web viewswale house, east street, sittingbourne, kent me10 3ht. dx59900 sittingbourne 2. phone:...

Swale House, East Street,Sittingbourne, Kent ME10 3HTDX59900 Sittingbourne 2Phone: 01795 424341www.swale.gov.uk

DD Month 20XX

Dear Tenderer

TENDER NAME AND REFERENCE NUMBER

You have expressed an interest in tendering for Swale Borough Council’s SERVICES. I have pleasure in inviting you to submit a tender.

You are advised that the terms and conditions of contract are as laid down under Appendix A. The tender evaluation criteria will be based on a two stage process. Stage 1 will effectively be a pass / fail suitability assessment to assess potential providers capability of providing the required goods or services. Stage 2 will be an evaluation of the tender documents. The Council will accept the Tender, which it considers to be the most economically advantageous in accordance with the evaluation and award criteria outlined within this document. The evaluation criteria will be based on 60% Price / 40% non-price/quality in accordance with Section 8. Any variation from 60/40 must be documented and approved by the relevant Head of Service. DELETE

Please ensure that a method statement is submitted as this will be used to evaluate the quality element of your bid in line with Section 8 table B.

Yours sincerely

Responsible OfficerPosition

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http://www.swale.gov.uk/

Invitation to Tender

For

Project NameContract Reference

Issue Date: DD Month Year

Return Date: DD Month Year

2

CONTENTS

1 TENDER INTRODUCTION

2 PROCUREMENT PROGRAMME

3 STAGE ONE SUITABILITY ASSESSMENT

4 CONDITIONS OF CONTRACT

5 SPECIFICATION

6 STATUTORY DUTIES

7 PRICING SCHEDULE

8 STAGE TWO EVALUATION PROCESS AND AWARD CRITERIA

9 TENDER RESPONSES DOCUMENT AND DECLARATION

10 FORM OF TENDER AND DECLARATIONS

APPENDIX A CONTRACT CONDITIONS

APPENDIX B BRIBERY ACT POLICY

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SECTION 1 - TENDER INTRODUCTION

1 GENERAL REQUIREMENTS

Tenderers are invited for the supply of services in accordance with the specification.

The Council’s detailed requirements are defined in the Specification (Section 5).

This tender is in principle based on the open procedure as illustrated in the Public Contracts Regulations; therefore a two stage evaluation process will be undertaken. Stage one will assess potential providers capability of providing the required goods or services. Those selected for stage 2 will then be evaluated based on the tender evaluation criteria as described in section 8.

For evaluation purposes, tenderers are requested not to change the layout/format of this document with the exception of Sections 7 and 8. Tenderers changing the layout of this document may have their tender submission disqualified.

2 REJECTION OF TENDER

The Council shall reject any Tender submitted where the Tenderer undertakes activities contrary to undertakings given within the anti-Collusive Tendering Certificate. 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.

3 INFORMATION, COSTS AND EXPENSES

The Tenderer is responsible for obtaining all information necessary for the preparation of its Tender and all costs expenses and liabilities incurred by the Tenderer in connection with the preparation and submission of the Tender shall be borne by the Tenderer.

4 SUBMISSION OF FORM OF TENDER

The Form of Tender must be duly completed and submitted with the Pricing Schedule, Supporting Information, (if required) annexes and uploaded on to the Kent Business Portal/Pro-Contract no later than Time and date. To assist you with uploading your submission please click here.

IMPORTANT NOTE : Failure to comply with the above may invalidate your tender submission.

5 FURTHER INFORMATION AND QUERIES

At any time prior to three working days before the date for receipt of Tenders the Tenderer may by written communication through the Kent Business Portal

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https://www.kentbusinessportal.org.uk/procontract/help.nsf/dsp_frm_application_help/The%20Tender%20Process%20within%20ProContract%20v2.1.pdf/$FILE/The%20Tender%20Process%20within%20ProContract%20v2.1.pdf

https://www.kentbusinessportal.org.uk/procontract/supplier.nsf/frm_home?ReadForm

to the Council requesting any information or raise any query in connection with the Form of Tender, the Conditions, Specification or the Pricing Schedule and any such correspondence.

It should be noted that all questions and answers will be shared equally between all suppliers invited to tender, with anonymity given to the original enquirer.

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 such waiver or amendment shall be binding unless made in writing and signed and incorporated into the contract.

6 ACCEPTANCE, EVALUATION OF TENDERS & VARIANT BIDS

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.

In the event of genuine errors being discovered after the submission of Tenders, Tenderers will be asked to either Standby or correct their tender for the genuine errors

Where considered to be in the best interest of the Council variant bids may be accepted.

The tender evaluation will be undertaken in two stages.

Stage 1: will be an assessment of responses to ITT suitability assessment contained in section 3 of this document where the panel of at least three individuals seeking to identify organisations with sufficient capacity and capability to deliver the contract. Each section will be marked as ‘Pass or Fail’ based on the information provided. Any tender which does not pass all of the suitability assessment may be eliminated at this stage.

Stage 2: will be a desk based evaluation of the ITT documents undertaken independently by three officers prior to moderating a final score of the remaining ITT responses using the balance of 60% Price and 40% Quality.

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The Council will accept the Tender, which it considers to be the most economically advantageous in accordance with the evaluation and award criteria outlined within this document.

The Council reserves the right not to award the Contract to the lowest price or any Tenderer, reserving also the right to accept the same in whole or in part.

7 TENDERER’S WARRANTIES

The Tenderer warrants it has 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.

The Tenderer warrants it has full power and authority to enter into the Contract and will if requested produce evidence of such to the Council.

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SECTION 2 - PROCUREMENT PROGRAMME

Event DateAdvertise EOI Issue ITT At least 30 Calendar Days from the

point of advertisingClosing date for tender returns Date / Time Tender evaluation DateContract award DateContract commencement DateContract End date Date excluding any extension period

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SECTION 3 - STAGE ONE – SUITABILITY ASSESSMENT1

Notes for completion

1. The “Authority” means SWALE BOROUGH COUNCIL the public sector contracting authority, or anyone acting on behalf of the contracting authority, that is seeking to invite suitable Suppliers to participate in this procurement process.

2. “You” / “Your” or “Supplier” means the body completing this assessment. The ‘Supplier’ is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 and could be a registered company; charitable organisation; Voluntary Community and Social Enterprise (VCSE); Special Purpose Vehicle; or other form of entity.

3. This suitability assessment has been designed to assess the suitability of a Supplier to deliver the Authority’s contract requirement(s).

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

5. Should you need to provide additional appendices in response to the questions, these should be numbered clearly and listed as part of your declaration. A template for providing additional information is provided at the end of this section.

Verification of Information Provided

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

1 Please do remove or change elements from the suitability assessment as this now replaces the statement of good standing, PCR 2015 S.57

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Sub-contracting arrangements

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

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

Consortia arrangements

10. If the Supplier completing this suitability assessment is doing so as part of a proposed consortium, the following information must be provided;

● names of all consortium members;● the lead member of the consortium who will be contractually

responsible for delivery of the contract (if a separate legal entity is not being created); and

● if the consortium is not proposing to form a legal entity, full details of proposed arrangements within a separate Appendix.

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

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

13. Where you are proposing to create a separate legal entity, such as a Special Purpose Vehicle (SPV), you should provide details of the actual or proposed percentage shareholding of the constituent members within the new legal entity in a separate Appendix.

14. The Authority recognises that arrangements in relation to a consortium bid may be subject to future change. Suppliers should therefore respond on the basis of the arrangements as currently envisaged. Suppliers are reminded that the Authority must be immediately notified of any changes, or proposed changes, in relation to the bidding model so that a further assessment can be carried out by applying the selection criteria to the new information provided. The Authority reserves the right to deselect the

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Supplier prior to any award of contract, based on an assessment of the updated information.

Confidentiality

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

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

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

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1 - Supplier information

1.1 Supplier details AnswerFull name of the Supplier completing the Suitability Assessment

Click here to enter text.

Registered company address Click here to enter text.

Registered company number Click here to enter text.Registered charity number Click here to enter text.Registered VAT number Click here to enter text.Name of immediate parent company


Name of ultimate parent company


Please mark ‘X’ in the relevant box to indicate your trading status

i) a public limited company

☐ Yes2

ii) a limited company

☐ Yes

iii) a limited liability partnership

☐ Yes

iv) other partnership

☐ Yes

v) sole trader ☐ Yesvi) other (please specify)

☐ Yes

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

i)Voluntary, Community and Social Enterprise (VCSE)

☐ Yes

ii) Small or Medium Enterprise (SME) 3

☐ Yes

iii) Sheltered workshop

☐ Yes

iv) Public service mutual

☐ Yes

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

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

☐ Yes

b) Bidding as a Prime Contractor and will use third parties to deliver some of the services

If yes, please provide details of your proposed bidding

☐ Yes

2 Double click on check box then select “checked”, this applies to all boxes in the document3 See EU definition of SME: http://ec.europa.eu/growth/smes/

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http://ec.europa.eu/growth/smes/

model that includes members of the supply chain, the percentage of work being delivered by each sub-contractor and the key contract deliverables each sub-contractor will be responsible for.c) Bidding as Prime Contractor but will operate as a

Managing Agent and will use third parties to deliver all of the services

If yes, please provide details of your proposed bidding model that includes members of the supply chain, the percentage of work being delivered by each sub-contractor and the key contract deliverables each sub-contractor will be responsible for.

☐ Yes

d) Bidding as a consortium but not proposing to create a new legal entity.

If yes, please include details of your consortium in the next column and use a separate Appendix to explain the alternative arrangements i.e. why a new legal entity is not being created.

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

☐ Yes

Consortium members

Lead member

e) Bidding as a consortium and intend to create a Special Purpose Vehicle (SPV).

If yes, please include details of your consortium, current lead member and intended SPV in the next column and provide full details of the bidding model using a separate Appendix.

☐ Yes

Consortium membersCurrent lead memberName of Special Purpose Vehicle

1.2 Contact detailsSupplier contact details for enquiries about this Suitability Assessment

Name Click here to enter text.

Postal address


Country Click here to enter text.

Phone Click here to enter text.

Mobile Click here to enter text.

E-mail Click here to enter text.

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1.3 Licensing and registration (please mark ‘X’ in the relevant box)

1.3.1 Registration with a professional body

If applicable, is your business registered with the appropriate trade or professional register(s) in the EU member state where it is established (as set out in Annex XI of directive 2014/24/EU) under the conditions laid down by that member state).

☐ Yes☐ No

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


1.3.2 Is it a legal requirement in the state where you are established for you to be licensed or a member of a relevant organisation in order to provide the requirement in this procurement?

☐ Yes☐ No

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

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2 - Grounds for mandatory exclusion

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

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

2.1 Within the past five years, has your organisation (or any member of your proposed consortium, if applicable), Directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences?

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

Yes No

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

☐ ☐

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

☐ ☐

(c) the common law offence of bribery; ☐ ☐

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

☐ ☐

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

☐ ☐

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(i) the offence of cheating the Revenue; ☐ ☐

(ii) the offence of conspiracy to defraud; ☐ ☐

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

☐ ☐

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

☐ ☐

(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;

☐ ☐

(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;

☐ ☐

(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969;

☐ ☐

(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or

☐ ☐

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

☐ ☐

(f) any offence listed—

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

☐ ☐

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

☐ ☐

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

☐ ☐

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

☐ ☐

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

☐ ☐

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

☐ ☐

(k) an offence under section 59A of the Sexual Offences Act 2003;

☐ ☐

(l) an offence under section 71 of the Coroners and Justice Act 2009

☐ ☐

(m) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or

☐ ☐

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

☐ ☐

(i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or

☐ ☐

(ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland.

☐ ☐

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Non-payment of taxes2.2 Has it been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which your organisation is established (if outside the UK), that your organisation is in breach of obligations related to the payment of tax or social security contributions?If you have answered Yes to this question, please use a separate Appendix to provide further details. Please also use this Appendix to confirm whether you have paid, or have entered into a binding arrangement with a view to paying, including, where applicable, any accrued interest and/or fines?

☐


☐

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3. Grounds for discretionary exclusion – Part 1

The Authority may exclude any Supplier who answers ‘Yes’ in any of the following situations set out in paragraphs (a) to (i);

3.1 Within the past three years, please indicate if any of the following situations have applied, or currently apply, to your organisation.

Please indicate your answer by marking ‘X’ in

the relevant box.Yes No

(a) your organisation has violated applicable obligations referred to in regulation 56 (2) of the Public Contracts Regulations 2015 in the fields of environmental, social and labour law established by EU law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Public Contracts Directive as amended from time to time;

☐ ☐

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

☐ ☐

(c) your organisation is guilty of grave professional misconduct, which renders its integrity questionable; ☐ ☐

(d) your organisation has entered into agreements with other economic operators aimed at distorting competition; ☐ ☐

(e) your organisation has a conflict of interest within the meaning of regulation 24 of the Public Contracts Regulations 2015 that cannot be effectively remedied by other, less intrusive, measures;

☐ ☐

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

☐ ☐

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

☐ ☐

(h) your organisation—

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(i) has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or

(ii) has withheld such information or is not able to submit supporting documents required under regulation 59 of the Public Contracts Regulations 2015; or

☐

☐

☐

☐

(i) your organisation has undertaken to(aa) unduly influence the decision-making process of the

contracting authority, or(bb) obtain confidential information that may confer upon

your organisation undue advantages in the procurement procedure; or

☐

☐

☐

☐

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

☐ ☐

Conflicts of interest

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

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

Taking Account of Bidders’ Past Performance

In accordance with question (g), the Authority may assess the past performance of a Supplier (through a Certificate of Performance provided by a Customer or other means of evidence). The Authority may take into account any failure to discharge obligations under the previous principal relevant contracts of the Supplier completing this Suitability Assessment. The Authority may also assess whether specified minimum standards for reliability for such contracts are met.

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

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‘Self-cleaning’

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

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

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

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

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

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

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

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4. Grounds for discretionary exclusion – Part 2

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

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

“Occasion of Tax Non-Compliance” means:

(a) any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1 October 2012 is found to be incorrect as a result of:

1. a Relevant Tax Authority successfully challenging the Supplier under the General Anti-Abuse Rule or the Halifax Abuse Principle or under any tax rules or legislation that have an effect equivalent or similar to the General Anti-Abuse Rule or the Halifax Abuse Principle;

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

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

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

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

☐ Yes☐ No

4.2 Been found to be incorrect as a result of:▪ HMRC successfully challenging it under the General

Anti-Abuse Rule (GAAR) or the “Halifax” abuse principle; or

▪ A Tax Authority in a jurisdiction in which the legal entity is established successfully challenging it under any tax rules or legislation that have an effect equivalent or similar to the GAAR or the “Halifax” abuse principle; or

▪ the failure of an avoidance scheme which the Supplier was involved in and which was, or should have been, notified under the Disclosure of Tax

☐ Yes☐ No

☐ Yes☐ No

☐ Yes☐ No

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Avoidance Scheme (DOTAS) or any equivalent or similar regime in a jurisdiction in which the Supplier is established.

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

● Corrective action undertaken by the Supplier to date;

● Planned corrective action to be taken;

● Changes in personnel or ownership since the Occasion of Non-Compliance (OONC); or

● Changes in financial, accounting, audit or management procedures since the OONC.

In order that the Authority can consider any factors raised by the Supplier, the following information should be provided:● A brief description of the occasion, the tax to which it applied, and the type of

“non-compliance” e.g. whether HMRC or the foreign Tax Authority has challenged pursuant to the GAAR, the “Halifax” abuse principle etc.

● Where the OONC relates to a DOTAS, the number of the relevant scheme.

● The date of the original “non-compliance” and the date of any judgement against the Supplier, or date when the return was amended.

● The level of any penalty or criminal conviction applied.

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5 - Economic and Financial Standing

FINANCIAL INFORMATION

5.1 Please provide one of the following to demonstrate your economic/financial standing;Please indicate your answer with an ‘X’ in the relevant box.

(a) A copy of the audited accounts for the most recent two years

☐(b) A statement of the turnover, profit & loss account,

current liabilities and assets, and cash flow for the most recent year of trading for this organisation

☐

(c) A statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position

☐

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

☐

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

☐☐

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

Name of the organisation Click here to enter text.

Relationship to the Supplier completing the Suitability Assessment


If yes, please provide Ultimate / parent company accounts if available.

If yes, would the Ultimate / parent company be willing to provide a guarantee if necessary?

If no, would you be able to obtain a guarantee elsewhere (e.g. from a bank?)

☐☐

☐ Yes

☐ No

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6 – Technical and Professional Ability

6 Relevant experience and contract examples

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

The named customer contact provided should be prepared to provide written evidence to the Authority to confirm the accuracy of the information provided below.

Consortia bids should provide relevant examples of where the consortium has delivered similar requirements; if this is not possible (e.g. the consortium is newly formed or a Special Purpose Vehicle will be created for this contract) then three separate examples should be provided between the principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not required from each member).

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

Contract 1 Contract 2 Contract 3

6.1 Name of customer organisation




6.2 Point of contact in customer organisation

Position in the organisation

E-mail address




6.3 Contract start date

Contract completion date




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Estimated Contract Value

6.4 In no more than 1 page using an Arial 12 font, please provide a brief description of the contract delivered including evidence as to your technical capability in this market.




6.5 If you cannot provide at least one example for questions 6.1 to 6.4, please provide an explanation for this e.g. your organisation is a new start-up.

6.6 Provide details of the relevant staff resources within your company/organisation and subcontractors suitable for delivering the works / services, including details of their location, number, level and range of relevant experience.

6.7 Provide details of staff turnover as a percentage of workforce in the last number years. How would you ensure that sufficient numbers of suitable staff were available throughout the life of a contract?

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7. Additional Suitability Assessment modules

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

A – Project specific questions to assess Technical and Professional Ability

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

B - Insurance

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

Employer’s (Compulsory) Liability Insurance = £10,000,000 - Please note this requirement is not applicable to Sole Traders.

Public Liability Insurance = £5,000,000

Professional Indemnity Insurance = £2,000,000 (if Applicable)

Product Liability Insurance = £x (if Applicable)

☐ Yes☐ No

C – Compliance with equality legislation

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

discrimination been made against your organisation by an Employment Tribunal, an Employment Appeal Tribunal or any other court (or in comparable proceedings in any jurisdiction other than the UK)?

☐ Yes☐ No

2. In the last three years, has your organisation had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK), on grounds of alleged unlawful discrimination?

If you have answered “yes” to one or both of the questions in this module, please provide, as a separate Appendix, a summary of the nature of the investigation and an explanation of the outcome of

☐ Yes☐ No

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the investigation to date.

If the investigation upheld the complaint against your organisation, please use the Appendix to explain what action (if any) you have taken to prevent unlawful discrimination from reoccurring.You may be excluded if you are unable to demonstrate to the Authority’s satisfaction that appropriate remedial action has been taken to prevent similar unlawful discrimination reoccurring.

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

☐ Yes☐ No

D - Environmental Management

1. Has your organisation been convicted of breaching environmental legislation, or had any notice served upon it, in the last three years by any environmental regulator or authority (including local authority)?If your answer to this question is “Yes”, please provide details in a separate Appendix of the conviction or notice and details of any remedial action or changes you have made as a result of conviction or notices served.The Authority will not select bidder(s) that have been prosecuted or served notice under environmental legislation in the last 3 years, unless the Authority is satisfied that appropriate remedial action has been taken to prevent future occurrences/breaches.

☐ Yes☐ No

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

☐ Yes☐ No

E - Health and Safety

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

☐ Yes☐ No

2. Has your organisation or any of its Directors or Executive Officers been in receipt of enforcement/remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years?

If your answer to this question was “Yes”, please provide details in a separate Appendix of any enforcement/remedial orders served and give

☐ Yes☐ No

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details of any remedial action or changes to procedures you have made as a result.

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

The Supplier shall provide all risk assessments and Safe Methods of operation for delivering the service. The Supplier will be requested to provide his revised annual risk assessments electronically.

The Council requires all its suppliers and contractors to comply with all relevant Health and Safety legislation and standards and that you properly manage all Health and Safety risks specific to this contract.

Please confirm that your company agrees to co-operate with Swale Borough Council, where required, to ensure you also adhere to the Council’s Health and Safety policy.

Swale Borough Council’s Health and Safety Policy

☐ Yes☐ No

☐ Yes☐ No

☐ Yes☐ No

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

☐ Yes☐ No

F – TUPE

In the event of the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 applying to this Contract please indicate if you have experience of managing the transfer of staff from an incumbent to your own company / organisation under TUPE legislation.

☐ Yes☐ No

G – Ethical Standards

1. What are the values and behaviours you r company/organisation is

Please answer questions, 1 to 6 in this section by submitting your answers using the “Suitability

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http://www.swale.gov.uk/assets/Strategies-plans-and-policies/Health-and-Safety-Policy.pdf

encouraging and discouraging?2. How are employees and (if applicable) board members held to account collectively and individually for ethical issues?

3. What is the internal control environment for maintaining ethical behaviour and standards in your company/organisation?

4. How is ethical awareness embedded in your company/organisation?

5. How does your company/organisation encourage its intended values and behaviours?

6. How does your company/organisation learn from criticism and compliments?

Assessment” – Template for Appendices below

8 - Declaration

I declare that to the best of my knowledge the answers submitted to these questions are correct. I understand that the information will be used in the selection process to assess my organisation’s suitability to be invited to participate further in this procurement, and I am signing on behalf of Insert name of Supplier.I understand that the Authority may reject my submission if there is a failure to answer all relevant questions fully or if I provide false / misleading information. I have provided a full list of any Appendices used to provide additional information in response to questions.I also declare that there is no conflict of interest in relation to the Authority’s requirement.The following appendices form part of our submission:

Section of Suitability Assessment

Appendix number

Click here to enter text. Click here to enter text.Click here to enter text. Click here to enter text.

SUITABILITY ASSESSMENT COMPLETED BY

8.1 Name Click here to enter text.

8.2 Role in organisation


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8.3 Date Click here to enter a date.

8.4 Signature E-signature

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Suitability Assessment – Template for Appendices

Appendix Number - Click here to enter text.

Suitability Assessment section - Click here to enter text.

Question number - Click here to enter text.


If the Economic operation fails the Suitability Assessment, this may result in their tender submission being excluded.

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9. Suitability Assessment – STAGE ONE – COUNCIL USE ONLY

Information Supplied Evaluation method Rating1.1 Supplier Details For Information Not scored1.2 Bidding model For Information Not Scored1.4 Licencing and Registration For Information Not Scored1.3 Contact Details For Information Not Scored2 Grounds for Mandatory Exclusion Any boxes marked “Yes” will be

excluded from this opportunity Pass / Fail

3 & 4 Grounds for Discretionary Exclusion Pt. 1 and Pt2

Any boxes marked “Yes” may be excluded from this opportunity

Pass / Fail

5.1 Economical / Financial standing For Information Not Scored5.2 Meet Financial requirements “No” may result in a failure Pass/Fail5.3 Part of a wider group For Information Not Scored6 Technical and Professional Ability Inclusion to stage 2 process will

be assessed on a pass/fail methodology.The places in the short list will be allocated to those who receive a full set of ‘Pass’ marks, ‘Fail’ may lead to exclusion.

Pass / Fail

Selection Criteria Evaluation method Pass / Fail*7B Insurance Insurance details will be assessed to ensure

that minimum cover is in place or an assurance to provide minimum insurance has been given. £5million Public Liability Insurance & £10million Employees Liability Insurance Professional Indemnity £2million (if applicable)

Pass / Fail

*7A Additional assessment modules

Inclusion to stage 2 will be assessed on a pass/fail methodology.The places in the short list will be allocated to those who receive a full set of ‘Pass’ marks, ‘Fail’ may lead to exclusion. IF APPLICABLE

Pass / Fail

*7C to 7E – Compliance with Equal Opportunities; Environmental Management and Health and Safety7F – TUPE7G – Ethical Standards

Inclusion to stage 2 will be assessed on a pass/fail methodology.The places in the short list will be allocated to those who receive a full set of ‘Pass’ marks, ‘Fail’ may lead to exclusion.

Pass / Fail

8 Declaration Filled in and signed Pass / Fail* A fail may lead to exclusion

Pass / Fail Choose anitem.

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SECTION 4: CONTRACT CONDITIONS

2.1 The Tenderer will be required, upon the acceptance of the tender to enter into a Contract through the issue of a Council order. The conditions of contract will be as detailed within Appendix A.

2.2 MaterialsAll materials are to be of a good quality, appropriate and fit for purpose and meet the requirements of the Specification. Where a British Standard is current and appropriate, goods and materials shall, where appropriate, be in accordance with that specification. All materials shall be obtained from approved suppliers and manufacturers and used strictly in accordance with the manufacturer’s instructions unless otherwise specified.

2.3 WorkmanshipWorkmanship and labour shall be of a good standard. The whole of the works are to be carried out in accordance with specification and relevant Codes of Practice and other guidance.

2.4 DesignThe Supplier shall accept responsibility for ensuring that the works are adequately designed to meet the performance specification requirements.

The Supplier shall in respect to any inadequacy in the design have the like liability to the client whether under statute or otherwise as would an appropriate professional designer holding themselves out as a competent person to take on work for such design.

Contract Insertions to Appendix A (clause numbers to selected contract)

2.5 Commencement Date means the [Date]

2.6 Contract Period Number of weeks / months / years

At the Council’s sole and exclusive option the Contract Period may be extended for further periods up to a maximum of number of years, in which case, for the purpose of the Contract, the Contract Period shall be deemed to apply to such extended period.

2.7 The relevant Contract Manager / Supervising Officer will be Name.

2.8 Public Liability Insurance cover £5,000,000

Employers Liability Insurance cover £10,000,000

Professional Indemnity Insurance cover £2,000,000 (if applicable)

Product Liability Insurance Cover £2,000,000 (if Applicable)

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SECTION 5 - SPECIFICATION

3.1 Insert Aim

3.2 Insert Output / Objectives

3.3 Insert Timetable

3.4 Insert Services Included / scope

3.5 Insert Monitoring Arrangements

3.6 Insert Documents available immediately that should be referred to

3.7 Insert Deliverables

3.8 Insert pre-employment checks e.g. Disclosure and Barring Service

3.9 Insert business continuity requirements

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SECTION 6: STATUTORY DUTIES

The Supplier shall ensure he fully understands the statutory provisions relevant to the provision of the Service and shall carry out the Service in accordance with those statutory provisions. In particular his attention is drawn to the following:-

Health & Safety at Work Act 1974 Bribery Act 2010 The Public Service (Social Value Act 2012) Contracts (Rights of Third Parties) Act (1999) Equalities Act 2010 Children Act 2004

10.2 Without prejudice to the preceding paragraph, the Supplier shall ensure in the course of providing the Service that add requirement

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SECTION 7 - PRICING SCHEDULE

The costs should be broken down into components with a full description of each component and its associated time and costs. Please contact procurement for further examples - DELETE

Component Component description Delivery by Total Costs (£)Click here to enter text.

Click here to enter text. Click here to enter text.

















Total – Carried to Form of Tender Click here to enter text.

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SECTION 8: STAGE TWO EVALUATION PROCESS AND AWARD CRITERIA

5.1 The Authority will be awarding the contract to the most economically advantageous tender (MEAT) taking into account price and quality.

5.2 Tenders will be evaluated by reference to the data contained within Section 9 Tender Response Document. Tenderers are to note that they must complete Section 9 of the Tender Response Document and sign the Mandatory Declarations contained without and within the appendices contained below.

5.3 The Authority will evaluate Tenderers’ written responses and any further information requested and provided by Tenderers, and any other sources of information deemed relevant and appropriate to this procurement.

5.4 The Authority will use its Evaluation Panel to assess the bid and will award a score based on the following criteria. Tenderers should not assume that they will have the opportunity to refine proposals at a later stage.

5.5 The weighting of the criteria will be as 60% price and 40% non / price quality subject to meeting the affordability requirements. The maximum of 100 points will be allocated and possible. The lowest submitted bona fide price will be awarded 60 points and other Tenderers allocated points for price will be adjusted on a pro-rata basis.

The proposals will be subject to a qualitative evaluation against the following criteria:

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PRICE (60%)

Pricing Schedule Consideration of the Most Economically Advantageous Tender for the Council

Consideration will be given to each individual Tender.

Following this stage, all Tenders reaching this stage will be awarded points in relation to Price and Quality at a 60% price and 40% quality ratio.

In terms of Price, each Tender will be awarded points based on its relationship with the lowest Tender. The Tender with the lowest annual equivalent sum (AES) will be awarded 60 Points; each of the remaining Tenders will be awarded points on a pro rata basis in accordance with the following calculation (rounded to two decimal places):-

TABLE A Pricing Evaluation

Lowest AES / AES x 60

For example, based upon a notional figure of £50K

Tender AES £K Points AwardedA 50 60.00B 55 54.54C 57 52.63D 67 44.78

Please note that the figures are merely examples and are in no way an indication of the contract value.

AWARD CRITERIAA combination of the pricing and non-pricing assessments will determine the most economically advantageous tender.

The non-price percentage score (out of 40%) added to the price percentage score (out of 60%) will give the Grand Total of points scored and the contract will be awarded to the tenderer/s with the highest points.

*Please note that if the successful organisations bid is above £30,000 then the successful organisation will be subject to a mandatory financial appraisal prior to award of contract. Award of contract will be subject to a satisfactory outcome of the financial appraisal.

The Award Criteria weightings are as follows:Non-Price = 40% Price = 60%

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Each individual response within the non-price method statements within the statement of requirements will be evaluated and scored out of the maximum points awarded for each question. As an example here is how the points would be awarded for a question with a maximum point value of 10;

Statement is unsuitable and/or suggests unacceptable risk 0 points Statement fails to meet requirements in a significant way 1-2 point Statement fails to meet requirements in some way 3-4 points Statement meets all the requirements (“par”) 5-6 points Statement exceeds requirements and adds some value 7-8 points Statement exceeds requirements and adds significant value 9-10

points

For the purposes of the award of marks for quality the council will refer to the method statements as submitted by the providers. The method statements must be submitted with this document.

Important: - Any items or statements made in the following non-price / quality questions may be added to the terms and conditions under Schedule 3 will need to be implemented and adhered to along with your bid submission.

Method Statements

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1. Insert your question here; all questions should refer to I.T.T. contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria - Maximum Score - 10 points.


2. Insert your question here; all questions should refer to ITT contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria – Maximum Score – 10 points.




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1. Insert your question here; all questions should refer to I.T.T. contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria - Maximum Score - 10 points.




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4. Insert your question here; all questions should refer to ITT contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria - up to 2 points.


The assessment of social value shall be included as a separately identifiable and scored component of the ‘quality’ element. This shall comprise at least 20 percent of the quality element. Therefore, for example, if the cost-quality balance is 50:50, the social value component of the whole assessment exercise will be 10 points. Similarly, if the cost-quality balance is 60:40, the social value component of the whole assessment exercise will be 8 points.

Table 1 PROVIDES EXAMPLES TO USE ONLY AND IS NOT EXHAUSTIVEEconomic Environmental Social

Numbers of local jobs created and sustained

Contributing to climate change mitigation targets

Increasing volunteering opportunities

Number of apprentice positions

Championing and using environmentally friendly goods and services

Enabling community development and engagement

Number of work placement schemes for school age residents

Reducing carbon footprint and food miles

Encouraging social integration and community cohesion (social capital)

Number of people taken out of ‘out of work’ benefits

Protecting biodiversity Enhancing and celebrating local culture and heritage

Number of training opportunities

Waste minimisation, reuse and recycling

Contributing to health improvement programme and addressing health inequalities

Ensuring fair working conditions and payment

Reduced pollution Click here to enter text.

Ensuring ethical supply (e.g. Fair Trade)

Water use minimisation and energy efficiency


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TABLE B: - Non Price, Method Statement Scoring – COUNCIL USE ONLY

TITLE SCORE MAXIMUM SCORE

Insert your question here; All questions should refer to ITT contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria - Maximum Score -10 points

0-10 Click here to enter text.

Insert your question here; All questions should refer to ITT contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria – Maximum Score – 10 points


Insert your question here; All questions should refer to ITT contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria


Insert your question here; All questions should refer to ITT contract documents and not the qualifying questions that have already been accounted for in the Stage 1 qualifying criteria Maximum Score – 2 points


How will your organisation aim to improve social, economic and environmental well-being (Social Value) of local needs, Customer care/Customer satisfaction, including flexibility, by responding to local circumstances. You should make it very clear as to why Swale Borough Council should select your company as its supplier and the benefit your organisation will bring to the local community Maximum Score – 8 points


Total Score Max 40 Click here to enter text.

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5. SOCIAL VALUE: Some Social Value Measures are outlined in Table 1 of the Local First Policy. Please list all Social Value Measures applicable to your tender, whether they are listed in the table of this documents plus any additional Social Value that has relevance to your tender. Please note the number of Social Value measures included is expected to be proportionate to the size of the contract – Up to 8 points.


http://archive.swale.gov.uk/assets/Strategies-plans-and-policies/Local-First-Policy.pdf

SECTION 9 – TENDER RESPONSES DOCUMENT AND DECLARATION

NOTEThis section contains a declaration that must be signed and a checklist and the response document.

In submitting and returning your tender, please follow the numbers (1 - 6) and sequence of this Section 9 Tender Response Document and Declaration and confirm by ticking the check box that:.

1. A covering letter is provided YES ☐

2. Method statement based on Table B criteria (non-price) method statement scoring. YES ☐

3. From the Pricing Schedule please acknowledge and confirm that you have completed Pricing Schedule. YES ☐

4. Please provide details of the organisation’s Employers Liability, Public Liability, Product Liability and/or other insurances as appropriate (Professional Indemnity). Copies of insurances are to be provided as an appendix.

YES ☐

5. The Mandatory declaration, (Section 10) in relation to the tender, documentation and anti-collusion has been signed and is enclosed.

YES ☐

6. All documents and the necessary returns are now completed in a logical order 1 to 6 and are ready for returning and are included in suitable packaging, labelled up correctly and will be returned by the required date.

YES ☐

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SECTION 10: FORM OF TENDER AND DECLARATIONSTENDER FOR: SERVICES

TO: SWALE BOROUGH COUNCIL

We, COMPANY NAME Company registration number NUMBER whose registered address is FULL POSTAL ADDRESS, having examined the Invitation To Tender (ITT) and other documents made available to us hereby tender to provide all the Works Goods and Services described in the tendering documents including appendices and confirm our submission of a compliant Bid.

We hereby offer to supply the Works Goods and Services subject to the terms and conditions set out in the Conditions of and other documents (if any) at a total cost of £ IN WORDS per annum. (£ IN NUMBERS.)We undertake in consideration of having been supplied with the particulars and permitted to tender, that this Tender shall not be withdrawn or modified for 90 days from the date of its delivery but shall remain binding upon me/us during that period.

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 not constitute a binding Contract between us.

Anti-Collusive Tendering CertificateWe declare that:

1. This is a bona fide tender, intended to be competitive, and that I/we have not fixed or adjusted the amount of the tender by or in accordance with any agreement or arrangement with any other person.

2. I / We, (please delete accordingly), have not done and I/we undertake that I / We, (please delete accordingly), will not do at any time before the hour and date specified for the return of this tender any of the following acts:

a communicating to a person other than the person calling for those tenders the amount or approximate amount of the proposed tender except where disclosure, in confidence, of the approximate amount of the tender was necessary to obtain premium quotations required for the preparation of the tender.

b entering into any agreement or arrangement with any other persons that they shall refrain from tendering or as to the amount of any tender to be submitted.

c offering or paying or giving or agreeing to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to

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be done in relation to any other tender or proposed tender for the said work any act or thing of the sort described above. We acknowledge that if we or anyone who acts on our behalf behaves improperly or commits an offence under the Prevention of Corruption Acts 1889-1916 and the Council’s Bribery Act Policy, the Council may cancel the contract and recover all costs and losses.

The reputation of Swale Borough Council and the trust and confidence of those with whom the council deal with are of fundamental.

Therefore Swale Borough Council condemns bribery and corruption in all its forms.

Swale Borough Council’s Bribery Act Policy explains the process through which the Council intends to maintain its high standards and to protect the organisation, employees, Members and business partners against any allegations of bribery and corruption. Compliance with the Policy is important.

By signing this form of tender and declarations you confirm that you have read, understood and agree to comply with Swale Borough Council’s Bribery Act Policy. Appendix C

In this certificate, the word ‘person’ includes any persons or anybody or associated, corporate or unincorporated, and ‘any agreement or arrangement’ includes any such transaction, formal or informal, and whether legally binding or not.

Dated this DAY of MONTH YYYY

Signature …………………………………………………………………………..

For and on behalf of (Name of Organisation) COMPANY NAME

(Status of signatory (e.g. Partner or Director) STATUS OF SIGNATORY

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http://www.swale.gov.uk/assets/Procurement/Procurement-Policies/Bribery-Act-Policy.pdf


APPENDIX A- CONDITIONS OF CONTRACT

Please check the box to show you have read, understand and agree to the Council’s current Consultancy Terms & Conditions; JCT Design & Build Terms & Conditions; JCT Minor Works Terms & Conditions; Goods & Services Framework Terms & Conditions & Standard Terms & Conditions under SBC’s CSO’s to be used with JCT; Standard Terms & Conditions for Goods & Services for this opportunity. ☐

Failure to agree to the terms and conditions and to check the box above may invalidate you tender submission.

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http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Standard-Terms-and-Conditions-for-Goods-and-Services.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Standard-Terms-and-Conditions-for-Goods-and-Services.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Standard-Terms-and-Conditions-under-SBC-CSO-to-be-used-with-JCT.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Standard-Terms-and-Conditions-under-SBC-CSO-to-be-used-with-JCT.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Goods-and-Services-Framework.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Minor-Works-Building-Contract.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Design-and-Build-Contract.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Design-and-Build-Contract.pdf

http://archive.swale.gov.uk/assets/Procurement/Terms-and-Conditions/Consultant-Terms-and-Conditions.pdf

APPENDIX B - BRIBERY ACT POLICY

Please check the box to show that you have read, understand and agree to the Council’s Bribery Act Policy. ☐

Failure to agree to the Bribery Act policy and to check the box above may invalidate you tender submission.

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