any third party. If you are unable to comply with this requirement you must destroy this ITT and all associated documents immediately and not retain any electronic or paper copies.

No warranties or opinions as to the accuracy or completeness of any information provided in, or which accompanies, this ITT or otherwise or as to the powers and/or status of Thurrock Council shall be given at any stage by Thurrock Council and any liability for any inaccuracy or incompleteness is therefore expressly disclaimed by Thurrock Council.

Any person considering making a decision to enter into contractual relationships with Thurrock Council or any other person on the basis of the information provided by or on behalf of Thurrock Council must make their own investigations and form their own opinion in relation to the status, completeness and accuracy of all such information and in relation to the status and/or powers of Thurrock Council.

Your attention is drawn to the fact that, by issuing this ITT, Thurrock Council is in no way committed to awarding any contract and reserves the right to cancel the Tendering process at any point. Thurrock Council shall not be liable for any costs resulting from any cancellation of this Tendering process nor for any other costs incurred by those expressing an interest in or Tendering for this contract opportunity.

You are deemed to fully understand the process that Thurrock Council is required to follow under relevant European and UK legislation, particularly in relation to the Public Contracts Regulations 2015.


1. SUMMARY CONTRACT DETAILS1

ITEM CONTRACT DETAILS

Contract Reference PS/2015/976Contract Description: Building works for the refurbishment of 4nr sub-

offices at Corringham, South Ockendon, Tilbury and Purfleet.

[Lots] N/APeriod of Contract: January 2016 – May 2016 with provision for

extension for supplementary works if required by Thurrock Council

Contact Point: Any queries should be addressed to Phil Dale using the ‘Message Centre’ facility on the Delta E-Tendering system.

Date and time for Tender return:

06 November 2015 at 12 noon


2. DEFINITIONS2

“Authorised Officer”

a term used to refer to the Responsible Officer.

“Closing Date” the closing date for the submission of Tenders being 12 Noon 06 November 2015

“Contract”

the contract to be entered into by Thurrock Council with the Contractor in relation to the Project consists of the Thurrock Council standard terms and conditions (unless otherwise advised in this ITT by Thurrock Council) together with the special terms and conditions (if any) as set out in The sample contract APPENDIX 5 of this ITT;

“Contractor(s)” the firm(s) selected to enter into the Contract with the Council; “Contract Period” the duration of the Contract;

“eTendering” An electronic procurement process management tool that automates the stages of Tender workflow.

“ITT” this Invitation to Tender including all appendices;Most Economically Advantageous Tender (MEAT)

the Tender which Thurrock Council has evaluated as representing the best all round value taking into account factors other than or in addition to price such as quality, technical merit and running costs.

“Project”the procurement of works for the refurbishment of 4 number sub-offices at Corringham, South Ockendon, Tilbury and Purfleet.

[“Services”][“Supplies”][“Works”]

the works to be provided by the Contractor under the Contract

“Tender(s)” the proposal(s) submitted by the Tenderer(s) in response to this ITT;

Public Services (Social Value) Act 2012

The Public Services (Social Value) Act 2012 came into effect on 31 January 2013 and places a duty upon the council, its commissioners and its procurers to consider, at pre-procurement stage, how what is to be procured may improve the social, economic and environmental well-being of the Council’s area and how they might secure any such improvement.


3. INTRODUCTION 3Please refer to the Thurrock Council’s website www.thurrock.gov.uk for further details on the Council.

Thurrock Council’s requirement under this Contract is for refurbishment of 4nr sub-offices at Corringham, South Ockendon, Tilbury & Purfleet, specifically:

Tilbury & Purfleet - Full refurbishment of both offices South Ockendon - Minor alterations to 1nr room Corringham - Creation of 2nr rooms & enlarge existing staff room within

library

Works comprise generally of the following: Intrusive structural surveys of Tilbury and Purfleet sites prior to works beginning Strip out existing works to allow for refurbishment Structural works associated with removal of existing walls (Tilbury and Purfleet

sites) Construct stud walls to form offices, meeting rooms, etc Supply and install timber veneer doors, frames and ironmongery Supply and lay carpet and/or vinyl Supply and install metal pan ceilings/plasterboard ceilings Joinery works: Kitchen, wardrobes etc Mechanical and Electrical Services:

- Lighting and small power- Heating and cooling- Fire alarm and security- Data

Anticipated timescales/programme: Commencement: January 2016 Completion: May 2016 (Anticipated)

4. INSTRUCTIONS TO TENDERERS

4.1 NOTIFICATION OF INTENTION TO TENDER

Please email Phil Dale via the Delta e Tendering Solution by 12 noon Friday 16 October 2015 to confirm whether you intend to submit a Tender. You should also confirm your lead contact details if you have not already done so.

4.2 INVITATION TO TENDER

Please read this ITT carefully and ensure that you are fully familiar with the nature and extent of the obligations on you if your Tender is successful.All documents requiring a signature must be signed as follows:

a) Where the Tenderer is a company, by two directors or by a director and the secretary of the company, provided that such persons are authorised for this role; or

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

Only one Tender is permitted per Tenderer. If a Tenderer submits more than one Tender, only the one with the latest time and date of receipt noted will be evaluated, any other Tenders will be disregarded.


4.3 FURTHER INFORMATION

If you have any questions or require any clarification please email using the Message Centre facility on the Delta E-Tendering system. Emails received outside of the Message Centre may be disregarded and telephone enquiries will NOT be accepted.

Any questions must be received no later than close of business on 23 October 2015 Questions received after this time will NOT be answered.

Please note: that any questions submitted and Thurrock Council’s responses may, at Thurrock Council’s discretion, be circulated to all Tenderers, subject to Thurrock Council accepting an assertion made by a Tenderer at the time of question submission that the subject matter of a question relates specifically to a Tenderer’s response and is therefore confidential.

Thurrock Council reserves the right to issue supplementary documentation at any time during the Tendering process to clarify or amend any aspect of the ITT or any of the documents referred to in the ITT. All such further documentation shall be deemed to form part of the ITT and shall supersede any part of the ITT to the extent indicated.

4.4 PREPARATION OF TENDERS

All documents submitted as part of your Tender must be written in English or a full English language translation provided at no cost to Thurrock Council. Only the translated English version will be evaluated.

You must ensure that your Tender refers to the requirements set out in Section 7 of this ITT. Please DO NOT provide additional attachments or documents unless requested to do so. These will not be read and will not be taken into account in the evaluation of your Tender

Thurrock Council requires ALL the following documents to be submitted as a minimum for your Tender to be accepted:A signed and completed;

a) Form of Tender (Appendix 2); and b) Certificate of Non-Collusive Tendering (Appendix 3); and c) Certificate of Non-Canvassing (Appendix 4);d) Completion of the Tenderer Questionnaire;e) Tender Response including the information required in Section 7;f) Completed Pricing Schedule (Appendix 1);g) Confirmation that your circumstances and information as certified in your

submission to the Pre-Qualification Questionnaire have not changed.

Failure to provide ALL of the information required or to meet the requirements of this document may result in your Tender NOT being considered by Thurrock Council due to it being a non-compliant Tender.

4.5 SUBMISSION OF TENDERS

Completed Tenders must be returned online via the Delta E-Tendering Solution.PLEASE DO NOT SEND HARD COPIES AS THESE WILL NO LONGER BE ACCEPTED


Failure to return your Tender in the correct manner may result in your exclusion from consideration for the Contract.

The Closing Date for submission of a Tender is 12 noon on 06 November 2015 Thurrock Council reserves the right to reject Tenders received after the Closing Date. Fax, postal and email submissions will not be considered.

4.6 GENERAL

Thurrock Council may, at its absolute discretion, extend the Tendering period and postpone or change the Closing Date, for any reason.

Your tender, and the prices quoted therein, must remain valid for a minimum period of 90 days from the Closing Date. Please specify an expiry date for your Tender in your Tender Response.

Tenderers must obtain for themselves, at their own expense, all information necessary for the preparation of their Tenders and must satisfy themselves that they fully understand the requirements of the Contract.

In accordance with Thurrock Council’s Contract Procedure, Thurrock Council seeks to award the contract on the basis of the Most Economically Advantageous Tender. There is an option to award on a full life cycle costing which can include price/quality ratio assessment, including social and environmental requirements provided they relate to the contract.

No officer, employee, agent of or any consultant engaged by Thurrock Council has the authority to give any undertaking, guarantee or warranty or make any representation (express or implied) in relation to this ITT or any other matter relating to the Contract.

Prior to the award of the Contract no publicity by Tenderers regarding this Tendering process or the Contract is permitted. Once the Contract has been awarded, in accordance with the Contract, no publicity is permitted without the prior written consent of Thurrock Council.

No alteration to the successful Tenderer’s position post award of the Contract will be accepted, unless this is due to external factors beyond the control of the Tenderer, is acceptable to Thurrock Council and is in accordance with any applicable legislation.

Thurrock Council reserves the right to disqualify any Tenderer whose circumstances change to the extent that the Tenderer ceases to meet the qualification criteria in the Pre-Qualification Questionnaire, or who makes material changes to any aspect of its Tender, unless substantial justification can be provided to the satisfaction of Thurrock Council and such change is in accordance with procurement law.

Subject to Thurrock Council’s legal and regulatory obligations from time to time and Freedom of Information See section 6.5 of this ITT), Thurrock Council will respect the confidentiality of each Tenderer’s work and will not disclose any aspect of their submission to another Tenderer, save that Thurrock Council reserves the right to inform all Tenderers, in identical terms, if an issue of general application to the Tendering process emerges by way of clarification or otherwise.

4.7 TRANSPARENCY AGENDA AND THE PUBLISHING OF CONTRACTS


The Tenderer in submitting its Tender will agree that it will assist, if required, the Council in complying with its obligations under the government's transparency agenda, which requires the Council to publish the Tender Questionnaire and the ITT and the text of the contract documentation to be signed with the winning Tenderer (the "Agreement"), and the Tenderer gives its consent for the Council to publish the text of the Agreement, and any schedules to the Agreement in its entirety, including from time to time agreed changes to the Agreement, to the general public in whatever form the Council decides.

The Tenderer in submitting its Tender will acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the Freedom of Information Act (“the Act”) the text of the Agreement, and any schedules to the Agreement, is not confidential information. The Council shall be responsible for determining in its absolute discretion whether any part of the Agreement or its schedules is exempt from disclosure in accordance with the provisions of the Act.

5. PROCUREMENT TIMETABLE The proposed timetable below is subject to change and is provided by way of guidance only. Thurrock Council reserves the right to amend this timetable at its absolute discretion at any time during the Tendering process.

KEY EVENT DATE

ITT Publication Date 09/10/2015

Confirmation of intention to submit a tender 16/10/2015

Questions to be submitted by 23/10/2015

Closing date for Tender submissions 12 Noon 06/11/2015

Post-Submission Clarification Meeting (if required) 12/11/2015

Notification of result of evaluation 20/11/2015

Expected date of award of Contract 23/11/2015

Contract Commencement 04/01/2016

6. LEGAL ISSUES 6

6.1 THE CONTRACTThe contractual terms required by Thurrock Council as attached to this ITT.

The proposed contract JCT Intermediate Building Contract with contractor’s design (ICD)

The duration of the Contract is five calendar months. Any extension will be managed as a formal written variation to contract.

6.2 TENDERING PROCESS


This Tendering process and the subsequent Contract to be entered into will be subject to English law and the exclusive jurisdiction of the English Courts.

This procurement complies with the Thurrock Council’s Contract Procedure Rules and Thurrock Council cannot enter into any negotiations on the Contract.

Contract award will be conditional on the Contract being approved in accordance with Thurrock Council’s internal procedures and Thurrock Council being generally able to proceed.

After confirmation of Contract award to the successful Tenderer(s) and until the execution of the Contract, the Tender (as accepted by Thurrock Council) will form a binding contract between Thurrock Council and the successful Tenderer(s) upon the terms and conditions of the Contract.

6.3 PERFORMANCE BOND AND/OR PARENT COMPANY GUARANTEE

[Thurrock Council reserves the right to require the successful Tenderer to provide, as security for the performance of the Contract, a performance bond, and/or may require the parent company of the successful Tenderer to guarantee the performance of the Contract. Should Thurrock Council require such security it will be a condition of appointment that you have confirmed in your Tender Submission that the Form of Performance Bond and Parent Company Guarantee are acceptable and that you undertake to procure the delivery of such duly executed and valid agreements as are required by Thurrock Council at the same time as the Contract.]

6.4 EQUAL OPPORTUNITIES

Thurrock Council is an equal opportunities employer and has various statutory duties to ensure that its services are delivered in a way that promotes equality and eliminates discrimination; in particular Thurrock Council must adhere to equality legislation.

Thurrock Council also expects that the successful Tenderer will promote equality, comply fully with all UK equality legislation or European equivalent, have an equalities policy and be an equal opportunities employer at all times during the Contract.

6.5 FREEDOM OF INFORMATION

In addition to Thurrock Council’s commitment to public disclosure, transparency and accountable government, Tenderers should note that Thurrock Council is subject to the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”). This means that, subject to certain exemptions, an individual may request access to any information held by Thurrock Council and Thurrock Council may disclose the information sought. This may include information on a Tender or details relating to the procurement process.

If you consider that any specific information supplied by you is either commercially sensitive or confidential in nature, please clearly state this in your Tender and mark it as such. You must also give us the reasons for the sensitivity or confidentiality. Block marking of whole Tender submissions is not acceptable. Please note, however, that Thurrock Council may still be required to disclose such information in accordance with FOIA or EIR.


Thurrock Council will endeavour to consult with you prior to making its decision on whether to disclose under FOIA or EIR information you have identified as commercially sensitive or confidential.

If you are unsure as to Thurrock Council’s obligations under FOIA and EIR regarding the disclosure of commercially sensitive or confidential information please seek independent legal advice.

6.6 EMPLOYEE ISSUES

Transfer of Undertakings (Protection of Employment) Regulations 2006

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations 2006) came into force on 6 April 2006 and apply to all transfers taking place on or after 6 April 2006.

Under the TUPE Regulations 2006, regulation 11 the transferor is obliged to notify to the transferee in writing the ‘employee liability information’ of any employee who is assigned to the organised grouping of resources or employees that is the subject of the relevant transfer.

The information that must be given is:a) The written employment particulars required to be given to the employee under the

Employment Rights Act 1996, Section 1;b) Information on any disciplinary procedure taken in relation to the employee or

grievance procedure taken by the employee within the previous two years to which the statutory dispute resolution procedures apply;

c) Information on any court or tribunal case, claim or action brought by the employee against the transferor within the previous two years, or any court or tribunal case, claim or action arising out of the employees’ employment with it that the transferor has reasonable grounds to believe that the employee may bring against the new employer; and

d) Information about any collective agreement that will have effect after the transfer in relation to the employee.

The employee liability information must include that of any person who would have been employed by the transferor and assigned into the organised grouping of resources or employees to be transferred if the individual had not been dismissed because of the transfer itself or for a non-economic, technical or organisational reason connected with the transfer, i.e. in circumstances where the dismissal is automatically unfair.

6.7 DISCLOSURE AND BARRING SERVICE FORMERLY (CRB) DISCLOSURE

Where the Service Provider is providing the Services at Council premises where it is likely their employees/representatives may have regular contact with children or vulnerable adults they may be carrying out a Regulated Activity or Controlled Activity and as such will be subject to a DBS check at the Service Providers cost.

The Service Provider should satisfy themselves as to the meaning of a Regulated Activity and a Controlled Activity which are defined in the Safeguarding Vulnerable Groups Act 2006. The Council understands that a Regulated Activity is any activity which involves contact with children under 18 or vulnerable adults that is carried out in a specified place frequently or intensively. The Council understands frequent to mean once a week or more and intensive to mean three or more days in a 30 day period or overnight.

Examples of premises where a DBS check will be required include:


Schools Childcare premises (including nurseries) Residential homes for children in care Children’s centres Adult care homes Sheltered housing for elderly persons

A more detailed list of Council premises where the Services are to be provided will be set out in the Specification which will indicate whether a DBS check is required for delivery of the Services at a particular premises.

The Council understands that individuals are involved in a Controlled Activity if they are support workers (for example cleaners, caretakers, catering staff, receptionists) in further education or healthcare settings, who perform on a frequent or intensive basis duties which give them an opportunity for contact with children or vulnerable adults. It is for the Service Provider to satisfy themselves as to the meaning of a Controlled Activity.

Prior to delivery of the Services the Service Provider shall supply the Authorised Officer with details of all persons engaged in the provision of the Services at premises where a DBS check is required. Where a DBS check is required the Service Provider must obtain an Enhanced DBS check as above - plus any additional information held locally by police forces that is reasonably considered relevant to the post applied for or the Enhanced with Lists as above - plus a check of the appropriate DBS

DBS check at their own cost in respect of each person engaged in the provision of the Services. The Service Provider must not commence delivery of the Services until the Council has been provided with satisfactory DBS disclosures.

The Authorised Officer of the Council may also notify the Service Provider if a DBS check is required when providing the Service at any other Council premises.

6.8 Public Services (Social Value) Act 2012

The Public Services (Social Value) Act 2012 (“the Act”) imposes a duty upon the Council – where the European procurement regulations apply to the contract in question – to consider, at pre-procurement stage:

a) how what is proposed to be procured might improve the economic, social and environmental well-being of the Council’s area; and

b) how, in conducting the process of the procurement, it might act with a view to securing that improvement.

The Act applies to services contracts and to mixed contracts where the ‘services’ part has the greater value.

In addition, the Council’s Social Value Strategy and Framework apply in respect of contracts to which the European procurement regulations do not apply.

7. INFORMATION REQUIRED 7

7.1 GENERAL

Your Tender must contain a response to ALL of the questions set out in this section, (“Tender Response”) using the same numbering as set out in this section.


Your Tender Response must be no more than 10 pages in length including your pricing proposal but excluding CVs.

You should note that your Tender Response will be evaluated according to the evaluation criteria set out in section 8. Tenderers should refer to the evaluation criteria when preparing their Tender Responses.

Where information is referred to in any of the evaluation criteria set out in Section 8 which is not specifically requested in this Section 7, Tenderers should nevertheless ensure that all relevant information is included within their Tender Response.

Thurrock Council may consider proposals for the method of Contract delivery which vary from the Contract requirements. Tenderers should clearly mark in the Tender Response where they are proposing an alternative method of contract delivery and describe in their Tender Response how this will benefit Thurrock Council.

Such variant proposals will be considered in the evaluation of the Tender where they impact on the evaluation criteria but will only be accepted at the sole discretion of Thurrock Council.

Tenderers may not propose amendments to the Contract. If Tenderers wish to seek clarification in relation to any provision of the Contract, they should do so by asking a clarification question and submitting that question in accordance with Section 4.3 of this ITT. Tenderers should note that responses to clarification questions may be provided to all Tenderers.

7.2 INFORMATION TO BE PROVIDED

Tenderers must provide the following information in their Tender Response failure to return may result in your submission being disqualified:

Completed Tender QuestionnaireSee Section 11 of this ITT

Response to Evaluation Criteria questionsSee Section 8 of this ITT

Form of Legal Agreements:a) Confirm that you accept the terms and conditions of the Contract (subject to any

points of clarification that have been notified to Thurrock Council during the Tendering process in accordance with the requirements of this ITT.)

b) [Confirm that you accept the terms and conditions of the Parent Company Guarantee, and the terms and conditions of the Performance Bond (subject in all cases to any points of clarification that have been notified to Thurrock Council during the Tendering process in accordance with the requirements of this ITT) and provide details of the company which will give the Parent Company Guarantee and confirm that the Parent Company will enter into the Parent Company Guarantee at the same time as you enter into the Contract. Please also confirm that the Performance Bond will be entered into at the same time as you enter into the Contract.]

8. TENDER EVALUATION AND AWARD CRITERIA8

Thurrock Council does not undertake to accept the lowest or any Tender and reserves the right to accept the whole or any part of any Tender submitted.


Each Tender will be checked for compliance with the requirements of this ITT. Tenders which are not substantially complete or which are non-compliant with the ITT may be rejected.

Amendments to the terms of the Contract that have not been approved via a pre-submission clarification and/or failure to provide confirmation that the required level of insurance is held or will be held may result in your Tender being declared non-compliant and it therefore may not be evaluated. Thurrock Council reserves the right to evaluate Tenders before declaring them non-compliant.

Where the pricing of a Tender is abnormally low Thurrock Council reserves the right to reject the Tender in accordance with the requirements for further investigation under the Public Contracts Regulations 2015.

Tenders will first be evaluated against the following requirements which will be scored on a pass/fail basis. Any Tender that scores “Fail” against any of these requirements may be deemed non-compliant and rejected without further evaluation.

Confirmation of acceptance of terms and conditions of Contract Pass/Fail 1

Tender Questionnaire (see Section 11) Pass/Fail*

Tenders will then be evaluated in accordance with the evaluation criteria set out below in accordance with the methodology set out in Section 9 to determine the most economically advantageous Tender to Thurrock Council taking into consideration the following award criteria, which Tenderers must provide in their Tender Response:

Evaluation Criteria and Sub-Criteria Expected Content Weighting Score

Available

Methodology Section50%

Total 115 marks

Ability to provide requirements in accordance with contract:The Contractor fully understands the Council’s brief/requirements against the agreed schedule of works

Meets all Council requirements i.e., quality, timescale and cost.

10% 15 marks

Understanding of Thurrock Councils objectives -The Contractor is fully conversant with agreed contract and abides by the contract terms and conditions

Reference from previous projects

5% 15 marks

Clear methodology for delivering the project and proving savings –The Contractor shows that they fully understand the

How Contractor can work on split sites and provide full support to each with regard to management, labour and materials

5% 5 marks

1 Subject to any reasonable clarification questions raised in accordance with the ITT.


Council’s brief and how this fits with the Council’s wider programmeManagement of sub-contractors –The Contractor’s programme, staffing level and value engineering options

Programme, CVs, VE schedule

5% 15 marks

Contract management -The Contractor’s proven sub-contractor management from proven projects

References

5% 15 marks

Contract management - The Contractor’s expertise in contract management

References5% 15 marks

Accountabilityi. To the Clientii. Sub-contractor to

main contractor

Structure/Organogram

5% 10 marks

Quality of proposed team delivering the project

CVs/team structure 5% 10 marks

Liaison and contact with Thurrock Council –Director in charge

CV/structure of organisation/definitive lines of reporting

5% 15 marks

Innovation Section20%

Total 15 marks

Added value and service enhancements – Build ability (review of design/specification)

Options to be provided

10% 5 marks

Service evolution and efficiency improvements over contract period – Understanding Council operational procedures and processes

Statement of commitment of understanding

5% 5 marks

Cost of proposed enhancements and improvements over contract period –review of specification, products and propose VE options

Put forward alternatives and VE options

5% 5 marks

Value for Money Section20 %

Total 15 marks

Pricing schedule provided by Council within tender documentation

Contractor to fully complete the pricing schedule within the tender document and add any additional items with associated costs

10% 5 marks


Assumptions and resulting variations to fees provided by Council within tender documentation


5% 5 marks

Additional contract costs provided by Council within tender documentation


5% 5 marks

Culture/Partnering Section10 %

Total 10 marks

Approach to partnering and working with Thurrock Council – Understanding Council operational policies, procedures and processesIncluding the ability to upscale operations – Working with Thurrock Council contribute to the development of any future Community Hub/Office accommodation.


5% 5 marks

Developing understanding of Thurrock Council’s culture, style and functions– Understanding Council operational policies, procedures and processes


5% 5 marks

Total marks available 100% 155 marks

9. THE EVALUATION PHASES:

9.1 Phase 1: Compliance Checks

a) Receipt and Opening Tender Response will be formally logged via the Delta e Tendering Solution in accordance with Thurrock Council’s procurement procedures. It will not be possible to submit a Tender once the closing time and date has passed, the Delta eTendering Solution will reject all out of time submissions and therefore will not be considered for evaluation

b) Compliance CheckA small team from Thurrock Council’s Procurement/Commercial teams will then check the Tender Statement and Anti-Collusion and Anti-Canvassing Certificates, completion of which is mandatory. Tenderers are required to confirm in the Tender Statement that they have provided a Tender Response including, where applicable, any evidence requested by this ITT. In the event that a Tenderer is unable to provide a


positive response for any of the requirements, or a detailed reason as to why a positive response cannot be given Thurrock Council may either exclude the Tenderer from further participation in the evaluation process or, at its discretion, may seek clarification. In the case of the latter, a failure by the Tenderer to provide a satisfactory response within the deadline specified in the request for clarification may result in its disqualification from the evaluation process.

9.2 Phase 2: Evaluation of Tender Responses

a) Qualitative/Technical Evaluation - Response containing information required by Section 7 of this ITT

b) Quantitative/Commercial Evaluation - Financial response (See Appendix 1 – Pricing Schedule)

9.3 Phase 3: Score Review

a) Review of qualitative and quantitative evaluation scores

9.4 Phase 4: Final Evaluation Report and Recommendation

9.5 Phase 5: Approvals

Thurrock Council intends to award the contract to the Most Economically Advantageous Tenderer to be evaluated in accordance with the following criteria:

Criteria Weighting Demonstrated by

Price 40%Price submitted by Tenderer, where lowest cost Tenderer shall receive 40% and all other scores shall be allocated according to their difference from the lowest price, using the formula:40% x (lowest price of all Tenderers / Tendered price)

Technical and

Quality60%

The best method statements will be able to demonstrate to the evaluation panel that they have been prepared specifically for Thurrock to suit the needs of the Council.The Tenderer is to review and respond to each question with proposals on how the requirements for the Council would be met.Please ensure that you provide all the documentation asked for in the required format specified. Supporting information should be presented in the same order as, and should be referenced to, the relevant question.Each question will be scored using the scale 0-5 and the following weighting applied: (marks awarded / marks available) x weightingFor example if the weighting is 20% and the maximum score is 5, and the score received is 3, the weighted score would be:( 3 / 5 ) x 20 = 12NB: For the purposes of this calculation, weighting is expressed as a number not a percentage.

9.6 Technical and Quality question scoring criteria:

Where indicated, Technical and quality questions will be scored in line with the following scoring criteria

Using a 0 – 5 scoring system:


0 Unacceptable Response – No information provided or response does not address the requirement.

1Poor response – The response contains material omissions and / or is supported by limited evidence / examples. Major concerns that the organisation has the potential to deliver / that they have failed to meet a reasonable standard.

2Fair response – The response contains some omissions and / or is not well supported by evidence / examples. Some concerns about the Bidder’s ability to deliver / that they have failed to meet a reasonable standard.

3Good response – There is adequate detail / supporting examples giving a reasonable level of confidence in the Bidder’s experience and ability. The Bidder appears to have the potential to deliver as required / has met a reasonable standard and there are only minor concerns about the Bidder’s experience.

4Very Good Response – The level of detail / supporting examples gives a high level of confidence in the Bidder’s experience and ability. The Bidder clearly has the potential to deliver and / or has clearly met an acceptable standard.

5

Excellent Response – A comprehensive well evidenced submission, clearly demonstrating expertise and knowledge incorporating value added benefits/social value attributes & other points of innovation. The bid is deemed to offer little or no risk and fully captures the understanding of the steps involved to deliver the aspects of the question posed, giving a very high level of confidence in the Bidder’s experience and ability.

10. CLARIFICATION MEETINGS, SITE VISITS AND TENDERER INTERVIEWS10

10.1 Pre-Submission Clarification

Tenderers will have the opportunity to submit pre-submission questions by 23 October 2015. Those which are not commercially confidential will be responded to in the form of a question and answer paper which will be blind copied to each tenderer. It is anticipated that the response will be circulated on 28 October 2015.

Pre submission questions should be emailed to Phil Dale via the Delta messaging system by 23 October 2015

A response to all NON commercially sensitive questions will be circulated to all Tenderers

If it is deemed necessary that a pre-submission clarifications meeting is required Tenderers will be notified as soon as practically possible w/b 26 October with joining instructions.

10.2 Site Visits

If you wish to visit the site as part of your preparation of the ITT, you must contact Thurrock Council in advance. NOTE: Tenderers are only permitted access to the site by pre-arranged appointments with Thurrock Council. Representatives of Thurrock Council may accompany Tenderers when they visit and inspect the Site.

[Questions to be asked at the site visit should be submitted at least [five (5)] working days in advance of the site visit. Responses to any questions you submit may, at Thurrock Council’s discretion, be circulated to all Tenderers.]

[Accompanied site visits must be held no later than [ten (10)] working days prior to the Closing Date.]


10.3 Post-Submission Clarifications

During the evaluation period, Thurrock Council reserves the right to seek further information from the Tenderers to assist it in its consideration of the Tenders; this may take the form of post-submission clarification meetings or written clarifications.

10.4 Tenderer Interviews

Thurrock Council may, at its discretion, decide to interview Tenderers to further the Tendering process. It is not envisaged that interviews will take place however if Thurrock Council deems they are necessary they will be scheduled in the week commencing 26 November 2015. Thurrock Council reserves the right to amend this timetable. Therefore, Tenderers should ensure that if required to do so, they will be able to attend these meetings and provide a presentation on their Tender.

At the interview Tenderers will be required to make available key members of their delivery team who will be responsible for the provision of the Contract to demonstrate their understanding and approach as outlined in the Tender Response. If required interviews will take place at Thurrock Council, Civic Offices, New Road Grays RM17 6SL and Tenderers will be notified no less than 5 working days prior to interview.

11. TENDER QUESTIONNAIRE

Failure to complete and return this questionnaire will result in the Tenderer being disqualified from the Tender process. Any Bidder whose Tender Questionnaire response does not satisfy ALL pass/fail criteria may be treated as ineligible for this contract opportunity and their Tender response will not be assessed further.

11.1 Notes for Completion

“Authority” means the Public Sector Contracting Authority, or anyone acting on behalf of the Contracting Authority, that is seeking to invite suitable Bidders to participate in this procurement process.

“You”/ “Your” or “Bidder” means the body completing these questions i.e. the legal entity seeking to be invited to the next stage of the procurement process and responsible for the information provided.

The “Bidder” is intended to cover any economic operator as defined by the Public Contract Regulations 2015 and could be a registered company; charitable organisation; Voluntary Community and Social Enterprise (VCSE); Special Purpose Vehicle; or other form of entity.

This Tender Questionnaire has been designed to assess the suitability of a Bidder to deliver the Authority’s contract requirement(s). If you are successful at this stage of the procurement process, you will be selected for the subsequent award stage of the process.

Please ensure that all questions are completed in full, and in the format requested. Failure to do so may result in your submission being disqualified. If the question does not apply to you, please state clearly ‘N/A’.


Should you need to provide additional Appendices in response to the questions, these should be numbered clearly.

11.2 Verification of Information Provided

Whilst reserving the right to request information at any time throughout the procurement process, the authority may enable the Supplier to self-certify that there are no mandatory/ discretionary grounds for excluding their organisation. When requesting evidence that the supplier can meet the specified requirements (such as the questions in section 7 of this Tender Questionnaire relating to Technical and Professional Ability) the authority may only obtain such evidence after the final Tender evaluation decision i.e. from the winning Supplier only. Sub-contracting arrangements

Where the Supplier proposes to use one or more sub-contractors to deliver some or all of the contract requirements, a separate Appendix should be used to provide details of the proposed bidding model that includes members of the supply chain, the percentage of work being delivered by each sub-contractor and the key contract deliverables each sub-contractor will be responsible for.

The Authority recognises that arrangements in relation to sub-contracting may be subject to future change, and may not be finalised until a later date. However, Suppliers should be aware that where information provided to the Authority indicates that sub-contractors are to play a significant role in delivering key contract requirements, any changes to those sub-contracting arrangements may affect the ability of the Supplier to proceed with the procurement process or to provide the supplies and/or services required. Suppliers should therefore notify the authority immediately of any change in the proposed sub-contractor arrangements. The Authority reserves the right to deselect the Supplier prior to any award of contract, based on an assessment of the updated information.

11.3 Consortia arrangements

If the Supplier completing this Tender Questionnaire is doing so as part of a proposed consortium, the following information must be provided;

a) names of all consortium members;b) the lead member of the consortium who will be contractually responsible for delivery

of the contract (if a separate legal entity is not being created); andc) if the consortium is not proposing to form a legal entity, full details of proposed

arrangements within a separate Appendix.

Please note that the Authority may require the consortium to assume a specific legal form if awarded the contract, to the extent that a specific legal form is deemed by the authority as being necessary for the satisfactory performance of the contract.

All members of the consortium will be required to provide the information required in all sections of the Tender Questionnaire as part of a single composite response to the Authority i.e. each member of the consortium is required to complete the form.

Where you are proposing to create a separate legal entity, such as a Special Purpose Vehicle (SPV), you should provide details of the actual or proposed percentage shareholding of the constituent members within the new legal entity in a separate Appendix. The Authority recognises that arrangements in relation to a consortium bid may be subject to future change. Suppliers should therefore respond on the basis of the arrangements as currently envisaged. Suppliers are reminded that the Authority must be immediately notified of any changes, or proposed changes, in relation to the bidding model so that a further


assessment can be carried out by applying the selection criteria to the new information provided. The Authority reserves the right to deselect the Supplier prior to any award of contract, based on an assessment of the updated information.

11.4 Confidentiality

When providing details of contracts in answering section 6 of this Tender Questionnaire (Technical and Professional Ability), the Supplier agrees to waive any contractual or other confidentiality rights and obligations associated with these contracts.

The Authority reserves the right to contact the named customer contact in section 6 regarding the contracts included in section 6. The named customer contact does not owe the Authority any duty of care or have any legal liability, except for any deceitful or maliciously false statements of fact.

The Authority confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact, other than to the Cabinet Office and/or contracting authorities defined by the Public Contract Regulations.

11.5 Assessment

Section Assessment Weighting

1 - Supplier information All details required but for information only N/A

2 - Grounds for mandatory exclusion Responses scored on a pass/fail basis N/A

3 - Grounds for discretionary exclusion - Part 1 Responses scored on a pass/fail basis N/A

4 - Grounds for discretionary exclusion - Part 2 Responses scored on a pass/fail basis N/A

5 - Economic and financial Standing Responses scored on a pass/fail basis N/A

6 - Technical and professional ability Responses scored on a pass/fail basis N/A

7 - Additional Tender Questionnaire modulesA - Project specific questions to

assess Technical and Professional Ability

Responses scored out of an available 5 marks 100%

B - Insurance Responses scored on a pass/fail basis N/AC - Compliance with equality

legislation Responses scored on a pass/fail basis N/A

D - Environmental Management Responses scored on a pass/fail basis N/A

E - Health and Safety Responses scored on a pass/fail basis N/A

11.6 Scoring System

Where indicated, questions will be scored in line with the following scoring criteria


Using a 0 – 5 scoring system:0 Unacceptable Response – No information provided or response does not address

the requirement.

1Poor response – The response contains material omissions and / or is supported by limited evidence / examples. Major concerns that the organisation has the potential to deliver / that they have failed to meet a reasonable standard.

2Fair response – The response contains some omissions and / or is not well supported by evidence / examples. Some concerns about the Bidder’s ability to deliver / that they have failed to meet a reasonable standard.

3Good response – There is adequate detail / supporting examples giving a reasonable level of confidence in the Bidder’s experience and ability. The Bidder appears to have the potential to deliver as required / has met a reasonable standard and there are only minor concerns about the Bidder’s experience.

4Very Good Response – The level of detail / supporting examples gives a high level of confidence in the Bidder’s experience and ability. The Bidder clearly has the potential to deliver and / or has clearly met an acceptable standard.

5

Excellent Response – A comprehensive well evidenced submission, clearly demonstrating expertise and knowledge incorporating value added benefits/social value attributes & other points of innovation. The bid is deemed to offer little or no risk and fully captures the understanding of the steps involved to deliver the aspects of the question posed, giving a very high level of confidence in the Bidder’s experience and ability.


1. Supplier information

1.1 Supplier details ResponseFull name of the supplier completing the Tender Questionnaire

Registered company address

Registered company number

Registered charity number

Registered VAT number

Name of immediate parent company

Name of ultimate parent company

Type of Company (Please mark ‘X’ in the relevant box to indicate your trading status)

i) a public limited company

ii) a limited company

iii) a limited liability partnership

iv) other partnership

v) sole trader

vi) other (please specify)

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

i) Voluntary, Community and Social Enterprise (SME)ii) Small or Medium Enterprise (SME)

iii) Sheltered workshop

iv) Public service mutual


1.2 Bidding Model

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

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

Yes No

b) Bidding as a Prime Contractor and will use third parties to deliver some of the servicesIf yes, please provide details of your proposed bidding model that includes members of the supply chain, the percentage of work being delivered by each sub-contractor and the key contract deliverables each sub-contractor will be responsible for.

Yes No

c) Bidding as Prime Contractor but will operate as a Managing Agent and will use third parties to deliver all of the servicesIf yes, please provide details of your proposed bidding model that includes members of the supply chain, the percentage of work being delivered by each sub-contractor and the key contract deliverables each sub-contractor will be responsible for.

Yes No

d) Bidding as a consortium but not proposing to create a new legal entity. If yes, please include details of your consortium in the next column and use a separate Appendix to explain the alternative arrangements i.e. why a new legal entity is not being created. Please note that the Authority may require the consortium to assume a specific legal form if awarded the contract, to the extent that it is necessary for the satisfactory performance of the contract.

Yes No

Consortium members

Lead member

e) Bidding as a consortium and intend to create a Special Purpose Vehicle (SPV). If yes, please include details of your consortium, current lead member and intended SPV in the next column and provide full details of the Bidding model using a separate Appendix.

Yes No

Consortium Members

Current Lead member

Name of special purpose vehicle


1.3 Contact detailsBidder contact details for enquiries about this Tender QuestionnaireName

Postal Address

Post Code

Country

Phone

Mobile

Email

1.4 Licensing and registration (please mark ‘X’ in the relevant box)1.4.1 Registration with a professional body

If applicable, 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 Annex XI of directive 2014/24/EU) under the conditions laid down by that member state).

Yes

No

If Yes, please provide the registration number in this box.

1.4.2 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

No

If Yes, please provide additional details within this box of what is required and confirmation that you have complied with this.


2. Grounds for mandatory exclusion

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

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

2.1 Answering "Yes" to any of the numbered questions (and with no / insufficient evidence to demonstrate the reliability of the Bidder) will exclude you from this process.

As of the date of submission of this Tender Questionnaire, has your organisation (or any member of your proposed consortium, if applicable), Directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences?

Even if one or more of the grounds below apply, the Bidder may provide evidence that it has taken sufficient measures to demonstrate its reliability despite the relevant ground(s) of exclusion. The evidence provided shall demonstrate (where relevant) that the Bidder has;(a) paid or undertaken to pay compensation in respect of any damage caused by

the criminal offence or misconduct; (b) clarified the facts and circumstances in a comprehensive manner by actively

collaborating with the investigating authorities; and (c) taken concrete technical, organisational and personnel measures that are

appropriate to prevent further criminal offences or misconduct.

Please note that the Authority shall exclude the Bidder at any time during the procurement procedure if it becomes aware that the Bidder is in any of the situations referred to below. Bidders should note their obligation in the Declaration at the end of this Tender Questionnaire to keep the Authority updated as to any changes in this regard.


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

Do any of the following apply? Yes No

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

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

c) the common law offence of bribery;

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

e) any of the following offences, where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities:

(i) the offence of cheating the Revenue;(ii) the offence of conspiracy to defraud;

(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;

(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;

(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; (vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969;

Yes No

(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or(ix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act;


f) any offence listed

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

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

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

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

i) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;

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

k) an offence under section 59A of the Sexual Offences Act 2003;l) an offence under section 71 of the Coroners and Justice Act 2009m) an offence in connection with the proceeds of drug trafficking within

the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or

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

(i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or(ii) Created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland.

If the Bidder has answered "yes" to any of the questions above, can the Bidder enclose evidence that it has taken sufficient measures to demonstrate its reliability?

Yes No

Non-payment of taxes2.2 Has it been established by a judicial or administrative decision

having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which your organisation is established (if outside the UK), that your organisation is in breach of its obligations relating to the payment of taxes or social security contributions.

(a) Is, or in the last 5 years has, the Bidder been in breach of its obligations relating to the payment of taxes or social security contributions?

(b) Has the breach been established by a court judgment or similar decision anywhere in the United Kingdom or in the country in which the Bidder is established?


(c) Are these breaches still outstanding (i.e. the Bidder has not settled these obligations by paying, or entering into a binding arrangement with a view to paying the taxes or social security contributions due, including, where applicable, any interest accrued or fines)?

If you have answered Yes to any part of this question, please use a separate Appendix to provide further details. Please also use this


3. Grounds for discretionary exclusion – Part 1

3.1 The Authority may exclude any Bidder who answers “Yes” in any of the following situations set out in paragraphs (a) to (i);

As at the date of submission of this Tender Questionnaire, has your organisation (or any group or consortium organisation you are relying on for the purposes of this Tender Questionnaire) or any member of the administrative, management or supervisory body of the Bidder or any consortium member or any director or any other person who has powers of representation, decision or control in the Bidder) been in any of the following situations in the last 3 years?

Even if one or more of the grounds below apply, the Bidder may provide evidence that it has taken sufficient measures to demonstrate its reliability despite the relevant ground(s) of exclusion. The evidence provided shall demonstrate (where relevant) that the Bidder has;

(a) paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct; (b) clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities; and (c) taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.

The Authority will evaluate the evidence and will determine (in its sole discretion) whether the evidence is sufficient. If the evidence is sufficient, then the Authority will not exclude the Bidder for this ground(s) of exclusion. If the evidence is not sufficient, the Authority may exclude the Bidder for this reason and if so, will provide a statement of the reasons when it notifies the Bidder of the outcome of this stage of the procurement.Please note that the Authority may exclude the Bidder at any time during the procurement procedure if it becomes aware that the Bidder is in any of the situations referred to below.

Please indicate your answer by marking ‘X’ in the relevant boxDo any of the following apply? Yes Noa) Has your organisation violated applicable obligations referred to in

regulation 56 (2) of the Public Contract Regulations 2015 in the fields of environmental, social and labour law established by EU law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Public Contracts Directive as amended from time to time?

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

c) Is your organisation guilty of grave professional misconduct, which renders its integrity questionable?


Yes Nod) Has your organisation has entered into agreements with other

economic operators aimed at distorting competition? e) Does an actual or potential conflict of interest exist for this

procurement, within the meaning of regulation 24 of the Public Contract Regulations 2015 that cannot be effectively remedied by other, less intrusive, measures;

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

g) Has your organisation shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions?

h) In the last 3 years and for this procurement process, has your organisation

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

i) Has your organisation undertaken to:(a) unduly influence the decision-making process of the contracting Authority, or(b) obtain confidential information that may confer upon your organisation undue advantages in the procurement procedure; or

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


3.2 Conflicts of interest

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

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

3.3 Taking Account of Bidders’ Past PerformanceIn accordance with question (g), the Authority may assess the past performance of a Bidder (through a Certificate of Performance provided by a Customer or other means of evidence). The Authority may take into account any failure to discharge obligations under the previous principal relevant contracts of the Bidder completing this Tender Questionnaire. The Authority may also assess whether specified minimum standards for reliability for such contracts are met.

In addition, the Authority may re-assess reliability based on past performance at key stages in the procurement process (i.e. Bidder selection, Tender evaluation, contract award stage etc.). Bidders may also be asked to update the evidence they provide in this section to reflect more recent performance on new or existing contracts (or to confirm that nothing has changed).

3.4 ‘Self-cleaning’

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

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

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

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

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

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

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


4. Grounds for discretionary exclusion – Part 2

The Authority reserves the right to use its discretion to exclude a Bidder where it can demonstrate the Bidder’s non-payment of taxes/social security contributions where no binding legal decision has been taken.

Please note that Section 4 relating to tax compliance only applies where the Authority has indicated that the contract is over £5million in value, and the Authority is a Central Government Department (including their Executive Agencies and Non-Departmental Public Bodies).

“Occasion of Tax Non-Compliance” means: i) any tax return of the Bidder submitted to a Relevant Tax Authority on or after 1 October

2012 is found to be incorrect as a result of:(1) a Relevant Tax Authority successfully challenging the Bidder under the General

Anti-Abuse Rule or the Halifax Abuse Principle or under any tax rules or legislation that have an effect equivalent or similar to the General Anti-Abuse Rule or the Halifax Abuse Principle;

(2) the failure of an avoidance scheme which the Bidder was involved in, and which was, or should have been, notified to a Relevant Tax Authority under the DOTAS or any equivalent or similar regime; and/or

ii) the Bidder’s tax affairs give rise on or after 1 April 2013 to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Effective Date or to a penalty for civil fraud or evasion

From 1 April 2013 onwards, have any of your company’s tax returns submitted on or after 1 October 2012; (Please indicate your answer by marking ‘X’ in the relevant box).

4.1 Given rise to a criminal conviction for tax related offences which is unspent, or to a civil penalty for fraud or evasion;

Yes

No

4.2

Been found to be incorrect as a result of:HMRC successfully challenging it under the General Anti-Abuse Rule (GAAR) or the “Halifax” abuse principle; ora tax Authority in a jurisdiction in which the legal entity is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or the “Halifax” abuse principle; orthe failure of an avoidance scheme which the Bidder was involved in and which was, or should have been, notified under the Disclosure of Tax Avoidance Scheme (DOTAS) or any equivalent or similar regime in a jurisdiction in which the Bidder is established.

Yes

No

If answering “Yes” to either 4.1 or 4.2 above, the Bidder may provide details of any mitigating factors that it considers relevant and that it wishes the Authority to take into consideration. This could include, for example:

Corrective action undertaken by the Bidder to date; Planned corrective action to be taken; Changes in personnel or ownership since the Occasion of Non-Compliance (OONC); or Changes in financial, accounting, audit or management procedures since the OONC.

In order that the Authority can consider any factors raised by the Bidder, the following information should be provided:

A brief description of the occasion, the tax to which it applied, and the type of “non-compliance” e.g. whether HMRC or the foreign tax Authority has challenged pursuant to


the GAAR, the “Halifax” abuse principle etc. Where the OONC relates to a DOTAS, the number of the relevant scheme. The date of the original “non-compliance” and the date of any judgement against the

Bidder, or date when the return was amended. The level of any penalty or criminal conviction applied.


5. Economic and Financial Standing

FINANCIAL INFORMATION

5.1

Please provide one of the following to demonstrate your economic/financial standing:Please indicate your answer with an “X” in the relevant box

a) A copy of your audited accounts for the most recent two yearsb) A statement of your turnover, profit & loss account and cash flow

for the most recent year of tradingc) A statement of your cash flow forecast for the current year and a

bank letter outlining the current cash and credit positiond) Alternative means of demonstrating financial status if any of the

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

5.2Where the Authority has specified a minimum level of economic and financial standing and/or a minimum financial threshold within the evaluation criteria for this Tender Questionnaire, please self-certify by answering “Yes” or “No” that you meet the requirements set out here.

Yes

No

5.3

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

Yes

No

Name of the organisation Yes

NoRelationship to the Bidder completing the Tender Questionnaire

If Yes, please provide Ultimate / parent company accounts if available. If Yes, would the Ultimate / parent willing to provide a guarantee if necessary? If No, would you be able to obtain a guarantee elsewhere (e.g from a bank?)

Yes

No


6. Technical and Professional Ability

Relevant experience and contract examples

6

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

The named customer contact provided should be prepared to provide written evidence to the Authority to confirm the accuracy of the information provided below.Consortia bids should provide relevant examples of where the consortium has delivered similar requirements; if this is not possible (e.g. the consortium is newly formed or a Special Purpose Vehicle will be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member).

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

Contract 1 Contract 2 Contract 3

6.1 Name of customer organisation

6.2

Point of contact in customer organisation

Position in the organisation

E-mail address

6.3

Contract start date

Contract completion date

Estimated Contract Value


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

Contract 1

Contract 2

Contract 3

6.5 If you cannot provide at least one example for questions 6.1 to 6.4, in no more than 500 words please provide an explanation for this e.g. your organisation is a new start-up.


7. Additional Questionnaire modules

Bidders who self-certify that they meet the requirements for these additional modules will be required to provide evidence of this if they are successful at contract award stage. Please indicate your answer by marking “X” in the relevant boxes.

7.1 A – Project specific questions to assess Technical and Professional Ability

Technical Capabilities

1

Has the Bidder suffered from any of the following: failed to complete a contract on time, there has been a

successful claim for damages, damages have been deducted or

recovered or where the contract has been terminated?

(If yes, please provide details including name, address, description, reason for the claim and remedies taken).

Yes

No

[A "no" response will score 5 marks and a "yes" response will score 0 marks]

2

Has the Bidder received any Court Action against it (or outstanding) in the last three years?

(If yes, please provide details including name, address, description, reason for the action and remedies taken).

Yes

No

[A " No " response will score 5 marks and a " Yes " response will score 0 marks]

Further project specific questions relating to the technical and professional ability of the Bidder.

7.2 B – Insurance

Bidders who self-certify that they meet this requirement will be required to provide evidence of this if they are successful at contract award stage. Please indicate your answer by marking "Yes” or “No".

[Answering "No" to the following question will exclude you from this process].

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

Public/Products Liability minimum £5million per incident

Professional Negligence minimum £2million per incident

It is a legal requirement that all companies hold Employer’s (Compulsory) Liability Insurance of £5 million as a minimum. Please note this requirement is not applicable to Sole Traders.Please note that figures are per incident. The cover in place must not contain any exclusion which affects the Authority.

Yes

No

[A "Yes" response will score a Pass , and, a "No " response will score a Fail]


7.3 C – Compliance with equality legislation

For organisations working outside of the UK please refer to equivalent legislation in the country that you are located.1. In the last three years, has any finding of unlawful

discrimination been made against your organisation by an; Employment Tribunal, An Employment Appeal Tribunal; or Any other court (or in comparable proceedings in any

jurisdiction other than the UK)?

Yes

No

[A "No" response will score a Pass , and "Yes" response will score a Fail ]

2. In the last three years, has your organisation had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK), on grounds or alleged unlawful discrimination?If you have answered “yes” to one or both of the questions in this module, please provide, as a separate Appendix, a summary of the nature of the investigation and an explanation of the outcome of the investigation to date.If the investigation upheld the complaint against your organisation, please use the Appendix to explain what action (if any) you have taken to prevent unlawful discrimination from reoccurring.You may be excluded if you are unable to demonstrate to the Authority’s satisfaction that appropriate remedial action has been taken to prevent similar unlawful discrimination reoccurring.

Yes

No


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

Yes

No

7.4 D - Environmental Management

1. Has your organisation been convicted of breaching environmental legislation, or had any notice served upon it, in the last three years by any environmental regulator or Authority (including local Authority)? If your answer to the this question is “Yes”, please provide details in a separate Appendix of the conviction or notice and details of any remedial action or changes you have made as a result of conviction or notices served.The Authority will not select Bidder(s) that have been prosecuted or served notice under environmental legislation in the last three years, Unless the Authority is satisfied that appropriate remedial action has been taken to prevent future occurrences/breaches.

Yes

No


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

Yes

No


7.5 E - Health and Safety

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

Yes

No[A " Yes " response will score a Pass , and " No " response will score a Fail ]

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

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

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

Yes

No


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

Yes

No


8. DECLARATION

8 I declare that to the best of my knowledge the answers submitted to these questions are correct.

I understand that the information will be used in the selection process to assess my organisation’s suitability to be invited to participate further in this procurement, and I am signing on behalf of......................... [Insert name of Bidder].

I understand that the Authority may reject my submission if there is a failure to answer all relevant questions fully or if I provide false/misleading information.

I have provided a full list of any Appendices used to provide additional information in response to questions.

I also declare that there is no conflict of interest in relation to the Authority’s requirement.The following appendices form part of our submission;

Section of Questionnaire Appendix number

Tender Questionnaire FORM COMPLETED BY8.1 Name:

8.2 Position in organisation:

8.3 Date:

8.4 Signature:


APPENDIX 11 - PRICING SCHEDULE

Please complete and return the schedule as part of your tender.

The Schedule can be found in the separate Spreadsheet “APPENDIX 1 – Pricing Schedule.xls”


APPENDIX 2 – FORM OF TENDER

To: Thurrock Council

For the Attention of: Procurement Services

Dear Sir / Madam

I/We the undersigned, hereby Tender and offer to perform the Contract, details of which was set out in the Invitation to Tender supplied to me/us for the purpose of Tendering for the Contract, and agree to do so in accordance with the terms of the Invitation to Tender.

I/We confirm that I/We will provide the Contract at the price provided in my/our Tender. I/We confirm that the price provided in my/our Tender will not be subject to any increase otherwise than as determined in accordance with the Contract.

I/We confirm that this Tender will remain valid and open for acceptance without variation for at least 90 days from the Closing Date for the receipt of Tenders.

I/We confirm that we agree the Contract and undertake that in the event of our Tender being accepted to execute the Contract (subject to any minor amendments which have been accepted by Thurrock Council) within four (4) weeks from the date on which I/we receive notification that our Tender is successful and in the interim provide the works in accordance with the Contract (subject to such amendments).

I/We confirm that attached to this Tender are ALL of the following:

My/Our Tender Response (including the information required in Section 7);Certificate of Non-Collusive Tendering (Appendix 3); and Certificate of Non-Canvassing (Appendix 4);Confirmation of Acceptance of Terms and ConditionsCompleted Pricing Schedule (Appendix 1);Completed Tender Questionnaire (Section 11)Enter Tender Price in Words and Figures: ____________________________________

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

I/We understand that any false representations, including but not limited to, changes to forms, could result in this Tender being rejected or subsequent contract termination.

I/We confirm and undertake that if any information supplied becomes untrue or misleading that

I/We will notify you immediately and will update such information as is required.

I/We confirm that the undersigned are authorised to commit the Tenderer to the contractual obligations contained in the Invitation to Tender and the Contract.

Signed …………………… Signed ……………………For and on behalf of …………………… For and on behalf of ..….………………Dated …………………… Dated ……………………


APPENDIX 3 - ANTI-COLLUSION CERTIFICATE



Dear Sir / Madam

The essence of the public procurement process for selective Tendering for the Contract is that Thurrock Council shall receive bona fide competitive Tenders from all Tenderers.

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

I/We also certify that I/We have not done, and undertake that I/We will not do, at any time during the Tender process or in the event of my/our Tender being successful while the resulting Contract is in force, any of the following acts:

1) enter into any agreement or agreements with any other person that they shall refrain from Tendering to Thurrock Council or as to the amount of any offer submitted by them; or

inform any person, other than Thurrock Council , of the details of the Tender or the amount or the approximate amount of my/our offer except where the disclosure was in confidence and was essential to obtain insurance premium quotations required for the preparation of the Tender; or

cause or induce any person to enter into such an agreement as is mentioned in paragraph 1) and above or to inform us of the amount or the approximate amount of any rival Tender for the Contract; or

commit any offence under the Public Bodies Corrupt Practices Act 1889, Bribery Act 2010 nor under Section 117 of the Local Government Act 1972; or

offer or agree to pay or give or actually pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other Tender or proposed Tender for the performance of the Project covered by the Tender any act or omission.

In this Certificate the word “person” includes any person, body or association, corporate or incorporate and “agreement” includes any arrangement whether formal or informal and whether legally binding or not.

I/We agree that Thurrock Council may, in its consideration of the offer, and in any subsequent actions, rely upon the statements made in this certificate.

Signed ……………… Signed ………………For and on behalf of ……………… For and on behalf of ...….…………Dated ……………… Dated ………………


APPENDIX 4 - ANTI-CANVASSING CERTIFICATE



Date: …………………………….

Dear Sir / Madam

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

I/we further hereby undertake that I/we will not canvass any Director, employee, contractor or adviser of Thurrock Council in connection with this Tender and the proposed award of the Contract and that no person employed by me/us or acting on my/our behalf, or advising me/us, will do any such act.

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

Signed ……………… Signed ………………For and on behalf of ……………… For and on behalf of ...….…………Dated ……………… Dated ………………


APPENDIX 5- SAMPLE CONTRACT TO BE USED

Please see Separate PDF JCT Intermediate Building Contract with contractor’s design (ICD)


APPENDIX 6 – THURROCK Z CLAUSES

Please see Separate document, Thurrock Z Clauses.doc


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