Department for Business Innovation & Skills Invitation to Tender Contract Requirement: Drivers and Future of Equity Market structure evolution in Europe. Deadline for ITT responses to be received by the Department of Business Innovation and Skills: 1800 hrs on Tuesday, 27th March 2012 Section 1 - Introduction and Index 1.1 This Invitation to Tender (“ITT”) has been prepared by the Department for Business, Innovation and Skills (“BIS”) for the purpose of inviting proposals from your organisation and others for the provision of the goods/services described in the Specification at Section 3 of this document. The tender process will be conducted in a manner that ensures tenders are evaluated fairly to ascertain the economically most advantageous tender 1.2 As part of MiFID 2, the European Commission has drawn up a list of legislative proposals related to computer trading. 1.3 The Department for Business Innovation and Skills (“BIS”) wishes to commission a study on the Drivers and Future of Equity Market structure evolution in Europe. This study should also include a map of computer generated trading in financial markets and its Microstructure reflecting the Equity Market (“Market”) 5 years ago, today and in 10 years. This will be used to inform policymakers and legislators. 1.4 In order to inform the policy officials and legislators during this forthcoming debate, the group of experts involved in this project (http://www.bis.gov.uk/foresight/ourwork/projects/current-projects/computer-trading/lead-expert-group) would like to commission this work. 1.5 This ITT is divided into the following sections (1) this Introduction and Index (2) Instructions to Tenderers (3) Specification (4) Questions that tenderers must address as part of their proposal (5) Requirement for Evidence of Insurance (6) Pricing Schedule Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 1 of 18 1.6 (7) Evaluation criteria (and weightings) that will be used to score the tenders (8) details of the contract that BIS intends to award and the terms and conditions it will incorporate (9) a Statement of Non-Collusion and a Form of Tender which tenderers must complete and return with their Proposal In order to bid for this contract you are required to submit a Proposal explaining how you will meet BIS’ requirements described in the Specification. Your Proposal must additionally include the answers to the specific questions in section 4 of this ITT. You will need to prove that you have the type and amount of insurance cover described in section 5. You must use the pricing schedule in section 6 to explain how you will charge for the work you do. You also need to complete and return the Statement of Non-Collusion and the Form of Tender in section 9. Section 2 - Instructions to Tenderers 2.1 Please read the instructions on the tendering procedures carefully. Failure to comply with them or to return any of the required documents or information may invalidate your tender which must be returned by the date and time given below. 2.2 Please contact Dorothy Duncan in the BIS Procurement Team, 1 Victoria Street, London SW1 OET, (tel 0207 215 3119) at [email protected] if you have any doubts as to what is required or you have difficulty in providing the information requested. Pre-tender negotiations are not allowed. Please insert “C115-1112 Drivers and Future of Equity Market Structure” Questions about this ITT 2.3 If having read the enclosed Specification you decide to submit a tender by the required deadline and wish to receive details of any questions and answers related to this ITT then please can you inform Dorothy Duncan by email at [email protected] no later than noon, 21 March 2012. Emails received after this deadline will not receive this information. The submission of questions is as applicable in 2.4 and 2.5 below. 2.4 You may submit, by no later than 12 noon, 21 March 2012, any queries that you have related to this ITT. Please submit such questions by email to [email protected] including reference “C115-1112 Drivers and Future of Equity Market Structure” in the subject heading 2.5 Any questions should clearly reference the appropriate paragraph in the documentation and, to the extent possible, should be aggregated rather than sent individually. As far as is reasonably possible, BIS will respond to all reasonable requests for clarification of any aspect of this ITT and supporting documents in Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 2 of 18 accordance with the following paragraph, provided they are received before the above deadline. No questions received after the above deadline will be answered. 2.6 Answers to questions received by BIS will be circulated by email on or before to all potential tenderers who have requested to receive details of any questions & answers related to this ITT or have submitted questions All questions and their answers will be circulated to all potential bidders (without revealing the identity of the individual bidder that put forward a particular question). Variant Bids 2.7 You are encouraged to be innovative in your thinking when preparing your bid and to provide any suggestions and solutions that may provide a more cost efficient and value for money solution. Any such proposal which alters the requirements of the specification must be in the form of a variant bid, must be clearly marked “variant bid”, and must be submitted at the same time as the fully compliant bid requested in this ITT. Instructions for return of tenders 2.8 Please email your tender proposal saved in pdf or equivalent format to [email protected] no later than 1800hrs on, 27 March 2012 including the reference “C115-1112 Drivers and Future of Equity Market Structure” in the subject heading. 2.9 Late tenders will not be considered unless BIS is satisfied that the delay was caused by reasons outside of your control. 2.10 Tenders will be received up to the time and date stated. It is your responsibility to ensure that your tender is delivered not later than the appointed time. 2.11 Following the selection of the preferred supplier BIS will provide unsuccessful tenderers with the reasons for the decision. Freedom of Information and transparency 2.12 The Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”) apply to BIS. You should be aware of BIS’ obligations and responsibilities under FOIA or EIR to disclose, on written request, recorded information held by BIS. Information provided by you in connection with this procurement exercise, or with any contract that may be awarded as a result of this exercise, may therefore have to be disclosed by BIS in response to such a request, unless BIS decides that one of the statutory exemptions under the FOIA or the exceptions in the EIR applies. If you wish to designate information supplied as part of this response as confidential, or if you believe that its disclosure would be prejudicial to any person’s commercial interests, you must provide clear and specific detail as to the precise information involved. Such designation alone may not prevent disclosure Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 3 of 18 if in BIS’ reasonable opinion publication is required by applicable legislation or Government policy or where disclosure is required by the Information Commissioner or the First-tier Tribunal (Information Rights). 2.13 Additionally, the Government’s transparency agenda requires that tender documents (including ITTs such as this) are published on a designated, publicly searchable web site. The same applies to other tender documents issued by BIS (including the original advertisement and the pre-qualification questionnaire (if used)), and any contract entered into by BIS with its preferred supplier once the procurement is complete. By submitting a tender you agree that your participation in this procurement may be made public. The answers you give in this response will not be published on the transparency web site (but may fall to be disclosed under FOIA or EIR (see above)). Where tender documents issued by BIS or contracts with its suppliers fall to be disclosed BIS will redact them as it thinks necessary, having regard (inter alia) to the exemptions/exceptions in the FOIA or EIR. Intellectual Property 2.14 All intellectual property rights in this ITT and all material provided by BIS to applicants in connection with this ITT are and shall remain the property of the Crown. Warnings/Disclaimers 2.15 Offering an inducement of any kind in relation to obtaining this or any other contract with BIS will disqualify your tender from being considered and may constitute a criminal offence. 2.16 You must not: tell anyone else what your tender price is or will be, before the time limit for delivery of tenders try to obtain any information about anyone else's tender or proposed tender before the time limit for delivery of tenders make any arrangements with another organisation about whether or not they should tender, or about their or your tender price Failure to comply with any of these conditions may disqualify your tender. 2.17 Nothing contained in this ITT or any other communication made between BIS or its representatives and any person shall constitute an agreement, contract or representation (except for a formal award of contract made in writing by BIS). Receipt by the tenderer of this ITT does not imply the existence of a contract or commitment by or with BIS for any purpose and tenderers should note that this ITT may not result in the award of any business. Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 4 of 18 2.18 It is the responsibility of tenderers to obtain for themselves at their own expense all additional information necessary for the preparation of their response to this ITT. No claims of insufficient knowledge will be entertained. 2.19 The information contained in this ITT and the supporting documents and in any related written or oral communication is believed to be correct at the time of issue but BIS will not accept any liability for its accuracy, adequacy or completeness and no warranty is given as such. This exclusion does not extend to any fraudulent misrepresentation made by or on behalf of BIS. 2.20 BIS reserves the right to change any aspect of, or cease, the tender process at any time. 2.21 By issuing this ITT BIS is not bound in any way and does not have to accept the lowest or any tender. 2.22 You will not be entitled to claim from BIS any costs or expenses which you may incur in preparing your tender whether or not your tender is successful and regardless of whether a contract is awarded. Consortia Bids 2.23 If you are bidding for this contract in association with another supplier you must explain the structure of your bid. Failure to do so may lead to your bid being disqualified. For example if you are bidding as a lead partner you must explain how the other organisations involved with your team will support you, and take over responsibility for performing the contract in the event that for some reason you are unable to continue. If you are intending to bid as a consortium and to establish a new legal entity to perform the contract please give full details of how that entity will be constituted, including its legal status, who will own it and in what proportions. BIS may require guarantees to be provided by all members of the consortium. Summary of timetable 2.24 This is a summary of the timetable that applies to this procurement. BIS reserves the right to alter this timetable by notice to tenderers. Event Date and Time This specification despatched 16 March 2012 Confirmation of whether your firm intends to bid in order to receive details of any questions and Noon, 21 March 2012 Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 5 of 18 answers related to this ITT Deadline for receipt of questions Noon, 21 March 2012 Answers to questions circulated by BIS 1600hrs, 21 March 2012 Deadline for receipt of bids 1800hrs, 27 March 2012 Checklist of documents to be returned 2.25 You are required to return the following documents (a) Your tender Proposal saved in pdf or equivalent format, including the answers to specific questions in section 4 of this ITT (b) Copies of the insurance documents listed in Section 5 (c) The Pricing Schedule in Section 6 (d) The completed and signed Statement of Non-Collusion in section 9 (e) The completed and signed Form of Tender also in section 9 (f) A copy of the CV’s of all key participants in your bid. Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 6 of 18 Section 3 - The Specification Aim of project 3.1 As part of MiFID 2, the European Commission has drawn up a list of legislative proposals related to computer trading. 3.2 The Foresight project would like to commission a: Report focusing on the Drivers and Future of Equity Market structure evolution in Europe. The central piece of work for this report will look at Equity Market structure in Europe today, will examine the key macro drivers of change and the interactions between them in the last five years (eg. technology, regulation), and will forecast how these (and new macro drivers) and their interactions are likely to shape Markets in the next 5 to 10 years. 3.3 This study should also incuded a full map of computer-generated trading in financial markets and its microstructure reflecting the Market five years ago, today and another equivalent map reflecting this Market in 10 years time This will be published as part of a series of studies commissioned by the Foresight Project on the Future of Computer Trading in Financial Markets http://bis.gov.uk/foresight/our-work/projects/current-projects/computer-trading Specific research objectives 3.4 The study on the macro drivers will be used to inform regulators and these full maps will be used to improve the understanding of the typology of the market and to explain to both regulators and legislators which the key players in the market are and how they interact. 3.5 In previous projects, Foresight has commissioned maps based on a casual loop model 1. 3.6 See also for reference a very basic map done by an academic2 (see the first two pages under the title: introduction). 3.7 It is important to note that tenderers should not use the casual loop model (quoted above) as a basis for this tender and are encouraged to consider other form of maps that meet required outcomes. 1 http://www.bis.gov.uk/assets/bispartners/foresight/docs/computer-trading/11-1234-dr16-electronic-trading-andmarket-structure.pdf 2 http://www.bis.gov.uk/assets/bispartners/foresight/docs/computer-trading/11-1234-dr16-electronic-trading-andmarket-structure.pdf Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 7 of 18 Methodology 3.8 These macro drivers and maps should be based on the inputs from actual industry participants. A day long workshop with high level industry participants (CIOs, CEOs, Chairmen etc from all the relevant sectors) should be the basis for developing these maps. The tenderers would be expected to independently be fully responsible for conducting and facilitating a workshop (from drawing a list of participants to sending agendas, renting a room, taking notes etc). Another option is to conduct a detail survey. Key outputs and deliverables 3.9 A delivering a report with the key macro drivers of change looking at equity market structure in Europe today, will examine the key macro drivers of change and the interactions between them in the last five years (eg. technology, regulation), and will forecast how these (and new macro drivers) and their interactions are likely to shape markets in the next 5 to 10 years. 3.10 The required outcomes for the two maps are as follows: The visual presentation of the full maps should be compelling and readily understandable to a range of project stakeholders (academia, industry, regulatory bodies), and designed to a high standard suitable for publication The maps should be based on the inputs from actual industry participants. A day long workshop with high level industry participants (CIOs, CEOs, Chairmen etc from all the relevant sectors) should be the basis for developing these maps. Another option is to conduct a detail survey. These maps should have sufficient detail and quality to be credible to project stakeholders but it should not be so complex that it cannot be feasibly delivered within the next 2 months A report should be produced suitable for publication including the two maps, details of how these were created, who was involved at the workshop/surveys, subsequent analysis and the resulting findings. 3.11 The scope and the complexity of the full two maps merit careful consideration in view of the required outcomes. It is important that the maps should reflect that different actors have different interests and that these actors may attempt to influence other actors to those ends – recognising the different objectives of the various actors in the system is a key requirement. 3.12 The workshop should be conducted by 30 April (alternatively the survey should be conducted in advance) and the final report should be sent by 11 May and a final version 5 working days after comments from the project leader are made. 3.13 To test the viability of delivering this report, bids are invited to provide a vision of full maps of computer-generated trading in financial markets microstructure and Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 8 of 18 how a workshop/survey would be conducted to produce these maps. This vision should resolve the following important issues: What scope should the maps have? What level of complexity should the maps have? How can the maps recognise the different interests of the various actors within the maps? What structure should the workshop/survey have and how will this capture the information to build these maps? What structure should the final report have? What methodology will your firm use to obtain the information from the survey or the workshop to deliver a report with the key macro drivers of change looking at Equity Market structure in Europe today, and examining/explaining the key macro drivers of change and the interactions between them in the last five years (eg. technology, regulation – how this altered the market structure), and forecasting how these (and new macro drivers) and their interactions are likely to shape Markets in the next 5 to 10 years? 3.14 The vision of the full maps should be presented in the tender (answering the above questions) together with a vision of what the key macro drivers of change are likely to be. 3.15 For the maps, tenderers should focus on the microstructure of computer-generated trading in financial markets (for the different asset classes that are electronically traded such as equities and bonds) but tenderers are free to consider other approaches involving other asset classes that meet required outcomes. 3.16 Please include in your proposal i) how you would engage with project experts and stakeholders to achieve the required outcomes, ii) examples of maps, drivers of change reports that you have previously produced, and, iii) information on any assistance that would be needed from Foresight (e.g. letters of introduction etc). Approximate timings for project 3.17 All the suggested timings below are approximate and provisional but the end date must be complied with. 1. commence work around w/c 2 April. 2. the first draft of the final report should be sent by 11 May. 3. a final draft 5 working days after comments from the project leader is made Budget and prioritisation 3.17 The budget for this project is a maximum of £85,000 (including VAT). Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 9 of 18 3.18 In order to work within this budget, effective prioritisation of the issues by BIS and the appointed researcher will be critical to get maximum value to BIS based on what evidence is available. Processes and responsibilities 3.19 BIS will appoint a project manager to oversee the work. 3.20 The Contractor shall: (a) Appoint a contact person to oversee the work and liaise with the project manager. (b) Provide BIS with timely and ongoing evaluation and quality assurance information relating to the project. (c) attend meetings on site to review progress and discuss the service as required by the Project Manager. Expenses 3.21 All Contractor expenses will be borne by the Contractor, and should be incorporated in the bid price schedule. Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 10 of 18 Section 4 - Questionnaire 4.1 You must respond in full to each of the questions set out in all sections of the questionnaire to allow BIS to make an informed selection of the most appropriate solution. Any alternative options should be made clear. 4.2 You should repeat the question in your tender Response and then include your answer. 4.3 Please number every page sequentially in the main body of your Response and include the date and title of your document on each page of the main body. 4.4 Please submit your Proposal in Microsoft Word format. 4.5 Your Proposal must be in the English language. 4.6 BIS endorses the UK Government policy on sustainable development and where possible, and practicable, tenders should be produced in electronic format. 4.7 Any additional pre-existing material which may expand upon your Proposal should be included as appendices with cross-references to this material in the main body of your Proposal. While promotional material may be included or referred to in your Proposal, you are asked not to include it in substitution of responding fully to all questions. 4.8 You are required to reply to all questions in this Questionnaire even if you have previously provided this information. This is to ensure that BIS can compare each of the options and the suppliers in a fair, like-for-like and reasonable manner. If a question is similar to a question included elsewhere in the Questionnaire, you should repeat your Proposal and expand upon it where necessary. 4.9 Tenders may be rejected if the information asked for in this ITT is not given at the time of tendering. The questions that the tenders are required to answer Section A - Qualities and Resources Question 1 Robustness of the method proposed: please demonstrate that you have an understanding of what it is that BIS requires answering all questions and addressing all points detailed from sections 3.7 to 3.13. Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 11 of 18 Question 2 please demonstrate why your organisation is the best fit for the project. This should draw on relevant and proven specialist expertise and/or track record of previous projects: please demonstrate: experience in producing maps depicting market participants, successful engagement and collaboration with stakeholders (e.g. academics, industry, regulators) Evidence of successfully communicating complicated concepts to a range of stakeholders Evidence of successfully running and facilitating workshop/surveys and producing workshop/survey reports Evidence of timely delivery of project outputs Question 3 As this contract may not be awarded on the lowest price but value for money, please explain how you will provide innovative and cost-effective approach to this research exercise Question 4 Please demonstrate evidence of a deep understanding of computer-generated trading in financial markets Section B - Personnel Question 5 please identify (if appropriate) the individuals to whom you would, if successful, allocate the work under the contact and provide a brief curriculum vitae for each Question 6 please say who BIS’ main point of contact would be Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 12 of 18 Section 5 – Insurance 5.1 Please enclose documentary evidence to show that you have the following types and amounts of insurance cover. This should be a copy of the relevant policy together with proof of payment of the current years’ premium. Employers Liability Cover – minimum cover £5 million Public Liability Insurance Cover – minimum cover £500,000 per claim Professional Indemnity Insurance – minimum cover £500,000 for claims arising from a single event or series of related events in a single calendar year. Section 6 - Pricing Schedule All pricing should be in pound sterling (£GBP). If applicable please convert your currency into UK sterling using the rate published by the European Central Bank on the date you submit your tender Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 13 of 18 Section 7 - Evaluation Criteria Where a question is scored the scores will range from 0 to 5. The following illustrates the meaning of each score: 1. 2. 3. 4. 5. Weak - well below specifications Unsatisfactory - below specification Meets specification Good – exceeds specification Outstanding – considerably above specification and delivers additional benefits Weightings are given to each of the questions that are scored. An organisation’s total score will be determined by the aggregate of the scores for each question once multiplied by the applicable weighting. Question 1 Question 2 Robustness of the method proposed: please demonstrate that you have an understanding of what it is that BIS requires answering all questions and addressing all points detailed from sections 3.7 to 3.13. (weighting x 4) The robustness of the method is excellent: it significantly exceeds the requirement and offers potential significant added value. 5 points The robustness of the method is good: it satisfies the requirement and offers some potential added value. 4 points The robustness of the method is acceptable. 3 points The robustness of the method is acceptable but there are some minor reservations. 2 points There are serious reservations about the robustness of the method. 1 point please demonstrate why your organisation is the best fit for the project. This should draw on relevant and proven specialist expertise and/or track record of previous projects: please demonstrate: experience in producing maps depicting market participants, successful engagement and collaboration with stakeholders (e.g. academics, industry, regulators) Evidence of successfully communicating complicated concepts to a range of stakeholders Evidence of successfully running and facilitating workshop/surveys and producing workshop/survey reports Evidence of timely delivery of project outputs (weighting x 5) The fit is excellent: it significantly exceeds the requirement Department for Business Innovation & Skills Invitation to Tender 5 points © Crown copyright 2010 Version 1.02 (11.10) Page 14 of 18 and offers potential significant added value. Question 3 Question 4 The fit is good: it satisfies the requirement and offers some potential added value. 4 points The fit is acceptable. 3 points The fit acceptable but there are some minor reservations. 2 points There are serious reservations about the fit. 1 point As this contract may not be awarded on the lowest price but value for money, please explain how you will provide innovative and cost-effective approach to this research exercise (weighting x 3) Lowest Rate and up to 20% higher than the lowest Rate relative to the highest Rate 5 points Between 21% and 40% above the lowest Rate relative to the highest Rate 4 points Between 41% and 60% above the lowest Rate relative to the highest Rate 3 points Between 61% and 80% above the lowest Rate relative to the highest Rate 2 points More than 80% above the lowest Rate relative to the highest Rate 1 point Please demonstrate evidence of a deep understanding of computer-generated trading in financial markets (weighting x 3) The understanding is excellent: it significantly exceeds the requirement and offers potential significant added value. 5 points The understanding is good: it satisfies the requirement and offers some potential added value. 4 points The understanding is acceptable. 3 points The understanding acceptable but there are some minor reservations. 2 points There are serious reservations about the understanding. 1 point Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 15 of 18 Section 8 - Details of the contract that will be awarded and the terms and conditions it will incorporate The contract that BIS wishes to let following this procurement is intended to begin on w/c 2 April and last for approximately two months. The contract will incorporate BIS’ standard terms and conditions of contract, a copy of which is available below GPF_04_Standard_T erms_and_Conditions.doc Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 16 of 18 Section 9 Statement of non collusion To : The Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET 1. We recognise that the essence of competitive tendering is that BIS will receive a bona fide competitive tender from all persons tendering. We therefore certify that this is a bona fide tender and that we have not fixed or adjusted the amount of the tender or our rates and prices included therein by or in accordance with any agreement or arrangement with any other person. 2. We also certify that we have not done and undertake not to do at any time before the hour and date specified for the return of this tender any of the following acts: (a) communicate to any person other than BIS the amount or approximate amount of our proposed tender, except where the disclosure, in confidence, of the approximate amount is necessary to obtain any insurance premium quotation required for the preparation of the tender; (b) enter into any agreement or arrangement with any other person that he shall refrain for submitting a tender or as to the amount included in the tender; (c) offer or pay or give or agree to pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person doing or having done or causing or having caused to be done, in relation to any other actual or proposed tender for the contract any act, omission or thing of the kind described above. 3. In this certificate, the word “person” shall include any person, body or association, corporate or unincorporated; and “any agreement or arrangement” includes any such information, formal or informal, whether legally binding or not. ……………………………………………………………………………….…. Signature (duly authorised on behalf of the Tenderer) ……….…………………………………………………………………………. Print name …………………………………………………………….……………………. On behalf of (organisation name) …………………………………………………………………….……………. Date Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 17 of 18 Form of Tender Contract for RESEARCH INTO THE FUTURE OF COMPUTER TRADING IN FINANCIAL MARKETS To : The Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET 1. Having considered the invitation to tender and all accompanying documents (including without limitation, the terms and conditions of contract and the Specification) we confirm that we are fully satisfied as to our experience and ability to deliver the goods/services in all respects in accordance with the requirements of this invitation to tender. 2. We hereby tender and undertake to provide and complete all the goods/services required to be performed in accordance with the terms and conditions of contract and the Specification for the amount set out in the Pricing Schedule. 3. We agree that any insertion by us of any conditions qualifying this tender or any unauthorised alteration to any of the terms and conditions of contract made by us may result in the rejection of this tender. 4. We agree that this tender shall remain open to be accepted by BIS for three months from the date below. 5. We understand that if we are a subsidiary (within the meaning of section 1159 of (and schedule 6 to) the Companies Act 2006) if requested by BIS we may be required to secure a Deed of Guarantee in favour of BIS from our holding company or ultimate holding company, as determined by BIS in their discretion. 6. We understand that BIS is not bound to accept the lowest or any tender it may receive. 7. We certify that this is a bona fide tender. …………………………………………………………………………........ Signature (duly authorised on behalf of the tenderer) ………………………………………………………………………………… Print name …………………………………………………………………………. On behalf of (organisation name) …………………………………………………………………………. Date Department for Business Innovation & Skills Invitation to Tender © Crown copyright 2010 Version 1.02 (11.10) Page 18 of 18
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