invitation to tender translation and interpretation ... · pdf fileissue date: th 14. february...

Issue Date: 14th February 2014 Return Date: 17th March 2014

Invitation to Tender

Translation and Interpretation

services

Ref CPU 1212

1

Information for Tenderers

1 Preamble

2 Conditions of Tender

3 Conditions of Contract

4 Specification

Response Documents for completion

5 Company Questionnaire

6 Tender Response

7 Pricing Schedule

8 Payment Details

9 Collusive Tendering Certificate

10 Form of tender

Appendices for Information (Separate Attachments)

Appendix A – TUPE Information

Appendix B – Confidentiality Agreement for workforce and actuary information

Appendix C – Census 2011 Data

Appendix D - Census 2011 Key Statistics

CONTENTS

2

1 GENERAL REQUIREMENTS Tenders are invited for the supply of services in respect of Translation and Interpretation services. The successful supplier will be responsible for providing this service, liaising closely with the Contract Manager Amanda Thorley, Commercial Development Manager.

2 BACKGROUND Nottingham City Council (‘The Council’) have a requirement to provide a quality and

efficient translation and interpretation service to the citizens of Nottingham. There is a need to provide interpretation and translation in excess of 70 languages. The current top ten interpretation requirements are: Polish, Urdu, Czech, Slovak, Punjabi, Farsi, Romanian, Turkish, Kurdish and Arabic.

There is a need to provide easy access to translation and interpretation services which would include :

• 24/7 face to face spoken language interpreting

• Telephone interpreting

• 24/7 translation of written word into alternative languages

• Braille translation

• Online ordering and support portal (easy to use out of hours etc)

The Council intend to award a framework agreement to up to three suppliers of translation and interpretation services to provide resilience over a 24 month contract period with the option to extend up to a further 24 months in 12 month increments at the Council’s sole discretion.

The value of the framework is estimated to be in the region of £600,000 per annum, totalling £2.4million over the potential life of the framework.

These figures are based on the current income YTD and a forecast to the end of the financial year of:

• £350,000 p.a. from internal clients

• £250,000 p.a. from external clients

Tenderers should note that although the aggregate volume of business available under the proposed framework agreement is likely to be substantial, bidders should note that for obvious reasons no overall or firm-specific levels of business can be guaranteed.

The Council’s current external clients include: Derby City Council, Derbyshire County Council, Nottinghamshire County Council, a number of regional borough and district councils, local charities, local Police forces, Nottingham City Homes, other local housing associations , Nottingham Trent University, and schools and academies across Nottinghamshire.

These external customers shall be referred to as ‘Partner Organisations’ throughout this tender.

1. PREAMBLE

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Therefore, the framework contract will be available for use by all of the following partner organisations in Nottinghamshire and in Derbyshire:

• Local Authority Councils: County, Unitary, District, Borough, and Metropolitan Councils. (Parish and Community Councils are also permissible users)

• Educational Establishments: Nursery School, Primary School, Middle or High School, Secondary School, Academy, Special School, Pupil Referral Unit (PRU), Further Education College, University.

• Police, Fire & Rescue & Maritime & Coastguard Agency Emergency Services:

• NHS Bodies, the HSC (Northern Ireland) and Ambulance Services:- • Registered Charities: • Registered Social Landlords: Government-funded, not-for-profit

organisations that provide affordable housing. They include housing associations, trusts and cooperatives.

Due to the large number of Partner Organisations who may wish to use the framework for translation and interpretation services, tenderers should note that the total value of the framework could increase from the estimated figures given previously (£2.4m). The overall value of the framework will almost certainly depend on the prices submitted by the tenderers and how competitive these rates are in comparison to those rates currently paid.

Partner organisations will be provided with information and contact details of the new provider(s), no guarantees will be given that partners will move to the new provider(s)

Day to day transactions under this framework, including the appointment of providers to specific jobs, and delivery of and payment for services, will all be conducted directly between the provider and the particular partner organisation concerned.

The Council’s detailed requirements are defined in the Specification.

3 SUBMISSION OF TENDER

Tenders, which should be received no later than 17th March 2014 noon, and any queries, must be addressed via the East Midlands Procurement Portal: www.eastmidstenders.org

4 TIMETABLE Key dates in the procurement process are:

2014 Tender release date ................................................................................. 14 February

Last day for submission of clarification questions ......................................... 12 March

Closing date for receipt of tenders............................................................ 17 March Completion of evaluation of tenders ............................................................. 20 March

Completion of presentations and interview (if required) ................................ 27 March

Appointment of service provider ................................................................... 31 March

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1 GENERAL REQUIREMENTS 1.1 Tenders are invited for the supply of services in respect of Translation and

Interpretation services. The Councils’ detailed requirements are defined in the Specification annexed.

1.2 Tenders must be submitted in accordance with the following instructions. Any not complying may be rejected.

2 PREPARATION OF TENDER 2.1 Tendering documentation may vary in detail, but we will:

• avoid over specifying a requirement • invite a sufficient number of tenderers to ensure fair competition. • provide clear documentation • give all tenderers equal opportunity to bid • provide feedback to unsuccessful bidders

2.2 Tenderers may seek clarification on any of the points contained in the tender

documents at any time prior to five days before the date for receipt of tenders. This will allow time for the Council to prepare a response to all bidders by five days before the tender deadline and for all tenderers to incorporate the clarification prior to the tender deadline. 2.2.1 Tenderers may request any information or raise any query in connection with

the Form of Tender, the Conditions, Specification or the Pricing Schedule 2.2.2 All requests must be made in writing via the East Midlands Procurement

portal. 2.3 The Tenderer will be deemed for all purposes connected with the Form of Tender

and the Contract to have carried out all researches, investigations and enquiries which can reasonably be carried out and to have satisfied itself as to the nature, extent, and character of the requirements of the Contract (in the context of and as it is described in the Specification), the extent of the materials and equipment which may be required and any other matter which may affect its Form of Tender. The Tenderer shall have no claim whatsoever against the Council in respect of such matters and in particular (but without limitation) neither the Council shall make any payments to the Tenderer save as expressly provided for in the Contract and (save to the extent set out in the Contract) no compensation or remuneration shall otherwise be payable by any Council to the Tenderer in respect of the scope of the Contract being different from that envisaged by the Tenderer or otherwise.

2.4 Information given in respect of historical spend is given as a guide and the Council

makes no warranty and accepts no liability as to the actual value or volume of orders to be placed with the Supplier.

2.5 In the event that the Tenderer has difficulty in complying with any specific provision

thereof or wishes to propose any amendment thereto it should provide all information and evidence in writing concerning such difficulty or amendment as the Council may require. The Council may at its discretion consider the difficulty or amendment and may issue general guidance or waive or amend the relevant provision but in any case without prejudice to all or any other provisions of the Form of Tender, the Conditions or the Specification or any rights or powers of the Council hereunder. No

2. CONDITIONS OF TENDER

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such waiver or amendment shall be binding unless made in writing and signed by the Head of Legal Services on behalf of Nottingham City Council.

3 SUBMISSION OF TENDER

Your tender submission should include the following sections of this document which require completion and should be set out as follows:

• Company Questionnaire – Section 5

• Tender Response – Section 6

• Pricing Schedule – Section 7

• Payment Details – Section 8

• Collusive Tendering Certificate - Section 9

• Form of tender – Section 10 3.1 Tenders must be submitted with the above documents, which must be duly

completed and signed where appropriate:

• The Tenderer’s written responses to the method statements will be taken into account in the evaluation of competing tenders and, if approved, will be binding but will not detract from the Specification nor Conditions of Contract.

3.2 Completed tenders and any attachments must be submitted to the City Council by uploading the documents through the Due North e-Tendering portal via the automatic link from where the document was downloaded at http://www.eastmidstenders.org by the due date and time.

3.3 Collusive Tendering Certificate and Form of Tender (Forms 9 & 10) must be

signed:

3.3.1 where the Tenderer is an individual, by that individual; 3.3.2 where the Tenderer is a partnership, by two duly authorised partners; 3.3.3 where the Tenderer is a limited company, by a director duly authorised

for such purposes. This can be a scanned signature or an electronic signature (not typed) and should be included in the documents submitted via Due North. If a scanned signature or an electronic signature is not available, these forms alone can be forwarded by hard copy for the attention of Corporate Procurement.

The envelope should bear the following words and be addressed as indicated below:

Forms 9&10 only for 1212 Tender “Do Not Open”

Corporate Procurement Nottingham City Council Loxley House Station Street Nottingham NG2 3NG

stamp

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3.4 No tender will be considered which is late - for whatever reason.

When returning the tender, tenderers should ensure that: • all documentation is properly completed and enclosed • the time by which the tender must be returned is noted • If returning tenders personally, time is allowed to cope with traffic, accidents,

parking problems, lift unavailability, busy reception areas or any other delays. • if returning tenders by post, that the chosen method will guarantee delivery

before the specified deadline. N.B.please do not leave tender submission till the last minute

3.5 The Tenderer is responsible for obtaining all information necessary for the

preparation of its Form of Tender and all costs expenses and liabilities incurred by the Tenderer in connection with the preparation and submission of the Form of Tender shall be borne by the Tenderer.

3.6 All Tenderers shall keep their respective Forms of Tender valid and open for acceptance by the Council until the expiry of 90 days from the last date for the receipt of tenders.

4 NON-CONSIDERATION OF FORM OF TENDER

The Council may in its absolute discretion refrain from considering any Form of Tender if:

4.1 It is not in accordance with the Form and Conditions of Tender; 4.2 The Tenderer makes or attempts to make any variation or alteration to the terms of the

Form of Tender, the Conditions or the Specification except where a variation or alteration is invited or permitted in accordance with the terms of all or any of the Form of Tender, the Conditions and the Specification;

4.3 The Tenderer does not provide all the information required by the Council. 5 REJECTION OF FORM OF TENDER

Any Form of Tender submitted by a Tenderer in respect of which the Tenderer:

5.1 fixes and adjusts prices and rates shown in its Form of Tender by or in accordance

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

5.2 enters into any agreement with any other person that such other person shall refrain

from submitting a Form of Tender or shall limit or restrict the prices to be shown by any other Tenderer in its Form of Tender; or

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5.3 offers or agrees to pay or does pay or give any sum of money, inducement or

valuable consideration directly or indirectly to any person for doing or having or causing or having caused to be done in relation to any other Tenderer or any other person’s proposed Form of Tender any act or omission; or

5.4 in connection with the award of the Contract commits an offence under the Bribery

Act 2010 or gives any fee or reward the receipt of which is an offence under Sub-Section (2) of Section 117 of the Local Government Act 1972;

5.5 has directly or indirectly canvassed any member or official of the Council

concerning the acceptance of any Form of Tender or who has directly or indirectly obtained or attempted to obtain information from any such member of official concerning any other Tenderer or Form of Tender submitted by any other Tenderer;

Shall be rejected by the Council provided always that such non-acceptance or rejection shall be without prejudice to any other civil remedies available to the Council or any criminal liability which such conduct by a Tenderer may attract.

6 ACCEPTANCE AND EVALUATION OF TENDERS The following section explains how Nottingham City Council will evaluate your tender submissions and provide clear transparent information on our selection and award criteria in the sections below:

6.1 Stage One – Selection Criteria 6.1.1 Company Questionnaire Assessment

The first stage of the assessment is to review the Company Questionnaire to ensure that it is fully completed and that the tender responses meet the standards required by Nottingham City Council, detailed in Table 1 over the page

6.1.2 Company Questionnaire Scoring The Council will evaluate responses to the Company Questionnaire in accordance with the selection criteria detailed in the Table 1 (over the page). All responses will be scored on a Pass/Fail basis, based upon the content of the response as shown below.

Fail Pass No information supplied or

unacceptable response Adequate evidence presented to confirm

compliance with legal obligations or ability to meet the minimum requirement of the

contract

The Council may reject a tender if we consider the tenderer’s response to be unacceptable against any of the criteria. However, the Council may contact you to clarify your responses where considered necessary. The full details of the selection criteria are listed over the page in Table 1.

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Table 1 – Selection Criteria

The table below specifies the questions within the company questionnaire that are of a ‘pass / fail’ nature. Should any tenderers have any questions about the this tender, they should ONLY contact the Council via the website www.eastmidstenders.org

Scoring Criteria Question

Type Section 1: Basic Details of your Organisation Company details provided 1.1-1.18 Pass/Fail Declaration of interest in Nottingham City Council 1.19-1.20 Pass/Fail Sub contracting proposals (including appropriate supply chain methodology if above 30%) Pass/Fail Section 2: Financial and Insurance Information Acceptable financial standing for a contract of this value (see notes 6.1.2) Pass/Fail Employers Liability (confirmation or commitment) Pass/Fail Public Liability (confirmation or commitment) Pass/Fail Professional Indemnity (confirmation or commitment) Pass/Fail Other Pass/Fail Section 3: Capability, Resources and References Main business activities appropriate to the area of work Pass/Fail Current and previous experience of providing services of a similar size and scale Pass/Fail Staffing levels within organisation suitable to deliver contract requirements Pass/Fail Maintain up-to-date employee/employment records Pass/Fail Recent (last 2 years) history of award of similar contracts Pass/Fail References: Relevant references obtained Pass/Fail References: Positive Feedback Pass/Fail Track record in contract performance (financial penalties, contracts terminated or not renewed) Pass/Fail Section 4: Equality & Diversity Written Equality and Diversity policy in place (or confirm how obligations are met) Pass/Fail Content of Equal Opportunities policy, training and monitoring (as appropriate to size of organisation) Pass/Fail Breaches of equality law or investigations by the EHRC and subsequent action taken Pass/Fail Section 5: Professional and Business Standing Confirmation of good standing (no Mandatory grounds for rejection under Public Contract Regulation 23) Pass/Fail No Discretionary grounds for rejection under Public Contract Regulation 23 (or satisfactorily addressed) Pass/Fail Section 6: Declaration Signed and dated on behalf of the company Pass/Fail The Council may reject a tender if we consider the tenderer’s response to be unacceptable against any of the criteria. However, the Council may contact you to clarify your responses where considered necessary.

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6.1.3 To summarise, we will be looking for evidence that:

• Tenderers have supplied all the required information

• There is no reason for excluding bids on eligibility grounds in accordance with Regulation 23 of the Public Services Contracts Regulations 2006.

• The Council may only consider tenderers who are able to answer No to questions within section 8.1, and may not consider applicants who are unable to answer No to questions within section 8.2.

• Tenderers have satisfactory financial health for a contract this size.

• We use a financial accreditation company to provide reports on companies who register an interest to provide goods, services or works for the Council. We will receive a financial report indicating the potential level of financial risk any company may present if the Council were to award a contract to them; and a recommended a maximum contract value based on the financial information available. If we have concerns, we will not exclude a company on this information alone and will contact you to request further financial information or clarification. Following discussion with the company it may be decided not to invite to take forward on financial grounds.

• Tenderers comply with statutory obligations

• The Tenderer’s Policies, Procedures and status meet the standards required by the Council.

6.1.4 Checking and Acceptance of Tenders An initial examination will be made to establish the completeness of submitted tenders. The Council reserves the right to disqualify any tender submission which is incomplete. Tenderers should satisfy themselves of the accuracy of all fees, rates and prices quoted, since Tenderers will be required to hold these or withdraw their Tender in the event of errors being identified after the submission of Tenders. If a Tenderer fails to provide fully for the requirements of the Specification in the Tender it must either:

(i) absorb the costs of meeting the full requirements of the Specification within its tendered price; or

(ii) withdraw its Tender. 6.1.5 Evaluation of Tenders

If a tender submission meets the minimum requirements of the Selection Criteria then the tenderers responses to the method statements will be assessed, and scores awarded according to their assessed merits.

Overall Price / Methodology Weighting The weightings are as follows:

• Service Delivery 60% o Service Delivery Proposals 30%

o Staff 12%

o Contract Management 18%

• Price 40%

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6.2 Stage two – Service Delivery Evaluation 6.2.1 Service Delivery will account for 60% of the overall score.

6.2.2 The ‘service delivery’ element of the bid will be assessed by reference to the method statements provided by tenderers in response to the questions set out in section six of this invitation to tender. There are 21 method statements, addressing between them the various elements of the service requirement, or aspects of the contractual relationship between the Contractors and the Council.

6.2.3 Each method statement carries an importance rating, to indicate its potential impact upon the quality of service delivered to the Council. Importance ratings are scaled 1, 2, 3, 4 and 5 (5 being the highest importance).

6.2.4 Each method statement will be scored on a scale of 0 to 4 points, in accordance with the following scheme. The score awarded will be multiplied by the importance weightings applicable to each statement.

6.2.5 Scoring ‘0’ or ‘1’ for three or more method statements will give grounds for excluding the tender from further consideration.

6.2.6 For method statements which carry an importance rating of 5, then scoring fewer than 2 points for any two or more such statements may also give grounds for excluding the tender from further consideration.

6.2.7 For any tenders so excluded, the relevant price will also be excluded from the ‘price’ evaluation.

Table 2: Scoring Scale

0 - Non Compliant Proposal is absent or unacceptable

1 - Poor Proposal is weak, and does not meet all the requirements

2 - Acceptable Proposal meets expectations regarding all the requirements

3 - Good Proposal meets all the requirements and slightly exceeds expectations regarding the requirements

4 - Excellent Proposal is outstanding and meets all the requirements and exceeds some or all of the requirements

The different areas of evaluation (along with their relative importance weightings) are detailed in table 3 below.

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Table 3 – Areas of Evaluation

Method Statement Reference

Method Statements Scoring scale

Importance Weighting

Maximum Score Available

SERVICE DELIVERY PROPOSALS (30%)

1 Implementation 0 - 4 5 20

2 Service Delivery 0 - 4 5 20

3 Languages available 0 - 4 5 20

4 Rare Languages 0 - 4 2 8

5 Staff Advice Available 0 - 4 5 20

6 Booking Procedures 0 - 4 5 20

7 Service User Support 0 - 4 5 20

8 Out of Hours 0 - 4 4 16

9 Increases in Demand 3 12

10 Continuation of service delivery 0 - 4 4 16

STAFF (12%)

11 Recruitment & Selection 0 - 4 4 16

12 Interpreter Cancellation 0 - 4 3 12

13 Staff Compliance 0 - 4 4 16

14 Staff Competency 0 - 4 5 20

CONTRACT MANAGEMENT (18%)

15 Meetings 0 - 4 3 12

16 Contract performance monitoring 0 - 4 4 16

17 Management reporting 0 - 4 3 12

18 Customer service 0 - 4 5 20

19 Confidentiality 0 - 4 5 20

20 Customer service 0 - 4 4 16

21 TUPE For information only

Total 332

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To demonstrate how this scoring would work in practise,

If the three tender scores for Service Delivery are:

• Tender A - 200

• Tender B -250

• Tender C - 300

Each tender quality score will be divided by 184 (the maximum quality score), then multiplied by 70 this will produce the following adjusted percentage scores:

• Tender A 200/332 x 60% = 36%

• Tender B 250/332 x 60% = 45%

• Tender C 300/332 x 60% = 54%

6.3 Stage three – Price Evaluation

The responses to the Pricing Schedule will be used to evaluate price, which will be evaluated separately, as per the percentage detailed below to give an overall score out of 40. Table 4 – Price Weighting

Prices Price Weighting

Interpreter hourly rate 15%

Travel Costs 3%

Booking / admin fee 5%

Translation / Braille / Audio rate per 100 words 7%

Translation / Braille / Audio max charge for under 100 words 4%

Cancellation charge 3%

Other costs 2%

Discounts available 1%

Total 40%

6.3.1 Price Evaluation Methodology

Marks for both types of price will be calculated by awarding half of the total ‘price’ points available to the median priced bid, and relating lower and higher priced bids by awarding more or fewer points, according to an appropriate formula.

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The ‘median’ priced bid is defined as the middle value bid of all those received. So, for example if seven tenders are received, the cost of the tenders will be ranked in order from the lowest to the highest, the fourth lowest tender would be classed as the middle or the median bid.

Table 5 - Example Pricing Methodology

Price (e.g.

hourly rate)

Difference between offer and

median price

Difference as a % of median

price

Difference expressed as

points Points Points

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£10 £20 - £10 = £10 £10/£20 = 50% 50% of 7.5 = 3.75

7.5 + 3.75 11.25

£20 £20- £20 = £0 £0 / £20 = 0% 0% of 7.5 = 0 7.5+0 7.5

£30 £20-£30 = -£100 -£10/£20 = 50% -50% of 7.5 = 3.75

7.5 -3.75 3.75

The Council reserves the right not to award the Contract to the lowest or any Tenderer, reserving also the right to accept the same in whole or in part. 6.5 AWARD OF FRAMEWORK 6.5.1 Any acceptance of a Tender by the Council shall be in writing and shall be

communicated to the Tenderer following a standstill period (from the date of the notification of proposal to award is sent to all tenderers) of not less than 10 days. Upon acceptance the Contract shall thereby be constituted and become binding on both parties notwithstanding which the Tenderer shall, upon request of the Council, forthwith execute a formal contract in the form of the Articles of Agreement.

6.5.2 It is intended that the framework will be awarded to the top three tenderers who score the highest overall within the evaluation process for price and service delivery combined.

6.5.3 Tenderers should note that in the event that a bid is considered to be fundamentally unacceptable on any issue, then regardless of its other merits, that bid will be rejected.

6.5.4 Throughout the evaluation process, the Council reserves the right to seek clarifications from tenderers, where considered necessary to achieve a complete understanding of the tenders received. A decision on the award of contract will be made as quickly as possible, and the decision will be based on the criteria listed above, but will include reference to the clarification / information provided by tenderers during the course of their presentation / interview if applicable.

6.5.5 Note that if bidders propose that some elements of the service will be subcontracted to other providers, the bidding organisation will remain responsible throughout the contract term for the actions and performance of their subcontractors.

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6.6 OPERATION OF FRAMEWORK

6.6.1 As described above, a framework will be established with tendered prices for each Contractor, based on their response to the pricing schedule. There will be a maximum of three Contractors overall to provide resilience.

6.6.2 The Council (and any other partner organisation as listed in Section 1) will call off from this framework in the following manner: -

o Cost (depending upon requirement)

o Ability to meet timescale requirements

Please note that the Council reserves the right not to offer work to the Contractor that is offering the lowest price if that Contractor does not complete work within the specified timescales, or if the Council is of the view that the quality of a Contractor’s work is unsatisfactory.

7 CONFIDENTIALITY 7.1 The Form of Tender, the Conditions of Contract and the Specification and all other

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

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

8 TENDERER’S WARRANTIES

In submitting a Tender the Tenderer warrants and represents that: 8.1 it has not done any of the acts or matters referred to in Condition 4 above and has

complied in all respects with these Conditions of Tender; 8.2 all information, representations and other matters of fact communicated (whether in

writing or otherwise) to the Council by the Tenderer or its employees in connection with or arising out of the Form of Tender are true, complete and accurate in all respects;

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

8.4 it has full power and authority to enter into the Contract and will if requested produce evidence of such to the Council;

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

9 WORDS AND EXPRESSIONS

Words defined in the Conditions of Contract shall have the same meaning in the Form of Tender, the Conditions of Tender and the Specification.

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10 VARIATION AND QUALIFICATION a) Candidates who wish to propose any minor changes to the Terms and

Conditions should detail such variation or qualification in their tender response. Candidates should bear in mind, however, that the acceptability or otherwise of any such variation will be at the discretion of the Council.

b) Where a tenderer wishes to submit a variant bid, this must be in addition to the original tender submission and may or may not be considered by the evaluating officer. Tenderers should retain the same basic structure of their main bid submission for any variant bid.

c) Any variant bid must be free of qualifications and state all cost implications. Any deviations from the specification and all risks and contingencies must be identified.

d) Please note that in this instance Nottingham City Council WILL accept variant bids.

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Please see separate attachment for draft agreement

3. CONDITIONS OF CONTRACT

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5.1. Introduction The purpose of this procurement exercise is to establish a framework with up to 3 service providers to supply a range of Interpretation and Translation services on behalf of Nottingham City Council.

The current service (‘Language Solutions’) is run internally and the majority of work conducted is ‘internal’ i.e. on behalf of Nottingham City Council (60%). The remaining 40% of the Interpretation and Translation services is conducted on behalf of other bodies, such as other local authorities across the East Midlands.

Our staff generally require assistance in providing services to service users who speak, communicate or read languages other than English, or who need to communicate in English in non-standard ways e.g. via audio media.

The services sought under this contract are:

• Face to Face Interpretation Services

• Telephone Interpretation Services

• Translation Services (including hard copy and electronic translation services)

• Sensory Impairment Interpretation and Translation Services (including but not limited to British sign language, lip speaking, speech-to-text operators, Braille transcription and audio transcription.)

5.2. Guidance for Tenderers 5.2.1. Tenderers should expect to cover the whole geographic spread of

Nottinghamshire and in some cases send their Interpreters to other areas of the UK where required, on behalf of the Council.

5.2.2. The requirements for each of the four service areas are outlined below. Tenderers should note that the administration, quality and complaints and pricing requirements also contained within this specification apply to all the services required.

5.2.3. Please note that tenderers cannot bid to provide just one area.

5.3. Current process for Interpretation services 5.3.1. Currently, a customer (whether internal or external) contacts the ‘Language

Solutions’ helpdesk (via email or telephone) and provides the following information:

• Expenditure code (If internal customer)

• Date / time / venue

• Language required

• Length of time assignment expected to take

5.3.2. A reference number is then generated and given to the customer

4. SPECIFICATION

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5.4. Current process for Translation services 5.4.1. Customer sends request via email or comes into the Council reception in person (if

it is a member of the public). They are requested to provide the following information: Electronic or hard copy of the document, Language(s) required and format of completed work (i.e. hard copy, electronic or both).

5.4.2. A quote and timescales for completion of work will be provided. If quote is accepted by the customer, then work will be sent to the relevant translator or translators – if it is required in more than one language.

5.4.3. Once work is received by the translator it will then be checked for accuracy and sent on to the customer in the required format.

5.4.4. Members of the public often come to the Council buildings for translation services on documents such as birth certificates or driving licences.

5.4.5. They pay a deposit if they intend to pick the documents up, and bring their receipt and the remaining balance when they collect.

5.4.6. In the event that a customer wants to receive the documents by post, then they pay the full price up front.

5.4.7. Timescales for this service are between two to five days depending upon the document and the language required.

5.4.8. The Council would still want to provide translation services to members of the public and therefore our reception staff will signpost these customers to the awarded service providers on the framework.

5.5. General Service Requirements The service provider should:

5.5.1. Provide language support to Council staff and external customers languages other than English (please see appendix C for languages used in 2011) which is equal or better than the current processes detailed above.

5.5.2. Offer a range of booking facilities to procure services, including but not limited to: - email, fax, telephone or through the internet.

5.5.3. Ideally, booking lines to be available 24 hours a day, 365 days a year.

5.5.4. Provide information and advice to staff on how services may be accessed and ensure arrangements are in place for support for service users e.g. Helpdesk, user manual, web-based support.

5.5.5. Provide professionally qualified interpreters and translators, which receive on-going training ensuring that staff remain competent and professional in the services they provide.

5.5.6. Service provider to ensure all interpreters and translators have a current CRB / DBS certificate

5.5.7. Service provider to ensure all interpreters and translators sign and receive a copy of a legally binding confidentiality agreement document

5.5.8. Service delivery provided by interpreters and translators to be continually reviewed and addressed so that improvements are continuously incorporated into their contracts.

5.5.9. Have the necessary quality assurance arrangements in place to ensure the quality of the Translation Services and the effective project management of larger translation projects.

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5.5.10. Have the relevant mechanisms and resources in place to ensure that services can

be delivered as normal in the circumstance there is:

5.5.10.1. A sudden increase in demand for particular languages or for the use of the service overall;

5.5.10.2. An urgent request by the Council;

5.5.10.3. Interpreter cancellation;

5.5.10.4. In the event of a serious incident affecting service delivery (i.e. fire or flood at premises, staff absence).

5.6. Additional requirements for Sensory Impairment Services The service provider should:

5.6.1. Supply requests for Braille or audio transcription to the Council within 15 working days (or within the time agreed with the Council) of it having been received by the service provider, unless agreement has been reached with the Council officer commissioning the work that the deadline is extended.

5.6.2. Council staff, who book British sign language, lip speak or speech-to-text appointments, to be informed as soon as possible, no later than 24 hours in advance, if an appropriate interpreter cannot be provided. The service provider will be required to contact the service user by the relevant means to advise them of the cancellation. Where audio and Braille translation are concerned, Council staff must be informed, no longer than 48 hours in advance, if the translation services cannot be delivered in time.

5.7. Administration The service provider will:

5.7.1. Maintain accurate and complete records of all assignments undertaken.

5.7.2. Log all bookings accurately and completely onto the booking system.

5.7.3. Provide the option for Councils to place orders and pay invoices electronically .

5.7.4. Send out invoices each month for the services provided in that particular month and outstanding from previous months. All jobs must be invoiced within 2 months of the completion date. Each invoice should be marked for a specific individual and should be accompanied by a schedule giving the following details:

• Date of booking

• Name and telephone number of commissioning officer and job title

• Expenditure code (this should be taken at the time of booking to ensure the officer has the necessary permissions to procure this service and pay the invoice)

• Purpose of session

• Language/service used

• Name of interpreter/translator

• Date of session

• Duration of session

• Travelling distance (if claimed) and any other expenses

• Total cost

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5.7.5. Provide relevant management information as requested by the Council, including but

not limited to:

5.7.5.1. A monthly status of accounts, invoices, records of booking (i.e. time of booking, by whom and for what purpose) and languages used

5.7.5.2. Other ad hoc information as agreed with the Council.

5.7.6. Provide all management information, invoices, billing information, letters and other correspondence electronically or in hard copy as requested to the named individual at the Council.

5.7.7. Attend quarterly contract meetings and emergency ad hoc meetings as and when required with the Council’s contract managers.

5.7.8. Ensure contract managers and interpreting/translation/specialist service providers will provide the names of contact persons for the operation of the agreement.

5.7.9. In conjunction to the above the Council will:

5.7.9.1. Pay all invoices that are not in dispute within 30 days of receipt.

5.7.9.2. Ensure payment is via BACS wherever possible.

5.8. Quality & Complaints The service provider will ensure that:

5.8.1. A formal robust procedure is used in the recruitment and selection of staff.

5.8.2. All interpreters to have up-to-date checks to the Enhanced Level through the Disclosure and Barring Service (DBS), as well as have the right to work in the UK.

5.8.3. All interpreters have two acceptable professional references.

5.8.4. All Interpreters meet the requirements laid out by legislation for working with Children and Young People and Vulnerable adults in relation to the Barred list, (to be defined following the government review of the vetting and barring scheme).

5.8.5. All staff, including both directly employed staff, booked freelancers and contracted third party staff are aware and abide by these service specification requirements.

5.8.6. They have the necessary quality assurance arrangements in place to ensure the quality of Interpretation and Translation services provided.

5.8.7. They have in place a comprehensive and accessible complaints procedure a copy of which is provided to the Council.

5.8.8. Complaints about the service to be dealt with in a timely manner with;

5.8.8.1. Verbal complaints to be responded to with a written response within 48 hours

5.8.8.2. Written complaints to be acknowledged and responded to with a written response within 10 working days.

5.9. Pricing The service provider will be required to:

5.9.1. For translation, Braille and audio transcription services, the service provider will:

5.9.1.1. Agree a rate per 100 words which will include proof-reading and layout where appropriate;

5.9.1.2. Outline in their submission whether words are rounded up or down to the nearest 100 words;

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5.9.1.3. Agree a minimum/maximum charge for projects of fewer than 100

words.

5.9.2. Outline a clear cancellation fee, in the event that the Council cancels an appointment or piece of work with less than 24 hours notice. In the event that the service provider or interpreter cancels an appointment or piece of work, the service provider is obliged to organise a replacement interpreter whether this is through their own company or another one from the framework.

5.10. TUPE and Pensions 5.10.1. The Council considers that, in the event that the tender is awarded to a single

Tenderer, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) and the European Union Acquired Rights Directive (2001/23/EC) (‘the Directive’) will apply to the Contract such that, upon the date when a single successful tenderer (‘the Provider’) becomes responsible for providing Translation and Interpretation services, any Council Employees assigned to the Translation and Interpretation service at the date of transfer will become employees of the Provider on existing terms and conditions of employment as at the date of transfer.

5.10.2. It is the responsibility of tenderers, having had the opportunity to consider the information and supplied by the Council and having taken any relevant legal advice, to consider their position, having taken independent advice, as to whether they consider that TUPE applies and, if so, the extent of application together with any pensions-related implications.

5.10.3. Further information relating to the Council’s requirements of a single incoming contractor relating to TUPE and pensions is laid out at Appendix A.

5.10.4. Additionally, specific anonymised workforce information and an actuarial report relating to the pensions position of relevant employees (together with pensions implications for an incoming Contractor) will be provided to Tenderers upon receipt of a signed confidentiality agreement relating to employee information (at Appendix B). The confidentiality agreement should be returned to the Council (via the electronic portal where the tender documents have been accessed – www.eastmidstenders.org) with details of the tenderer (name, address and registration number) inserted in the confidentiality agreement but the confidentiality agreement should be otherwise unaltered.

5.11. CONFIDENTIALITY

5.11.1. The Contractor shall treat all Confidential Information belonging to the Council as confidential and safeguard it accordingly and shall not disclose any Confidential Information belonging to the Council to any other person without the prior written consent of the Council, except to such persons and to such extent as may be necessary for the performance of this Agreement or where disclosure is otherwise expressly permitted by the provisions of this Agreement.

5.11.2. The Contractor shall take all necessary precautions to ensure that all Confidential Information obtained from the Council under or in connection with this Agreement is given only to such of its staff and professional advisers engaged to advise it in connection with this Agreement as is strictly necessary for the performance of this Agreement and only to the extent necessary for the performance of this Agreement and is treated as confidential and not disclosed or used by any staff or professional advisers otherwise than for the purposes of this Agreement.

5.11.3. It may be a requirement during the life of the contract for the Council to send sensitive data to the service providers for translation and this process must be completed in a secure fashion. The Council currently completes this process by using Cryptshare and tenderers are expected to have processes which are equal or better than this.

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Address

1.16 Would the ultimate holding company/parent company be prepared to guarantee your contract performance as its subsidiary?

Yes No

N/A 1.17 Companies House registration number of

parent company (if this applies)

1.18 Please list the full names of every Director, Partner, Associate and the Company Secretary

1.19 Please state if any director, partner, or associate has (a) relative(s) who is employed by the Nottingham City Council

Yes No

√

If Yes, please enclose details.

√ Tick if enclosed 1.20

Please state if any director, partner or associate has (a) relative(s) who is employed by the Council at a senior level or is a Councillor.

Yes No

√

If Yes, please provide details: Title Name

1.21 Please indicate by ticking the appropriate box whether your Organisation typically will: A.) Deliver all of the requirements itself √ B.) Propose sub-contracting some of the

requirements

1.22 If you have ticked B.) please state what % of contract delivery will be by subcontractors %

1.23 If answer in 1.22 is greater than 30% please explain below the methodology you have used for previous contracts for the management of your supply chain

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S.40(2)

We intend doing the same for Nottingham should we be chosen to be your sole provider. Here are a few examples of press coverage to evidence our work in Hull:

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The Council’s standard payment terms are 30 days from receipt of invoice. Payment is by BACS It is the policy of the Council to make payments to all suppliers direct into their bank account using the Bankers Automated Clearing Systems (BACS). Please complete your bank and relevant company details below. If your sales are factored to an Agency, please enclose a copy of the authorisation to make payment directly to them. The bank details will then be those of the factor and not yours.

No invoices will be accepted from any Supplier without an official written order from us and the order number in full being quoted on all invoices.

IMPORTANT

All invoices for Nottingham City Council shall be addressed to: Nottingham City Council PO Box 484 Sale M33 0DJ

Failure to do so may lead to a delay in payment.

8. PAYMENT DETAILS

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S.40(2)

Note: Refusal to give this declaration and undertaking means that your tender will not be considered.

To Nottingham City Council Having examined carefully and understood the, Conditions of Tender, Conditions of Contract, the Specification and all other documentation issued by the Council in connection with the for the service provision of CPU 1212 Translation and Interpretation services. We ………… AA Global Language Services Ltd ……………………………………… of …………Global House, Blockhouse Close, Worcester, WR1 2BU…………………… …………………………………………………………………………………………… hereby offer to supply the Service subject to the terms and conditions set out in such Conditions of Tender, Conditions of Contract Specification and other documents (if any) at the prices and rates contained in the Pricing Schedule. We understand you are not bound to accept the lowest or any tender you may receive and you will not pay any expenses incurred by us in connection with the preparation and submission of this tender. Unless and until a formal Contract is prepared and executed this Tender together with your written acceptance thereof shall constitute a binding Contract between us.

Signature …… ………………………………… Duly authorised agent of the Tenderer Position held ………………………… Name and Address of Tenderer AA Global Language Services Ltd

…Global House………………………………… …Blockhouse Close…………………………… …Worcester……….…………………………… Dated …17 March 2014……………………………………

It must clearly be shown whether the Tenderer is a Limited Company, Statutory Corporation, Partnership, or Single Individual, trading in their own or another name, and also if the person signing is not the actual Tenderer, the capacity in which they sign or are employed

10. FORM OF TENDER

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S.40(2)

S.40(2)