WANDSWORTH BOROUGH COUNCIL

CONTRACT FOR THE PROVISION OF

Leaving Care Services

__________________________

Volume 1 – Instructions and Guidance to Bidders

Invitation to Tender

___________________________

CONTENTS

PART 1 – INTRODUCTION AND INFORMATION..............................................................................................1

1. INTRODUCTION................................................................................................................................ 1

2. BACKGROUND.................................................................................................................................. 1

3. INDICATIVE TIMETABLE.................................................................................................................... 1

4. THE ITT DOCUMENT.......................................................................................................................... 2

5. THE DRAFT CONTRACT...................................................................................................................... 3

6. THE SPECIFICATION.......................................................................................................................... 3

7. PRICING TABLES............................................................................................................................... 3

PART 2 SUBMITTING TENDERS...................................................................................................................... 4

8. PROCEDURE FOR THE SUBMISSION OF TENDERS...............................................................................4

9. ENQUIRIES AND COMMUNICATION..................................................................................................4

10. POST-SUBMISSION OF TENDERS....................................................................................................... 5

PART 3: CONDITIONS OF TENDERING............................................................................................................ 6

11. GENERAL.......................................................................................................................................... 6

12. SURVEYS, INSPECTIONS AND INVESTIGATIONS.................................................................................6

13. BIDDING COSTS................................................................................................................................ 6

14. CONFIDENTIALITY............................................................................................................................. 6

15. ACCURACY OF THE INFORMATION AND LIABILITY OF THE COUNCIL AND ITS ADVISERS.....................7

16. CANVASSING.................................................................................................................................... 8

17. NON-COLLUSION.............................................................................................................................. 8

18. COPYRIGHT...................................................................................................................................... 9

19. THE COUNCIL’S RIGHT TO REJECT TENDERS.......................................................................................9

20. CONSISTENCY OF INFORMATION...................................................................................................... 9

21. FREEDOM OF INFORMATION ACT.....................................................................................................9

22. EQUAL OPPORTUNITIES AND RACE RELATIONS...............................................................................10

23. INTERPRETATION............................................................................................................................ 10

24. AMENDMENTS TO THE TENDER DOCUMENTS.................................................................................10

25. PRE-QUALIFICATION QUESTIONNAIRE............................................................................................10

26. SUB-CONTRACTORS........................................................................................................................ 11

PART 4 - EVALUATION OF TENDERS............................................................................................................. 12

27. INTRODUCTION.............................................................................................................................. 12

28. METHODOLOGY.............................................................................................................................. 12

29. PRICE.............................................................................................................................................. 12

APPENDIX 1 – GLOSSARY OF TERMS............................................................................................................ 14

APPENDIX 2 – WORKFORCE INFORMATION.................................................................................................15

ii

Part 1 – Introduction and information

1. INTRODUCTION

1.1. On 8th July 2014 Wandsworth Borough Council (the “Council”) published a contract notice inviting expressions of interest in relation to a contract for the provision of Leaving Care Services (the “Services”).

1.2. Expressions of interest were made by way of a Pre-Qualification Questionnaire which was evaluated against a published model. The Council is issuing this ITT to the Bidders who have been short-listed for the Contract following the evaluation of their Pre-Qualification Questionnaire.

1.3. This ITT sets out the steps that the Council will take to obtain specific information to enable the Council to select the most suitable Provider and subsequently award a contract.

2. BACKGROUND

2.1. The Services are described in the Specification. Without prejudice to the Specification, the Services are to provide leaving care services which include the provision of personal advice and accommodation or tenancy support to care leavers in Wandsworth. The Provider will be responsible for supporting young people as they move towards independence.

3. INDICATIVE TIMETABLE

3.1. The Council has set the following indicative timetable for the Invitation to Tender.

3.2 The Council reserves the right to change the timetable at any stage of the process.

Action Dates

Invitation to Tender stage

Issue Invitation to Tenders 2nd October 2014

Deadline for questions and queries On or around 10th November 2014

Deadline for receipt of Tenders 19th November (12 noon)

Evaluation of Tenders complete On or around 5th December 2014

Internal Approvals process and issue of outcome letters

Complete by 13th February 2015 (due to Committee cycles)

Award of the Contract – contract formalities signed and sealed

Mid February 2015

Develop and implement mobilisation plan February to June 2015

Commencement Date 1st July 2015

1

4. THE ITT DOCUMENT

4.1. The ITT documents comprise 4 Volumes and supporting documentation and together are referred to in this ITT as the “ITT Documents”.

4.2. This Volume 1 – Instructions and Guidance to Bidders (“the Instructions”) is split into four parts as follows:

4.2.1. Part 1: Introduction and Information

4.2.2. Part 2: Submitting Tenders

4.2.3. Part 3: Conditions of Tendering

4.2.4. Part 4: Evaluation of Tenders

4.3. Volume 2: The draft Contract to be entered into by Council and the Contractor.

4.4. Volume 3: The proposed Specification for the Contract which sets out the Council’s requirements.

4.5. Volume 4: The Response Document which provides Bidders with an explanation of the Detailed Solutions required.

4.6. The ITT Documents set out the Council’s current requirements in respect of the Services. In the event of any inconsistency, the ITT Documents and enclosures will take precedence over any documents previously issued by the Council.

5. THE DRAFT CONTRACT

5.1. The draft Contract is set out in Volume 2. The terms and conditions are based on the Council’s standard form and have been specifically tailored to this Contract. The Council expects to enter into contractual arrangements substantially on the terms set out in Volume 2 and is unlikely to agree to any amendments. Unless otherwise agreed, all Tenders received will be deemed to be on the terms and conditions set out in Volume 2 and any amendments will be deemed to be rejected.

5.2. Staffing and TUPE

5.2.1. The current workforce is set out at appendix 2 to this Volume 1 and comprise:

5.2.1.1. 15 members of staff

5.3. Equipment

5.3.1. The Council is providing ICT and Telephony Equipment at the proposed site, which shall be maintained and repaired at the expense of the Contractor as set out in the Specification. The Contractor will be responsible for informing the Council of any repairs or maintenance required to the Equipment.

2

6. THE SPECIFICATION

6.1. The Specification at Volume 3 sets out the Council’s performance requirements and required outcomes for the Services.

6.2. Bidders are required to submit a Method Statement to set out how they propose to meet the requirements of the Specification. Details of the Method Statements required as part of this ITT are set out in Appendix 6 of the Response Document (Volume 4).

6.3. The Contractor will be expected to take over the provision of all the Services specified in the Specification (Volume 3) from the Commencement Date, which is expected to be following a short period for mobilisation after contract award.

7. PRICING TABLES

Bidders shall complete all sections of the Pricing Tables. Instructions on how to complete the Pricing Tables are set out in Appendix 5 to the Response Document.

3

PART 2 SUBMITTING TENDERS

8. PROCEDURE FOR THE SUBMISSION OF TENDERS

8.1. Completed Tenders must be submitted in accordance with the procedure as set out in the Response Document by 12 noon on the deadline set out in paragraph 3 of this ITT.

8.2. Where there have been changes in the information supplied by the Bidder to the Council at any time previous to the submission of the Tenders, such changes should be disclosed in full.

8.3. The Council reserves the right to reject any Tenders received after the deadline.

9. ENQUIRIES AND COMMUNICATION

9.1. Bidders may submit questions and requests for clarification or further information. All requests for clarification relating to the procurement process must be submitted electronically via the Delta Esourcing portal. No contact shall be made with any officer or employee of the Council without prior written consent and any contact made shall be followed up by the Bidder on the Portal.

9.2. All questions and requests for clarification in relation to submission of Tenders must be uploaded onto the Portal no later than the deadline for queries as set out in the timetable at paragraph 3.1 above. The Council reserves the right not to answer requests made after this deadline.

9.3. The Council does not undertake to answer questions or clarifications received after the question deadline since this will not give sufficient time for considered answers and does not give other Bidders time to react to the answers given the proximity of the return date.

9.4. When submitting a question or request for clarification or further information, Bidders should indicate whether or not they believe the question or request for clarification or further information is commercially confidential to them and should not therefore be shared with other Bidders. This should be done through marking the question or request for clarification or further information ‘Confidential – not to be circulated to other Bidders’. At its absolute discretion, the Council will respond to that specific request privately, providing that the principle of equal availability of information to all Bidders need not be breached.

9.5. If the Council considers that, in the interests of open and fair competition, they are unable to respond to the question or request for clarification or further information on a confidential basis, they will inform the Bidder who has submitted it. The Bidder must as soon as practicable thereafter respond in writing requesting that either the query be withdrawn or treated as not confidential. The Council will deem that the question or request for clarification or further information has been withdrawn if the Council is not contacted in writing within three working days following informing the Bidder as referred to above.

9.6. If appropriate to do so, the Council shall collate all of the questions and their responses which will be circulated to all Bidders.

4

10. POST-SUBMISSION OF TENDERS

10.1. Following the Tender submission, the Council will carry out an evaluation of the Tender and if applicable, raise any clarification questions with Bidders.

10.2. The Council will apply the Details of Method Statement (set out at Appendix 6 of the Response Document Volume 4) and prepare an evaluation report based on the Tenders received.

10.3. The Council reserves the right to reject a tender that is incomplete and fails to include any specific proposals.

5

PART 3: CONDITIONS OF TENDERING

11. GENERAL

11.1. Bidders participate in the process and submit Tenders in the knowledge, and on the understanding and acceptance that these conditions apply to the process and agree these terms in all respects.

11.2. It is the responsibility of each Bidder to ensure that they have all of the information they need to prepare their Tenders.

12. SURVEYS, INSPECTIONS AND INVESTIGATIONS

12.1. Insofar as the Bidder seeks to place any reliance on the information relating to the Services then the Bidder shall satisfy himself as to the accuracy of such information by carrying out such surveys, site investigations and such as the Bidder shall deem necessary.

12.2. Bidders may carry out surveys, inspections and investigations at their own cost.

13. BIDDING COSTS

13.1. Each party will bear its own costs of bidding.

13.2. The Council reserves their position as to whether or not it will enter into contractual arrangements and the submission of Tenders, will be entirely at the Bidders’ risk.

13.3. The Council will bear no liability whatsoever for the outcome of the process and shall not be liable for the costs of preparation, presentation, due diligence, clarification, fine-tuning, or any loss of profit or other economic loss incurred by Bidders as a result of this process whatsoever (whether or not a contract is concluded with that Bidder, another Bidder or not at all).

13.4. Bidders participate in this process and submit Tenders in the knowledge and understanding that this is the case.

14. CONFIDENTIALITY

14.1. Subject to the exceptions referred to in paragraph 14.2, the Information in this ITT is being made available by the Council on condition that:

14.1.1. Bidders shall at all times treat the Information as confidential;

14.1.2. Bidders shall not (or allow anyone else to) disclose, copy, reproduce, distribute or pass the Information to any other person at any time or allow any of these things to happen;

14.1.3. Bidders shall not use the Information for any purpose other than for the purpose of making (or deciding whether to make) Tenders; and

14.1.4. Bidders shall not contact the media in relation to the Services, the procurement or this ITT nor make any statement or pass comment without the express approval of the Council in writing. Bidders shall not undertake (or permit to be undertaken) at

6

any time, whether at this stage or after any Contract award, any publicity activity with any section of the media in relation to the Services other than with the prior written agreement of the Council. Such agreement shall extend to the content of any publicity. In this paragraph the word ‘media’ includes, without limitation, radio, television, other broadcast media, newspapers or other print media, trade and specialist press, the Internet and e-mail accessible by the public at large and the representatives of such media.

14.2. Bidders may disclose, distribute or pass Information to another person (including but not limited to, for example legal advisers, the Bidder's insurers) if either:

14.2.1. This is done for the sole purpose of enabling Tenders to be made and the person receiving the Information undertakes in writing to keep the Information confidential on the same terms as set out in this paragraph 13; or

14.2.2. The Bidder obtains the prior written consent of the Council in relation to such disclosure, distribution or passing of Information.

14.3. The Council may disclose detailed information relating to Tenders to its Council's members, directors, officers, employees, agents, auditors or advisers and the Council may make the key Contract Documents available for private inspection by the Council's members, directors, officers, employees, agents, auditors or advisers. The Council also reserves the right to disseminate information that is materially relevant to the Services to all Bidders, even if the information has only been requested by one Bidder, subject to the duty to protect any Bidder's commercial confidence in its Tenders. The Council will act reasonably as regards the protection of commercially sensitive information relating to the Bidder in the light of the latest published guidance on this area and subject always to the Freedom of Information Act.

15. ACCURACY OF THE INFORMATION AND LIABILITY OF THE COUNCIL AND ITS ADVISERS

15.1. This ITT has been prepared by the Council in good faith but does not purport to be comprehensive or to have been independently verified. Bidders should not rely on the Information and should carry out their own due diligence checks and verify the accuracy of the Information. Nothing in this ITT is or shall be a promise or representation as to the future.

15.2. Bidders considering entering into a contractual relationship with the Council should carry out their own due diligence, make their own enquiries and investigations (and shall be deemed to have done so). The subject matter of this ITT shall only have contractual effect when it is contained in the express terms of an executed Contract.

15.3. Neither the Council, its Members, directors, officers, employees, agents, auditors or advisers make any representation or warranty as to, or accept any liability or responsibility in relation to, the adequacy, accuracy, reasonableness or completeness of the Information or any part of it (including but not limited to loss or damage arising as a result of reliance by the Bidder on any of the Information contained in this ITT).

15.4. The invitation by the Council to a Bidder to submit Tenders does not mean that the Bidder has satisfied the Council regarding any matter raised during Pre-Qualification, and the Council make no representations or warranties regarding the Bidder's financial status or stability, technical competence or ability in any way to carry out the Contract.

7

16. CANVASSING

16.1. Any Bidder who, in connection with the Services:

16.1.1. Offers any inducement, fee or reward to any member or officer of the Council or any person acting as an adviser for the Council in connection with the Services; or

16.1.2. Does anything which would constitute a breach of the Bribery Act 2010 or under Section 117 of the Local Government Act 1972; or

16.1.3. Canvasses any of the persons referred to in paragraph 16.1.1 in connection with the Services; or

16.1.4. Contacts any officer of the Council prior to the Contract being awarded about any aspect of the Services in a manner not permitted by this ITT (including without limitation a contact for the purposes of discussing the possible transfer to the employment of the Bidder of such officer for the purpose of the Services),

may be disqualified (without prejudice to any other civil remedies available to the Council and without prejudice to any criminal liability which such conduct by a Bidder may attract).

17. NON-COLLUSION

17.1. Any Bidder who, in connection with the Services:

17.1.1. Fixes or adjusts the amount of his Tender by or in accordance with any agreement or arrangement with any other Bidder; or

17.1.2. Enters into any agreement or arrangement with any other Bidder that he shall refrain from making Tender or as to the amount of any Tender to be submitted; or

17.1.3. Causes or induces any person to enter such agreement as is mentioned in either paragraph above or to inform the Bidder of the amount or approximate amount of any rival Tenders for the Services; or

17.1.4. Offers or agrees to pay or give or does 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 Tenders or proposed Tenders for the Services any act or omission; or

17.1.5. Communicates to any person other than the Council the amount or approximate amount of his proposed Tender (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Tenders (for example, for insurance or a parent company guarantee),

may be disqualified (without prejudice to any other civil remedies available to the Council and without prejudice to any criminal liability that such conduct by a Bidder may attract). Bidders are required to return the Anti-Collusion Certificate set out in the Response Document with their Tenders.

8

18. COPYRIGHT

18.1. The copyright in this ITT is vested in the Council and may not be reproduced, copied or stored in any medium without the prior written consent of the Council. This ITT, and any document issued as supplemental to it, are and shall remain the property of the Council and must be returned upon demand.

19. THE COUNCIL’S RIGHT TO REJECT TENDERS

19.1. The Council is not bound to accept the lowest or any Tender and the Council reserves the right to accept any Tender either in whole or in part or parts.

19.2. Nothing in this ITT shall oblige the Council to award a Contract and the Council shall be able in its sole discretion to withdraw from the process at any stage.

19.3. The Council reserves the right, subject to relevant legislation, at any time to reject any Tenders with any one or more Bidders.

19.4. The Council reserves the right to disqualify any Bidder who makes material changes to, or (in the Council’s opinion) a material change takes place in respect of, any aspect of either its Pre-Qualification submission or Tender unless substantial justification can be provided to the satisfaction of the Council.

19.5. The Council may (but shall not be obliged) at its discretion but always acting proportionately and in accordance with the law to deselect a Bidder or a Tender if (without limitation):

19.5.1. the Tender is unaffordable;

19.5.2. the Tender places excessive risk on the Council;

19.5.3. the Tender scores below the satisfactory threshold in any area (as described further in the Evaluation Model);

19.5.4. the Tender is incomplete, misleading or inaccurate;

19.5.5. the Bidder makes material changes to, or (in the Council’s opinion) a material change takes place in respect of, any aspect of either their Pre-Qualification submission or Tenders unless substantial justification can be provided to the satisfaction of the Council.

20. CONSISTENCY OF INFORMATION

20.1. The Council is relying on the information provided by Bidders during Pre-Qualification. If, at any time prior to the submission of the Tenders, there are any material changes to the same, the Bidder must advise the Council as soon as practicable (even if this is prior to the submission of the Tender).

21. FREEDOM OF INFORMATION ACT

21.1. In accordance with the obligations placed upon public authorities by the Freedom of Information Act (FOIA) and/or Environmental Information Regulations (EIR), all information

9

submitted to the Council may be disclosed by the Council in response to a request made pursuant to the FOIA and/or the EIR.

21.2. Bidders must carefully consider the use of phrases such as “in confidence” or “commercially sensitive” when submitting Tenders since they will not necessarily protect Tenders or parts of the Tenders from disclosure. In respect of any information submitted by Bidders which they consider to be commercially sensitive, Bidders should:

21.2.1. clearly identify such information as commercially sensitive and the consequences of disclosure; and

21.2.2. detail the envisaged timeframe during which such information will remain commercially sensitive.

21.3. The Council is required to comply with the provisions of the FOIA and/or EIR and will normally seek comments from any party whose information is subject to a request under the FOIA and/or EIR. Even where information is identified as confidential and/or commercially sensitive, the Council may be required to disclose such information in accordance with the FOIA and/or EIR if a request is received. Receipt of Tenders marked in whole or in part as “confidential” and/or “commercially sensitive” should not be taken to mean that the Council accepts any duty of confidence by virtue of the marking.

21.4. Bidders are asked to complete the table in the Response Document at Appendix 4 to identify any areas of their Tenders that they consider are confidential and/or commercially sensitive.

22. EQUAL OPPORTUNITIES AND RACE RELATIONS

22.1. Bidders are reminded of their obligations to comply with the provisions of the Equalities Legislation and the obligations on the Successful Bidder to assist the Council to comply with their obligations under the Equalities Legislation.

23. INTERPRETATION

23.1. The definitions included in Clause 1 of the draft Contract shall apply to this ITT except to the extent that any terms are defined in Appendix 1 (Glossary of Terms) of this ITT.

24. AMENDMENTS TO THE TENDER DOCUMENTS

24.1. The Council reserves the right to issue amendments or modifications to the ITT Documents during the ITT Period. Any such amendments will be issued to all Bidders simultaneously and Tenders will be assumed to take account of any such modifications and amendments arising from this period.

25. PRE-QUALIFICATION QUESTIONNAIRE

25.1. The Bidder must confirm in their Tender that any statement made in their Pre-Qualification Questionnaire remains true and accurate in all material respects; save as specifically disclosed in their Tender. Without prejudice to the generality of foregoing, where the Bidder publishes new accounts at any time during the tender period, these should be submitted to the Council for review. The Council reserves the right to return to any matters raised in the Pre-Qualification Questionnaire and to exclude any Bidder from

10

further participation in the procurement process where any such change affects adversely a Bidder’s suitability for the Services as judged against the Pre-Qualification criteria for the Pre-Qualification process.

26. SUB-CONTRACTORS

26.1. Bidders must be able to satisfy the Council as to their ability to perform the Services. Nevertheless, the Council will consider proposals from Bidders for part of the Services to be performed by sub-contractors provided that:

26.1.1. the proposed part of the Services and the sub contractors are approved by the Council which may include the prior approval of the terms of the sub-contractor's appointment or contractual arrangements to be entered into between the Bidder and any such sub-contractor; and

26.1.2. upon request by the Council, the Bidder procures a collateral warranty (in the form set out in the Response Document or a form approved by the Council) from the proposed sub-contractors to the Council in respect of the performance of the relevant part of the Services.

26.2. Bidders should also refer to the draft Contract as its terms relate to sub-contracting.

26.3. Where a Bidder intends to use a sub-contractor it will be the responsibility of the Bidder to provide the sub-contractor with all the necessary information (having regard to the provisions relating to confidentiality in this ITT). Where information about a Bidder is requested in this ITT, such information must be given about all sub-contractors of that Bidder.

11

PART 4 - EVALUATION OF TENDERS

27. INTRODUCTION

27.1. This part of the Instructions provides guidance on the methodology that will be used for the evaluation of the Tenders. The Tenders will be evaluated on the basis of the lowest priced compliant tender for the Council having regard to the requirements set out in the Details of the Method Statements in Appendix 6 of the Response Document (Volume 4).

27.2. Bidders will be scored only on the information contained within their Tenders as submitted by 12 noon on the date set out in the indicative Timetable at paragraph 3 above as the Tenders may be clarified and augmented pursuant to paragraph 10.1 and only against the criteria requirements in the Details of the Method Statement list set out in Appendix 6 of the Response Document (Volume 4).

28. METHODOLOGY

28.1. Tenders will be checked initially for compliance with these Instructions, the requirements in the Response Document, and for completeness. Whilst the Council shall be entitled to seek clarification from Bidders in order to determine if a Tender is complete and compliant, Bidders should note that the Council reserves the right to reject Tenders that are not substantially complete and/or compliant with the Instructions and the Response Document requirements.

28.2. Bidders/Tenders who pass the initial compliance stage will then be evaluated against the criteria identified in the Evaluation Model.

28.3. The Council will decide if it is appropriate to seek clarification on the Tenders and may request clarification at any time if required to complete the evaluation process.

28.4. The evaluation methodology and Evaluation Model will be applied by the Council to score each Tender on a Pass/Fail or Compliant/Non-Compliant Basis.

28.5. Bidders’ are required to submit the Method Statements as set out in Appendix 6 of Volume 4.

28.6. Pass/Fail Method Statements:

28.6.1. If any Bidder fails to submit any of the pass/fail Method Statements the Tender shall be deemed non-compliant and the Bidder will be rejected.

28.6.2. If any of the pass/fail Method Statements are submitted but are not adequate at ITT stage, the Council reserves the right to reject them.

29. PRICE

29.1. Details of the financial submissions required are set out in the Response Document (see Appendix 6, Volume 4). The financial submissions will be evaluated by assessing the overall costs and affordability aspects of the Tenders.

29.2. The Council’s expectation is that Bidders’ Annual Sums will be within the affordability level of £650,000 (six hundred and fifty thousand) per annum (“the Affordability Level”).

12

29.3. At this ITT stage, if a Bidder’s Annual Sum exceeds the Affordability Level, it will not necessarily be deemed non-compliant.

29.4. The Council reserves the right to reject any Bidder with an Annual Sum that exceeds the Affordability Level.

13

APPENDIX 1 – GLOSSARY OF TERMS

Term or Abbreviation

Definition

Bidder Each of the organisations to whom this ITT is issued

Provider The party which ultimately enters into the Contract with the Council

Tenders Responses submitted by a Bidder in response to this ITT

Information The information contained in the ITT, or which has been or will be made available to the Bidder in connection with any further enquiries in relation to its subject matter or in the course of the process

ITT Invitation to Tender issued to the short-listed Bidders

ITT Period The period from the date of issue of this ITT until the outcome letters are sent out

Method Statements

The Method Statements to be prepared by the Bidder as part of its Tender to explain how the Services will be delivered

Pre-Qualification All procedures used by the Council to evaluate Bidders prior to the date of this ITT to the short-listed Bidders

Specification The Specification is included in Volume 3 and sets out the Council’s required outcomes and standards for the Services to be provided

14

Appendix 2 – Workforce Information

[See attached Workforce Information]

15