glossary of terms - web viewclear managerial responsibility to nurture talent and ... responses may...

31st October 2016

Contract Term: 15 Years + 5 + 5 (year(s) extensions)

NOTE: All Correspondence relating to this Tender may only be made through the Messaging area on the Due North Portal, ProContract.

No Direct Communication will be entered into in relation to this Tender

Closing date for receipt of completed 1st round Submissions via ProContract:

No later than 12:00 hrs noon on 28th November 2016

of 28 Project Id: DN113233

Project Id: DN113233Originally Advertised on PIN ref DN113233 on 23-3-16 (2016/S 061-104309)

Concession ContractInvitation to Negotiate (ITN)- Competitive Procedure with Negotiation

Commercialise Capacity in LCC owned NET Ducts & Public WiFi

Table of Contents

Contents

Section Title Page Number

1 Glossary of Terms 32 Introduction 43 Background 44 Service Requirements / Outline Specification 55 Information to Bidders 86 Terms Applicable to this Tender 137 Tender Submission Requirements 158 TUPE – Not thought applicable 169 The Evaluation Process 17

10 Pricing Scoring Element 2211 Tie Breaker 2312 Vision, Purpose, Aims and Priorities of the City 24

Schedule A ITN Qualification Questionnaire_ NET ducts & Public WiFiSchedule B ITN Submission_ NET ducts & Public WiFi (Including Financial Offer)Schedule C Not Used Schedule D Not UsedSchedule E Not Used

NOTE:-Duct Layout Drawings and details, which are available for inspection at the Cunard Building, by prior appointment with:Jayne Black I Team Leader – Traffic Management and Road SafetyLiverpool City Council, Cunard Building, The Strand, Liverpool, L3 1DST: 0151 233 0274 I M: 07921 284735 E: [email protected]

We are working at locating electronic versions within the archives


1 Glossary of TermsThe following table contains a list of common terms that are used throughout this Invitation to Participate Document and their definitions. – Other definitions are included in “The Agreement”

GlossaryThe Authority Shall mean Liverpool City Council, the contracting entity.

Bidders The Organisation responding to this Invitation to Tender Document.ProContract (The Chest)

The Council’s procurement portal Due North Portal, ProContract. https://procontract.due-north.com (Formerly The Chest www.the-chest.org.uk), which will be used for sharing documents and communicating with Respondents through this competition.

Contract Agreement

Shall mean an Agreement between the Council and the Supplier, for the execution of the Service which are subject of this Tender, including all documents to which reference may properly be made in order to ascertain the rights and obligations of the Parties.

Consortium The members of the group or associates thereof identified by the Bidders as persons who will play a significant role in the delivery of the Service and become a party to any Agreement with the Council either individually or as participants in any legal entity.

Council or LCC Shall mean Liverpool City Council who is the AuthorityEOI Expression of Interest

FOIA The Freedom of Information Act 2000, all regulations made under it and the Environmental Information Regulations 2004 and any amendment or re-enactment of any of them and any guidance issued by the Information Commissioner in relation to such legislation

Invitation to Negotiate(ITN)

Means this Invitation to Tender documentation and all related documents published by the Council (LCC) and made available to those Bidders that qualify to the ITN stage of the Tender.

Key Person(s)Shall mean those employed by the Organisation who have responsibility for service provision and the management of any Contract, who should be contacted in case of difficulties with this Tender.

Officer(s) Any director; company secretary; partner or associate; trustee, or any other person occupying a position with powers of representation, decision or control within the Organisation.

The OrganisationThe sole practitioner; partnership; incorporated company; public body; co-operative; charity or analogous entities operating outside the UK, (as appropriate), responding to this ITN.

Procurement Representative

Shall mean the person duly appointed by the Council to act as the Council’s procurement representative during the Tender and the period of the Contract.

PCR 2015 Public Contracts Regulations 2015 and all subordinate legislationThe Service The supply of goods or services or works which are the subject of this ITN.

The Supplier Shall mean the Bidder whose Tender is accepted in whole or in part and, where the context also allows, their personal representatives or successors, as the case may be, and permitted assignees.

Sub-Contractor Shall mean the Organisation to whom any part of the Contract had been sublet in accordance with the Contract and its legal representatives; successors, and permitted assignees.

Tender The process by which the Supplier of the Service will be selected following an evaluation of the completed Invitation to Tender and any additional documents


https://procontract.due-north.com/

requested.

2 Introduction and Council Requirements

2.1 The Council is conducting a bespoke competitive procurement procedure with negotiation and is inviting suitably qualified Bidders to submit Tender responses set out within this Invitation to Negotiate (ITN) document.

2.2 Initially the Council is seeking to contract with a partner for a 15 year period with a potential for two, 5 year extensions (each), to deliver its vision of ultra-fast broadband and Wi-Fi services to the City Centre of Liverpool under a concession arrangement with the successful Tenderer. Extensions to the contract period will be at the sole discretion of the Council

2.3 The Authority through a range of public sector funding will seek to gap fund the partner's investment where possible. The sources and level of the public sector intervention required will be established through the competitive dialogue process

2.4 You are invited to submit a Tender for the contract as described below and as set out within the Invitation to Negotiate (Tender). All areas of the specification are open to negotiation, including terms of contract at the discretion of the Contracting Authority. The pricing model will remain fixed and will not be subject of negotiation. The selection and award criteria will remain fixed throughout this process

3 Background

3.1 Liverpool City Council requires an innovative partner to participate and invest in a partnership to be established with the Authority to develop and deliver a future proof, fully sustainable Ultrafast broadband network with access to end user applications and services to a contiguous area within the city boundary. In addition to the provision of ubiquitous Wi-Fi/wireless coverage to a larger defined area including business communities, public sector organisations and citizens of the administrative areas of the Authority

3.2 The Ultrafast broadband network must provide the optimum achievable end to end service levels that support current and future applications and services, resilience, quality of customer experience and affordability at the end user level.

3.3 The Ultrafast broadband network will be required to be open to all service and communications providers.

3.4 The Ultrafast broadband network must support the delivery of innovative, future public sector services and all public sector organisations in the Liverpool Area and must have the opportunity to have services delivered over the Ultrafast broadband network.

3.5 The Ultrafast broadband deployment must take steps to reduce any impact on the environment and in doing so maximise the positive impact of ICT on the environment and use of sustainable energy


3.6 New Wi-Fi in Liverpool must look to increase the general performance of existing or other cities’ wi-fi and replace outdated technologies with the more pioneering solutions of today

4 Service Requirements / Outline Specification

4.1 The exact details of service requirements and specification are to be negotiated with the successful bidders at BAFO stage (Best And Final Offer)

4.2 Liverpool Council Desire an all-inclusive and holistic solution, to address the two streams of Internet connectivity. Utilising Capacity in LCC owned NET ducts to provided Ultrafast Broadband and Supply of Public WiFi connectivity and the most value add to the people and business community of the City and have no desire to be over specific.

4.3 It is envisaged that the partner will own the Ultrafast broadband network and in doing so will have responsibility for maintaining and upgrading the technology to deliver Ultrafast broadband network and Wi-Fi provision ensuring a sustainable arrangement.

4.4 It is thought that the Partner will be responsible for the provision of open access ducting and other infrastructure services to accommodate back haul services and fibre to premise capability to designated areas. Whenever new ducting is required this should be cognisant of other services requirements utilising multifunction utility ducting where appropriate

4.5 The partner will be required to ensure open, equitable and transparent access to the Ultrafast broadband and the Wi-Fi/wireless networks.

4.6 The partner will be expected to own and manage the risks associated with delivering and operating both networks, under a concession agreement

4.7 The partner will be required to invest in and support a programme of demand stimulation and business support, to include: developing broadband and ICT skills and capabilities of the workforce in the Liverpool Area, addressing digital exclusion and promoting use of broadband, Wi-Fi / Wireless connectivity and ICT in communities

4.8 Project investment will be on strict terms of business similar to private sector, with mutually acceptable and equitable commercial terms being demonstrated within a sound business plan, mitigating unacceptable risk to Liverpool City Council. Any required contractual leasing arrangements will be at market rate

4.9 The partner will be required to invest in and support a programme of demand stimulation and business support, to include: developing broadband and ICT skills and capabilities of the workforce in the Liverpool Area, addressing digital exclusion and promoting use of broadband, Wi-Fi / Wireless connectivity and ICT in communities

4.10 The Ultrafast broadband network must provide the optimum achievable end to end service levels that support current and future applications and services, resilience, quality of customer experience and affordability at the end user level. The Ultrafast broadband network will be required to deliver the optimum coverage for the available investment funding, aiming for close to 100 percent coverage across the contiguous area


4.11 The Ultrafast broadband network will be required to be open to all service and communications providers. The Ultrafast broadband network must support the delivery of innovative, future public sector services and all public sector organisations in the Liverpool Area and must have the opportunity to have services delivered over the Ultrafast broadband network

4.12 The Ultrafast broadband deployment must take steps to reduce any impact on the environment and in doing so maximise the positive impact of ICT on the environment and use of sustainable energy

4.13 The Partner will be required to offer wholesale services and access to other operators in an open, transparent and non-discriminatory manner.

4.14 A concession contract will be awarded on the basis of objective criteria that identify an overall economic advantage for the Council as opposed to a basis of price or cost using a best price-quality ratio

4.15 The project will be reviewed on a regular basis and monitoring mechanisms will be implemented to ensure that any agreed extra profits generated through the operation of the Ultrafast broadband network will be returned to the Council

4.16 Duct Layout Drawings and details, are available for inspection at the Cunard Building, by prior appointment with:Jayne Black, Team Leader – Traffic Management and Road SafetyLiverpool City Council, Cunard Building, The Strand, Liverpool, L3 1DST: 0151 233 0274 I M: 07921 284735 E: [email protected]

4.17 Currently it is thought that there are some 172Km of Ducting with Fibre, Dark Fibre or empty ducts under the City and available for the Partner to exploit in a commercially viable offer to the Council.

4.18 There are similarly hundreds/thousands of items of Street Furniture (traffic light columns/cctv cameras/lighting columns, etc) together with a host of public buildings/public realm features which could be utilised to give full Wi-Fi coverage across the City

Zones/Areas to be served be the Ultrafast Broadband and Wi-Fi initially are Initially Liverpool City Districts, widening the coverage as demand increases and comprise:-

Business Area Main Retail area Waterfront Creative Quarter Knowledge Quarter, and Historic Downtown


5 Information to Bidders

5.1 This ITN suite of documents sets out the specification requirement and Tender evaluation process to be used in the evaluation of Tender returns. The Tender documentation, including this document, is intended to be read as a whole for purposes of Tendering and entering into any subsequent contract.

5.2 The information supplied in the ITN and elsewhere in connection with it, is for guidance only and Bidders must satisfy themselves by their own investigations of its accuracy. The Council accepts no responsibility for any inaccurate information obtained by Bidders.

5.3 Tenders must not be amended, qualified, made conditional or accompanied by statements which might reasonably be construed as rendering them equivocal.

5.4 During the Tender submission period, Bidders will be able to request further information and seek clarification of any aspects of the Tender submission requirements and / or any supplementary information made available by the Council. All such requests must be made using the ‘Messages’ option available on ProContract (formerly The Chest) for this tender opportunity. No Direct emails to the council employees or elected members will be entertained. Disqualification from the tendering process may result.

5.5 The Council reserves the right to cancel or vary this ITN at any time or stage and shall not be liable for any costs resulting from the variation or cancellation or for any other costs incurred by those responding to this Tender opportunity.

5.6 The Council is subject to the Freedom of Information Act 2000 (hereinafter FOI), all regulations made under it and any amendment or re-enactment of any of them and any guidance issued by the Information Commissioner in relation to such legislation.

Subject to the requirements of FOI, the content of this tender and any subsequent submissions shall remain confidential and restricted only to those with a legitimate professional requirement to access this information. Information submitted by any Bidders will be considered and treated as confidential by the Council, and any consultants acting on their behalf.

However, candidates should be aware that the information they provide could be disclosed in response to a request under the FOIA.

The Council will proceed on the basis of disclosure unless and appropriate exemption applies.

Bidders should be aware that despite the availability of some exemptions information may still be disclosed if the public interest in its disclosure outweighs the public interest in maintaining the exemption.

The Council will use all reasonable endeavours to consult with Bidders over the release of information which is highlighted by a Bidder as commercial sensitive or confidential. Candidates should therefore: Highlight information in their responses which they consider to be commercially sensitive or confidential in nature


Provide an estimate of the period of time during which the candidate believes that such information will remain commercially sensitive/confidential; State the precise reasons why they consider the information to be commercially sensitive /confidential, including the potential implications of disclosure.

Bidders can consolidate this information into a schedule if so required

No response to the ITN should be covered by a general statement regarding its overall confidentiality.

The Council is required to form an independent judgement as to whether the information is exempt from disclosure, accordingly.

The Council cannot guarantee that any information identified as confidential or commercially sensitive will not be disclosed and therefore the Council cannot accept any liability for loss as a result of any information disclosed in response to a request under FOIA.

5.7 The successful Bidder will be required to enter into a formal agreement (concession) based upon the negotiated terms and conditions acceptable to the Council. The agreement will incorporate the Tender documentation issued as part of the ITN, Tender clarification and responses and the Bidders responses to this Tender exercise.

5.8 Tenders shall remain valid for at least 6 months from the closing date. If not accepted within this period, the Tender shall remain in force without variation but you may at any time thereafter give notice in writing, requiring the Council to accept the Tender within seven days following service of such notice but if the Council does not, the Tender shall be deemed withdrawn.


5.9 Tender timetable – the proposed timetable for the procurement is set out below. Please note however that the stages and timings are indicative and the Council reserves the right to vary, amend or cancel the Tender at any stage prior to entering into a contract with a Bidder.

Stage Indicative DatesIssue PIN 23 March 16Responses to soft market testing / 14 June 16ITN issue date 31 October 16Closing date for ITN clarification questions 21 November 16Final date for ITN clarification question responses 24 NovemberClosing date for return of 1st round ITN 28 November 16Removal of seal 28 November 16Start of Tender evaluation period 28 November 16Estimated end of 1st round Tender evaluation period 5 December 16Issue Invitations to Negotiate (Unsuccessful and Successful Bidders informed)

6 December 16

Negotiation Period 13 January 17Final ITN (BAFO) issue date 16 January 17Closing date for final ITN (BAFO) clarification questions 3 February 17Final date for ITN (BAFO) clarification question responses

6 February 17

Closing date for return of Final ITN BAFO 10 February 17Removal of seal by Legal Services 10 February 17Start of Final Tender evaluation period 13 February 17Estimated end of Final Tender evaluation period 28 February 17Internal Sign Off 3 March 17Notice of intention to award (Unsuccessful and successful Bidders informed)

6 March 17

Start of mandatory standstill period (10 days) 6 March 17End of mandatory standstill period 16 March 17Confirmation to successful Bidder(s) 16 March 17Contract Finalisation 24 March 17Contract Mobilisation 3 April 17Contract start date TBC


5.10 SOCIAL VALUELiverpool City Council is committed to the Public Services (Social Value) Act 2012 (PSSVA 2012); ensuring that social, economic and environmental issues are considered at all stages of our commissioning and procuring process, and as part of the whole life cost of a contract.

The Council aims to make Liverpool a greener, cleaner, healthier more sustainable, better connected and attractive city offering fair and equal opportunity for all its citizens. LCC is committed to ensuring its procurement approach embraces the PSSSVA (2012) to support these aims in delivering city wide services that; are innovative; reduce waste; minimise the use of natural resources; promote health and reduce inequality; provide local economic opportunities.

More information on the PSSVA (2012) can be found at https://www.gov.uk/government/publications/social-value-act-information-and-resources/social-value-act-information-and-resources

5.11 WORKFORCE MATTERSLiverpool City Council (LCC) is persuaded by evidence which shows that the delivery of high quality public services is critically dependent on a workforce that is well-motivated, well led and has appropriate opportunities for training and skills development. These factors are also important for workforce recruitment and retention, and thus continuity of service. LCC itself has adopted workforce policies to meet these requirements. These policies include:• A pay policy that includes a commitment to supporting the living wage;• Fair employment practices;• Clear managerial responsibility to nurture talent and help individuals fulfil their potential;• A strong commitment to Modern Apprenticeships and to the development of Liverpool’s young• workforce; • Support for learning and development;• No inappropriate use of zero hours contracts;• No inappropriate use of “umbrella” companies;• Flexible working;• Flexi-time; and• Career breaks

Liverpool City Council also attaches importance to ensuring effective consultation and involvement of staff works in works in partnership with recognised trade unions. While it is, of course, a personal decision whether or not to join a trade Union Liverpool City Council encourages its staff to join an appropriate Union and to play an active part within it, making sure their views are represented.

In order to ensure the highest standards of service quality in this contract we expect contractors whose workers work alongside ours to take a similarly positive approach to workforce-related matters as part of a fair and equitable employment and reward package.

5.12 LIVING WAGETo improve the quality of life for low paid individuals and provide for a positive impact on the local economy, Liverpool City Council is committed to paying the Living Wage as calculated by The Living Wage Foundation to Council Staff. We would encourage other organisations providing services to Liverpool to adopt this approach with their own staff, whilst ensuring they continue to offer best value and quality within an affordable business model. From 1st April 2016, the


https://www.gov.uk/government/publications/social-value-act-information-and-resources/social-value-act-information-and-resources

https://www.gov.uk/government/publications/social-value-act-information-and-resources/social-value-act-information-and-resources

government introduced a new statutory National Living Wage for staff aged 25 and over which is separate to the Living Wage. The Living Wage is a higher figure which is voluntary and is calculated by The Living Wage Foundation. Currently the UK Living Wage outside of London is £ £8.25 per hour but this will be regularly updated and it applies to those over 18 years of age but excludes apprentices or interns.

5.13 WELLBEING CHARTERThe Authority recognises suppliers and providers who have gained accreditation to the Workplace Wellbeing Charter, details of which can be found at http://wellbeingcharter.org.uk/index.php


http://wellbeingcharter.org.uk/index.php

6 Terms Applicable to this Tender

6.1 The ITN documentation comprises:Those documents and appendicles listed in the Contents Table on Page 2 of this document

6.2 The Tender documentation, together with the appointed Bidder’s Tender submissions requested in the ITN Questionnaire submission document will form the contract.

6.3 The contract term for the Concession Agreement (the Contract) is . 15 Years + 5 + 5 (year(s) extensions) Extensions to the contract period/term will be at the sole discretion of the Council

6.4 Disclosure / Dissemination of Information – the Council may disclose detailed information relating to Bidders’ Tender Submissions to the Council’s members, directors, officers, employees, agents or advisers and it may make Bidders’ Tender submissions available for private inspection by the Council’s members, directors, officers, employees, agents or advisors.

6.5 Council’s Right to Reject Submissions – the Council reserves the right to reject or disqualify a Bidder where:-

A Tender Submission is submitted late, is completed incorrectly, is materially incomplete or fails to meet the Council’s submission requirements set out in this document.

The Bidder and / or a member(s) of its supply chain are no longer able to satisfy the terms of Regulation 57 of the Public Contracts Regulations 2015 at any stage during the Procurement.

The Bidder is guilty of material misrepresentation in relation to information provided by the Bidder during the Procurement.

The Bidder contravenes any of the terms and conditions of this ITN documentation There is a change in identity, control, financial standing or other factor impacting on the

selection and / or evaluation process affecting the Bidder and /or a member(s) of its supply chain.

6.6 In particular, Bidders may be required to furnish such further information as the Council may require (and for the avoidance of doubt, the Council may make multiple requests as to the economic and financial standing of the Bidder at any stage of this procurement, and prior to the award of the Contract). The Council reserves the right to disqualify any such Bidder from this Procurement if the information is not supplied.

6.7 The disqualification of a Bidder will not prejudice any other civil remedy available to the Council and will not prejudice any criminal liability that such conduct by a Bidder may attract.

6.8 Amendments to the Tender – the Council reserve the right to issue amendments or modifications to this ITN during the tender period. These will be issued to all Bidders simultaneously and Submissions will be assumed to take account of any such modifications and amendments.

6.9 This ITN sets out the Council’s current requirements. In the event of any inconsistency or conflict between this ITN and any documents previously issued by the Council, this ITN will take precedence over any documents previously issued by the Council.


6.10 Acceptance of Tenders – no offer made in a Tenderer’s Submission is deemed accepted by the Council until all of the following have occurred:-

The Council has accepted the Tenderer’s offer in writing in relation to this tender Any relevant standstill period has ended The Council has not suspended the procurement exercise for any reason what so ever (e.g. due

to a challenge

6.11 Accuracy of the Invitation to Tender information and Liability of the Council and its Advisors – the ITN information 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 detailed information contained this this ITN and should carry out their own due diligence checks and verify the accuracy of the detailed information contained in this ITN. Nothing in this ITN is, or should be construed as, a promise or representation as to the future.

6.12 Bidders considering entering into a contractual relationship with the Council should make their own enquiries and investigations of the Council’s requirements beforehand. The subject matter of this ITN shall only have contractual effect when and to the extent it is contained in the express terms of an executed contract.

6.13 None of the Council, the Council’s members, directors, officers, employees, agents or advisors make any representation or warranty as to, or (save in the case of fraudulent misrepresentation) accept any liability or responsibility in relation to, the adequacy, accuracy, reasonableness or completeness of the ITN Information or any part of it (including but not limited to loss or damage arising as a result of reliance by the Bidder on the ITN Information or any part of it).

6.14 Sub-Contractors – where a Bidder intends to use sub-Contractors it will be the responsibility of the Bidder to provide the sub-Contractor with all the necessary information (including the requirement to maintain confidentiality). Where information about a Bidder is requested during the ITN, the Council may request such information to be given about all sub-Contractors to that Bidder.

6.15 The Council are under no obligation to award a contract and reserves the right to withdraw from the Tender at any time. No actions or notifications (or any communications whether written or verbal) issued by the Council (or its advisors) before the formal contract completion should be taken as an indication of an award for any part of the Services. No costs arising from Bidders participating in the Tender shall be recoverable from the Council under any circumstances.

6.16 The costs or expenses incurred by any Bidder or other person will not be reimbursed by the Council and neither the Council nor any of their representatives will be liable in any way to any Bidder or other person for any costs, expenses or losses incurred by any Bidder or other person in connection with this Procurement.


7 Tender Submission Requirements

7.1 The Tender Questions / Criteria contained within the Tender Submission Document as a whole require concise responses which clearly reflect the Bidder’s proposals. The ITN requirements and questions therefore provide Bidders with the opportunity to present their model of delivery for Liverpool City Council.

7.2 Bidders submitting their tenders are required to address all of the Bidder Questionnaire Questions

and response requirements as described in the Tenderer Submission Documents. Responses may be subject to specific word and / or page limits. Word limits include all diagrams tables, and graphics and tenderers should be aware that some word counting tools exclude words included in the above which may result in a response exceeding its limit. Tenderers are advised that where word and/or page limits are specified, any words/pages submitted in excess of the specified limit will not be read by the evaluation panel and not, therefore, evaluated. Tenderers should avoid generic responses and ensure that the response is wholly relevant.

7.3 Bidders must submit ITN submissions and participate in this Procurement subject to, and in accordance with, the requirements of this ITN document and in accordance with any other requirements communicated from time to time to Bidders by the Council.

7.4 A Bidder which fails to materially comply with the ITN or any other requirements communicated to the Bidder by the Council to the satisfaction of the Council may be treated as failing to comply with mandatory conditions of the ITN and may, at the discretion of the Council, be rejected and eliminated from this Procurement exercise.

7.5 Tender Submissions must consist of the completed and signed Tender Submission Document together with documents referred to in it, any other documentation referred to in this document and any additional or supporting information and / or documentation (suitably cross-referenced) which the Bidder believes necessary to clarify its ITN submission.

7.6 Tender submissions should be completed in accordance with these instructions and submitted in accordance with this ITN. Failure to submit a completed ITN Submission may, at the Council's absolute discretion, result in an ITN Submission being deemed invalid. ITN Submissions may be rejected if the required information is not given at the time of submission.

7.7 The documents must be completed as directed and returned via the Chest system portal. Submissions transmitted by post, fax or email, will not be accepted.

7.8 All documents submitted via ProContract (The Chest) should be saved to include the Organisation name - document name (or question (Q?) number), and in Microsoft Word, Excel or Adobe PDF. Note: Do Not break up or separate the submission into individual questions for submission, submit as a whole and complete document (if the upload portal will permit) Only very large files may be spitAny additional documentation submitted in support of the tender, must be clearly referenced

7.9 ITN Submissions must be submitted through ProContract ( the Chest) system no later than date shown and highlighted on the front cover of this document. The ITN Submissions can be retracted and re-submitted any time before the closing date and time.


7.10 Late ITN Submissions may not be considered and the Council cannot accept responsibility for transmission delays.

7.11 If you experience technical difficulties with the system, please contact the system portal administrator (ProActis) via [email protected] or go directly to http://proactis.kayako.com/default . For critical and Time-sensitive issues (normally requiring resolution within 60 minutes) then please call 0330 005 0352. Supplier help guides are also available on “The Chest” from www.the-chest.org.uk.

7.12 Tender return documents to be submitted through ProContract / (the Chest) portal are: Completed Copies of the following:

Schedule A Qualification Questionnaire_ NET ducts & Public WiFiSchedule B ITN Submission_ NET ducts & Public WiFi, and

Financial Offer / Reimbursement – (remunerative offer and method)

Reference CV’s and Organisation Charts etcReference Programme of the worksReference Outline Business Plan / Business CaseReference Proposed Wording / Content of a Concession Agreement / ContractReference Schedule of Information RequiredReference Any other Tenderer Attachments and Submission Documentation

8 TUPE – Not thought applicable

8.1 The attention of Bidders is drawn to the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended (TUPE). TUPE may apply to the award of any new Contract for the Tendered Service.

8.2 Bidders are advised to form their own view on whether TUPE applies and obtain their own legal advice as necessary.

8.3 Any TUPE information provided during this tender process has been provided by present suppliers. The Council is not the employer of the staff who may transfer and is dependent on the present provider(s) for the provision of information concerning such staff. The Council provides no warranties or representations and gives no undertakings as to the accuracy, completeness or sufficiency of any information relating to the employees of the present provider(s) provided during the Tender. Bidders must form their own view and make their own enquiries as to whether TUPE will apply and as to the workforce implications if it does.

8.4 This information will be supplied to Bidders on request on the basis that it is treated as strictly confidential; that it is not disclosed except to such people within the Bidder’s organisation, and to such extent as is strictly necessary for the preparation of the Tender; and that it is not used for any other purpose. By requesting this information from the Council a Bidder will be deemed to have agreed to abide by these obligations of confidentiality.


http://www.the-chest.org.uk/

http://proactis.kayako.com/default

8.5 It is a requirement that the successful provider will pass on all details of their own workforce towards the end of the Contract period so that this information can be passed to other bona fide providers to enable them to assess their obligations under TUPE in the event of a subsequent transfer occasioned by a future Tender.

8.6 On the execution of the Contract, the successful Bidder will be required to provide to the Council, an indemnity in respect of the TUPE Regulations.

8.7 Bidders' pricing models must include the costs associated with the TUPE transfer of these employees. [If the costs associated with a TUPE transfer (including pensions’ costs) are subsequently found to be lower than envisaged, the Service Provider shall make a corresponding reduction in the contract price].

8.8 The Council is commissioning the Service and is not in a position to warrant that there will be sufficient existing employees in a position to transfer without relying on other resources, nor can the Council warrant that such existing employees will be willing to transfer to such Bidder. The Council will therefore evaluate the ability of Bidders to demonstrate in their Tender submissions, that they have sufficient staff resources with the relevant qualifications and expertise to carry out the Service, or adequate recruitment and training programmes in place to ensure full staffing for the delivery of the Service, without having to rely on a transfer of employees under TUPE.

8.9 Bidders are reminded of the issue of Tender-related costs referred to in the form of Tender and that the Council will not be responsible for any other costs incurred by Bidders in connection with their compliance with this part of these instructions.

9 The Evaluation Process

Stage 1:

The first stage will involve the evaluation of all compliant initial tender responses, leading to the selection of one or more bidders’ with whom LCC will negotiate. Proposals will be evaluated by the LCC Evaluation Team to determine a short list of bidders.

Each ITT Submission will be evaluated in 2 stages:-

(a) Bidder Questionnaire (Schedule A)This contains a range of ‘Suitability Assessment Questions’ and focuses on the selection of candidates. All questions are mandatory – failure to answer a question may invalidate the ITT.

(b) Tender Submission Documents (Schedule B)These contain a range of questions (evaluated as ‘Award Criteria’) related to bidders’ actual priced proposals.

More information on the above is provided in 9.7 below

“In order to progress to Stage 2 –“Negotiation” bidders must meet all mandatory sections of the Bidder Questionnaire Schedule A and achieve an initial minimum tender score of 50% of the award criteria, Schedule B. A maximum of 3 No. bidders with the highest scores will be taken through for further negotiation stages


Stage 2:

The second stage will involve negotiations with shortlisted bidders with whom meet the compliant and minimum tender score threshold. This may include the further refining of the specification, along with terms and conditions of contract. The award criteria, including pricing model will not change. The format of the negotiation will be communicated at a later date and may include a presentation. Only those questions noted as Negotiation Points will be used during the further negotiating stages of this procurement, other responses scored will be carried through the scoring model to final assessment stage

Stage 3:

Stage three involves bidders submitting a “Best and Final Offer” (BAFO) which will be subject to a further evaluation to determine a full and final tender score. Bidders’ will not be allowed to make further adjustments to their offer or communicate further with LCC except to respond to requests for clarification. An invitation to submit a Best and Final Offer is not guaranteed.

Stage 4:

Stage four involves the final decision and will be based upon the initial ITN response, negotiation sessions, and best and final offers.

9.1 The status of each question of the ITN is displayed at the beginning of each section or sub- section and is for information and guidance.

Some sections contain weighted questions and therefore individual status boxes are also contained alongside each question to provide specific guidance. Weighted questions will be awarded a score from 0 – 10 where ‘0’ indicates that there was NO response, see scoring methodology below:


Table 1SCORE CATEGORY SPECIFICATION DETAIL COMPLIANCE COMPETENCY

0 No Response Non – compliant. Unable to assess due to lack of evidence.

1 - 2 POORMajor deficiencies and only

minimally addresses the specification.

Little relevant detail.

Non – compliant, but Applicant has submitted evidence of partial compliance,

but this does not fully demonstrate the Applicant’s ability to meet LCC’s needs.

Little evidence of competency.

3 -4 PARTIALPartial satisfaction of some aspects

of the specification but with deficiencies apparent.

Contains some relevant detail, but incomplete.

Details provide some evidence of the Applicant’s potential ability to meet needs

but some questions unanswered. Applicant has indicated partial / qualified

compliance.

Some evidence of competency.

5 - 6 SATISFACTORY Specification is addressed in full, but provides only basic detail. Complete but basic. Applicant indicates compliance. Sufficient evidence of

competency.

7 - 8 GOOD Specification is addressed in full and contains a good level of detail.

A good level of detail which evidences that the Applicant can meet the needs of LCC.

Applicant indicates compliance with good evidence of ability to meet needs including

LCC specific detail (if appropriate).

Good evidence of competency.

9 - 10 EXCELLENT

Specification may be enhanced by Applicant’s approach. Response

adds value and may contain some innovation.

An impressive level of explicit detail which clearly evidences

that the Applicant can fulfil LCC’s needs.

Applicant indicates compliance with a high level of evidence of ability to meet needs,

including a high quality of LCC specific detail (if appropriate).

Excellent evidence of competency.

GUIDELINES FOR MARKING OMITTED RESPONSES / CLARIFICATIONSIf a question is not applicable then this should be clearly stated, as failure to provide mandatory detail may invalidate or disadvantage the response.

Failure to respond or an ambiguous response to any applicable question will usually lead to a clarification question being issued by LCC: the response to which (‘clarification answer’) may satisfy a mandatory response or a compliance requirement, however no marking credit will be given for any content within a clarification answer that is new or additional to that contained within the original response; however credit will be given for a clarification answer where ambiguous meaning is clarified, however the mark may

be marginally affected on the basis of competency due to lack of clarity.For the avoidance of doubt, should a requested enclosure be omitted, then the Applicant will have the opportunity to submit the enclosure to satisfy a mandatory

requirement, but no credit will be given for any information contained within the omitted enclosure.


9.2 A percentage weighting has been allocated to each question. The percentage given indicates the relative importance of the question.The mark awarded to each question is multiplied by the weighting allocated to that question to produce an Applicants response score on the identified questions/sections.

9.3 The Authority shall award the Contract to the Bidder that proposes the Most Economically Advantageous Tender. This may not necessarily be the Bidder that proposes a Tender that offers the lowest cost, which is just one element of an overall evaluation.

9.4 The evaluation process will only take into account the information provided by Bidders in their Tender Submissions and, if appropriate, responses provided to the Authority in the course of any subsequent clarification process.

9.5 Each ITN Submission will undergo a two stage review comprising:

Compliance with questions detailed within Schedule A – Bidder Questionnaire A detailed evaluation against the Technical/Quality and Price evaluation award criteria in

Schedule B – Tender Submission Document

These stages are described in detail below.

9.6 Stage 1 – Compliance Checks

On receipt of the ITN submissions, a check will be carried out to confirm compliance with the Bidder Questionnaire requirements (as set out in Schedule A) to identify significant points of clarification and qualification and to establish which Tender submissions will progress to detailed evaluation based on the award criteria (detailed below in Stage 2).

This stage will encompass a checking process to determine that none of the circumstances contained in Forms E and F of the Bidder Questionnaire (Grounds for Mandatory Exclusion and Discretionary Exclusion) apply. If one of the circumstances described in Forms E and F (Grounds for Mandatory Exclusion and Discretionary Exclusion) do apply then the bidder will be disqualified from the competition unless they ‘self-clean’ in accordance with the note provided in the Bidder Questionnaire.

Where the ability to ‘self-certify’ is mentioned in any Form, e.g. Form I – Insurance, bidders may self-certify compliance and are not required to submit documentation at this stage. Only if a bidder is successful in being awarded the contract will the Council request proof.

The ITN selection criteria are set out in the table below (the questions for which can be found within the Bidder Questionnaire – Schedule A):-


Form A Supplier Details Information OnlyForm B Bidding Model Information OnlyForm C Contact Details Information OnlyForm D Licencing and Registration NOT USED N/AForm E Grounds for Mandatory Exclusion Pass / FailForm F Grounds for Discretionary Exclusion – Part 1 Pass / Fail Form G Economic and Financial Standing Pass / Fail Form H Technical and Professional Ability Pass / Fail Form I Insurance Pass / Fail Form J Compliance with Equality legislation Pass / FailForm K Environmental Management Pass / Fail Form L Health and Safety Pass / Fail Form M Experience and Capability – Technical Questions Scored 0 – 10, with a 50%

minimum pass threshold

9.7 Stage 2 – Technical and Price Evaluation (pre negotiation)

Tender Submissions that pass the compliance check (Stage 1) will progress to the detailed award evaluation.

The detailed evaluation of ITN Submissions received in Schedule B – Tender Submission document will focus upon the Core Award and Negotiation Criteria, as highlighted in Table 1 (above, in clause 9.1).

The relative weighting of each of the Core Criteria reflects the relative importance of the individual Core Criteria.

Only those questions noted as Negotiation Point will be used during the further negotiating stages

Table 1 – Core Criteria Weightings

Core Criteria Relative Weightingof Core Criteria

Quality & Technical 80% Financial Offer/Reimbursement 20% Total 100%

9.8 The technical questions will be marked in accordance with the scores detailed in this Tender Submission Document. Submissions will score highest marks where the proposed solution is adjudged to offer further added value by reference to the criteria set out in the scoring methodology 0-10 as above.

9.9 Scores will be awarded using objective evidence and the professional judgement of the members of the Evaluation Panel, as appropriate.


9.10 Bidders are required to answer all of the Technical (Quality) Questions in Schedule B – Tender Submission Document (a further breakdown of the above core award criteria is provided in Schedule B). Responses should be clear, concise and self-contained. Supporting documents and material may only be submitted if the question requests them.

Critical Questions: certain questions are sufficiently critical that an unsatisfactory answer may lead to exclusion, irrespective of the score on the rest of the ITT. These critical questions will be clearly marked. The Council reserves the right to exclude a bidder from any further part in the tender process should they score 0, to 3 for any critical question.

9.11 The total achieved technical scores for all sections will be added together to form an overall score out of the total achievable marks. The total score will then be calculated to provide a final score in relation to the % weighting stated within the documentation

9.12 The following calculation will be used:

Technical (quality) score = Bidder score ÷ XX (total possible score) x XX% (the percentage weighting)

Example only:

Bidder A Scores – 6Total Possible score – 10Percentage weighting – 17%

Bidder A scores6/10 x 17% = 10.2%

10 Pricing Scoring Element Financial Offer / Reimbursement is included in:

Schedule B, 1. - Financial Offer / Reimbursement Offer

10.1 Each Bidder’s indicative project Financial Offer / Reimbursement offer will be evaluated and the best value offer to the Council will be awarded the full (maximum) available marks.

10.2 All other bids will be compared against this best value offer/bid and scored using the formula:-

(Other Financial Offer ÷ Best Financial Offer) x XX (total maximum available marks)

Example only:

Price – 30%Bidder A (Best Offer) £300 (scores maximum of 30%)Bidder B £100

Bidder B Scores


£100/£300 x 30% = 10%

10.3 Each Bidder’s scores will be calculated by adding the total weighted scores (Price and Technical) together to produce one final overall score (out of 100%) that offers the Most Economically Advantageous Tender for the Council.

10.4 The Council intends to award the contract to the Bidder achieving the highest overall score.

Highest overall score = Total Technical % + Total Price %

Example only:

Technical (quality) Scores:Total Technical Available – 70%Bidder B – 62%

Price Scores:Total Price Available - 30%Bidder B – 10%

Bidder B Overall Score - 72%

11 Tie Breakers

11.1 Tie-Breakers

In the unlikely event of a tie, the following shall be implemented:-

Additional questions relevant to the Project will be sent out to be answered by those tied only.


12 Vision, Purpose, Aims and Priorities of the City

Liverpool City Council’s Vision, Purpose, Aims and Priorities:

This commission is consistent with and seeks to contribute to the Council’s vision, purpose, aims and priorities, as set out below:

Our visionLiverpool - a distinctive global city

Our purposeLiverpool City Council exists to serve and represent the interests of its citizens and communities and to ensure the provision of the best possible services for its residents.Liverpool City Council will provide strong, fair and trusted leadership for the city and its people.We will work with any organisations or people willing to improve the prospects of the city, its communities and residents.Our aims and prioritiesWe will make Liverpool the preferred choice for investment and job creation by...

Exploiting the national and international profile of the city and the vitality of its citizens. Enhancing the city's infrastructure, links and distinctive sense and quality of place. Encouraging business creation, growth and productivity. Supporting research, innovation and enterprise throughout the city.

We will empower people to enjoy the best possible quality of life and reach their full potential by...

Reducing inequalities by improving life chances and protecting and promoting good health.

Giving children the best possible start in life. Raising skills and educational attainment for all age groups. Promoting independence and independent living. Protecting and supporting our most vulnerable residents.

We will make Liverpool a more sustainable, connected and attractive city by... Promoting new "green" industries and encouraging new generation technologies. Reducing carbon emissions from buildings, vehicles and operations. Ensuring the city has the best possible physical and virtual connectivity. Optimising the value of green and public space in the city.

We will build strong, attractive and accessible neighbourhoods by...

Developing a shared sense of identity and community pride. Encouraging more engagement with local people and groups. Improving the quality, range and choice of housing. Making all area of the city clean, vibrant, accessible and safe.

We will ensure services are efficient, effective and offer value for money by... Putting the customer first. Encouraging more innovation. Empowering our staff. Working with partners to improve service quality. Making the best use of our assets and resources.


Mayoral Priorities

This commission will also contribute to the applicable Mayoral priorities listed below:

Attract investment and jobs… make Liverpool the preferred choice for investment and job creation.

Make the city greener, cleaner and healthier… make our city greener, cleaner and healthier and deliver a new civic sense of pride.

Homes… to build homes that hundreds of families can afford. Schools…to build 12 new, hi-tech, secondary, primary and special schools.

In Addition

The Mayors 2016 pledges and plans are:

1. Stability and growth for Liverpool in the face of continued financial challenges

I will continue to ensure stability and growth for Liverpool in the face of continued financial challenges.Liverpool has faced the most significant spending cuts by National Government in our history. However, we continue to grow and inspire.I will want to build on that success and:

Continue to focus on council performance, so that we provide the best services we can to those who need it most.

Continue to set multi-year budgets which give everyone in the city a chance to see in advance the changes in our spending, and allow them contribute to the decisions we must make and the solutions we must find.

Continue to focus on those priorities which are helping those most in need in our city. With further cuts planned by Government we will have less money, but we will continue to prioritise the needy and the vulnerable.

Our next priority will be the actions which will help the city’s economy to grow and improve our ability to raise more money for ourselves, such as business rates and Council Tax.

Continue the extremely successful Invest to Earn strategy which has raised millions of additional revenue for the council and supported growth in the economy.

2. Make Liverpool a learning city

We have worked hard to get the state-of-the-art school building and facilities our young people deserve - now we need to focus on standards in schools.More than 80% of our schools are rated good or outstanding, but we cannot be complacent. More young people from Liverpool are going to university than ever before. This is a good thing. But we’ve got to make sure that there are better opportunities for those that don’t.That’s why I’m launching the ‘Liverpool Challenge’ to create the best school system of any city in Europe. We need schools that give young people to skills for the jobs of the future. I will work with schools, our Liverpool Learning Partnership and our education delivery company School Improvement Liverpool to achieve this, and also bring in some external challenge and support for our schools.My vision is a school system where children and young people are:

Ready to learn. Ready for school. Ready for work. Ready for life.


Every young person aged 16, 17 and 18 years old will have a full-time place in education, a job with training or an apprenticeship.As Mayor I will work with employers to increase the number and quality of apprenticeships across the city. I will improve collaboration between schools, colleges and training providers to enable young people to make better informed choices in year 11.I will work with employers and schools to promote higher, advanced and the new degree apprenticeships in school sixth forms.I will invest £13m European Funding into Ways to Work to support young people and unemployed adults back to work, creating new jobs with training for young people.

3. Make Liverpool the cleanest and greenest city in the UK

Liverpool will be the cleanest and greenest city in the UK.Green spacesOur green spaces are extremely important to our city but not enough focus has been placed on the need for green and open space in all parts of our city. It’s a proud statement that there is currently more green space in Liverpool than at any other point in our history since becoming a city. Part of the reason for that success is the creation of over 67 acres of new and improved green and open space, including a new park in Croxteth, Alt Meadows. Many of these are also community gardens in the north of Liverpool.But our funding challenges mean that we must also be innovative about how we raise the revenue to spend on maintaining our parks and green spaces.We will:

Build on Simon O’Brien’s final report for the Green Spaces Review and proposals for green corridors across the city.

Promote shared responsibility for our community spaces, gardens and allotments with residents, councillors, community groups and partners.

Increase the income generated from events, franchisers and assets to fund our parks and green spaces.

Clean, sustainable communitiesWe want everyone in Liverpool to be proud of their communities, and that’s why we are focusing on getting the basics right.We will:

Keep our streets clean. With our new Local Authority Trading Company we have brought street cleaning and bin collection under our control. This means we can focus on improving services which our communities deserve, while saving £2m a year.

Promote a new Good Neighbour Policy, to discourage the full range of anti-social behaviour, from rubbish dumping to dog dirt and noise nuisance; we will tackle it with positive promotion of Good Neighbour schemes and active enforcement.

Help young people, with a sustained and joined up approach to services. We will work with young people and spread this to community organisations with a particular emphasis on support for the most vulnerable section of the community.

20 new or improved play areas across the city, responding to a key recommendation in the Green Spaces Report.

Deliver a recycling rate of 55% by 2020, rolling out recycling to the terraced streets and the city centre.

Tackle waste on our high streets by enrolling businesses, particularly street-facing ones dealing in food, into a business accreditation scheme promoting cleanliness and responsible waste treatment and disposal.

Work towards making Liverpool the most accessible city in the country for disabled people.


4. Make Liverpool the best place in the UK to run a business

Liverpool’s dynamism comes from the people who are here who want to create, build, and grow successful businesses. We want to support them in any way we can by investing in the city in a way which gives entrepreneurs the best possible advantages.We will:

Continue to support those who work with start-ups, especially on schemes which increase access to people who would not otherwise consider running their own business.

Complete the transformation and modernisation of our markets ensuring a city wide provision of vibrant markets that give new opportunities to those setting up in business.

International Festival for BusinessIFB 2014 was a huge success, creating over £250m worth of investment, half of which benefited businesses in our region. Liverpool’s ambition to host this festival on behalf of the UK, was as a direct result of the Mayor’s work with Michael Heseltine.As a result, IFB 2014 was six weeks of dynamic business conferences with delegates from around the world. This year’s IFB is set to be another huge success with other 50 delegations from around the world already committed to coming together in Liverpool and doing business.We will:

Ensure local participation with 6,000 appointments for registered businesses with buyers attending IFB.

Develop and grow IFB through future Festivals in 2018 and 2020.

TransportationThe ability to move around and ship goods to other parts of the country or the world is a key part in all business success. That’s why Liverpool has been supportive of HS2. However, although journey times to London are important, even more so is the ability to move freight from the Port of Liverpool’s new £300m facilities.In terms of business connectivity, Manchester and Liverpool need to be able to work more closely together, alongside Leeds, Sheffield, Newcastle and Hull.Our international reputation, growing daily with the success of the IFB, also means we need to be sure we are connected to the wider world. The city’s investment in our airport and cruise liner facilities are part of a strategy of making sure we have the best possible transport links for visitors - both business and leisure.We will:

Continue to lobby government for an early commitment to Liverpool’s place on the high-speed network and associated freight capacity for the Port of Liverpool.

Work with Government on plans for a new station in Liverpool City Centre, maximising the economic development potential of construction of any new facility.

Continue our investment in Liverpool Airport as a key asset for the city and the city-region.

Double the number of cruise liner visits to the city by working with operators to increase the city’s attractiveness as a location.

Develop plans for a new cruise liner terminal in Liverpool which will allow the city to accommodate more cruise ships with improved passenger-handling facilities.

5. Create an innovative housing company

I want to create an innovative housing company to build 10,000 rent-to-buy homes to tackle inequality and affordability.The housing company will compete with the private sector to purchase land and build housing which will then be made available to people who have had difficulty getting on the housing ladder.


The innovative rent-to-buy model will make it easier for people to build up a deposit, while living in the property as a tenant. When the deposit has been built up, over 5, 10 or 15 years, the tenant can buy the property with a conventional mortgage.This will make it much easier for people who want a home of their own, whether that’s because they are a new family or starting out for the first time, yet struggle to save for a deposit.

6. Set up an innovative energy company

I will set up an innovative energy company to provide affordable energy for Liverpool households.One in seven people in Liverpool live in fuel poverty, and 70,000 people in the city use pre-pay meters which are the costliest way of paying for energy.It’s clear that our city needs to do something to help.‘Liverpool Leccy’ will focus on bringing cheaper energy to Liverpool households with a special focus on helping those with pre-pay meters, providing new smart meters that will save money.We will do this by partnering with another local authority’s pre-existing scheme, meaning we save time and costs.
