4
Dated 2011
FOLD HOUSING ASSOCIATION
-andJNP ARCHITECTS
Social Housing Scheme
-atVillage Phase One, Belfast
Framework Contract
Selection Procedure
Appointment of Architects to a Framework Agreement
Accord
Framework: SELECTION PROCEDURE
CONTENTS
SELECTION PROCEDURE
BACKGROUND
BANDING
SELECTING A CONSULTANT
DIRECT CALL OFF PROCEDURE
PRICING
MINI COMPETITION PROCEDURE
3
3
3
3
4
5
5
Schedule 1 Mini Competition Rules
Introduction
Confidentiality
Submission of Mini Tenders
Rejection of Mini Tenders
Non-consideration of Mini Tenders
Acceptance of Mini Tenders, criteria for evaluation and contract award
Consultant’s warranties
General
Data Protection and Freedom of Information
6
6
7
8
9
9
10
10
11
11
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SELECTION PROCEDURE
BACKGROUND
1. The Selection Procedure that the Authority will use to determine which Consultant will be
let a Works Package is detailed below.
2. Where applicable, additional Contract Data, including Scope, specific to a Works Package
will be provided during the selection process.
3. Once a Consultant has been selected, a Selection Notification will be completed and issued
to the successful Consultant.
BANDING
4. In accordance with the Banding, the value of the proposed Works Package must be
considered to establish which Band qualifies, and, therefore, which Consultants can be
considered for the Works Package.
5. The Bands under which Consultants may be selected are:
1. BAND 1 – Works of less than £1.5 million in value;
2. BAND 2 – Works of £1.5 million or more in value;
n.b. Values are based on estimated construction costs.
6. Further details of the Banding can be found in the Framework Information and ITT.
7. The procedures for selection of a Consultant given below will only be applied to Consultants
in the relevant Band.
SELECTING A CONSULTANT
8. The Mini Competition procedure will generally be used to select a Consultant from the
appropriate Band.
9. The Mini Competition procedure is explained in detail below.
10. Mini Competitions will be held amongst all of the Consultants in the appropriate Band who
are willing to partake, except where:
1.
the Authority deem it undesirable;
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2.
a mini competition is unsuitable; or
3.
the Authority is unable, for whatever reason, to run a Mini Competition.
11. Where a Mini Competition is not used to select a Consultant under the appropriate Band, the
Direct Call-off process described below will be used.
DIRECT CALL OFF PROCEDURE
First Preference
12. The Authority will select the Consultant which offered the first Most Economically
Advantageous Tender in the appropriate Band for this Framework Contract, unless:
1.
the Consultant’s performance KPI score indicated unsatisfactory performance on a
previous Works Package; or
2.
the Consultant for any reason could not undertake the Work Package at that time.
Second Preference
13. The Authority will select the Consultant which offered the second Most Economically
Advantageous Tender in the appropriate Band for this Framework Contract, unless;
1.
the Authority is of the opinion that the Consultant’s performance on the previous Work
Package was unsatisfactory; or
2.
the Consultant for any reason could not undertake the Work Package at that time.
Third Preference
14. The Authority will select the Consultant which offered the third Most Economically
Advantageous Tender in the appropriate Band for this Framework Contract, unless;
1.
the Authority is of the opinion that the Consultant’s performance on the previous Work
Package was unsatisfactory; or
2.
the Consultant for any reason could not undertake the Work Package at that time.
Fourth Preference
15. The Authority may select any other Consultant to provide the design service. The Authority’s
decision shall be final.
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Pricing
16. Once a Consultant has been selected, the Authority may used the Tendered Prices, or ask
the Consultant to submit a quotation in accordance with the Quotation Procedure.
17. If the Quotation Procedure is used, but the Consultant and Authority cannot agree a price,
the Authority may ask the next preference to submit a quotation.
MINI COMPETITION PROCEDURE
18. This procedure is used where the Employer elects to hold a Mini Competition.
19. The competition is open to all Consultants within the appropriate Band, however a Consultant
may be excluded from participating in the Mini Competition if:
1.
the Consultant’s performance KPI score indicated unsatisfactory performance on a
previous Works Package; or
2.
the Consultant for any reason could not undertake the Work Package at that time.
20. The Employer runs the competition on the basis of the same or, if necessary, more precisely
formulated contract terms.
21. The competition may be run on a quality / price basis, the weighting is 30/70 respectively.
Except for where the Consultant’s circumstances have changed, the quality element will be
based on the quality scores achieved in the Framework tendering process. The Authority
reserves the right to alter the quality criteria from that set out in the Framework tendering
process.
22. Alternatively, the competition may be run on a price only basis.
23. The Consultant must state whether their price is higher than the price given in the Framework
QCQ.
24. The Framework Consultant who has the highest quality/price score following the Mini
Competition may be awarded the Work Package.
25. Any Mini Competition process will be operated in accordance with the Mini Competition
Rules which can be found at Schedule 1 of this document.
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Schedule 1
Mini Competition Rules
26. Mini Tenders must be submitted in accordance with the following Mini Competition Rules (the
Rules). Mini Tenders that do not comply with these Rules in any particular way may be
rejected by the Authority, whose decision in the matter shall be final.
Introduction
27. Pursuant to the Agreement, Consultants may be invited to submit a Mini Tender for carrying
out of a Project as described in the Mini Invitation. Words and expressions have the
meanings used in the Framework Agreement.
28. Mini Tenders should be prepared under the same headings and in the same sequence as set
out in Mini Invitations. Consultants should include all information requested.
29. Consultants are responsible for obtaining all information necessary for the preparation of
their Mini Tenders.
30. All costs, expenses and liabilities incurred by any Consultant in connection with the
preparation and submission of a Mini Tender in connection with the execution of the relevant
Project Contract, and all and any relevant documents, shall be borne by that Consultant.
31. Whilst the Authority will use its best endeavours to see that all information is given to
Consultants by the Authority is both truthful and accurate, the Authority in no way warrants
the same and Consultants must satisfy themselves of the accuracy of any information
provided by the Authority. The Authority accepts no responsibility or liability whatsoever for
any loss or damage of whatever kind and howsoever caused arising from or in consequence
of the use by Consultants of such information.
32. The fact that a Consultant has been invited to submit a Mini Tender does not necessarily
mean that it has satisfied the Authority as to its capability to undertake the Project.
Furthermore, the Authority makes no representation regarding any Consultant’s financial
stability or ability in any way to undertake the Project.
33. The attention of the Consultant is drawn to the Agreement and the details set out in the Mini
Invitation. It is essential that Consultants are totally familiar with the contents of these
documents before compiling their Mini Tender.
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34. The procurement programme and any supplementary evaluation criteria will be set out in the
Mini Tender.
35. If any Consultant requires any further information or wishes to raise any query, such requests
or queries should be addressed to the individual identified in the Mini Tender.
36. The Authority will endeavour to answer all such requests and/or queries raised by the
Consultants provided that they are received at least 4 Working Days before the date
specified for the return of Mini Tenders. Any such requests and/or queries and the Authority’s
response will be sent to all Consultants.
Confidentiality
37. All information supplied by the Authority in connection with the Mini Invitation and the Mini
Invitation itself shall be treated as confidential and Consultants shall not, without the prior
written consent of the Authority, at any time make use of such information for its own
purposes or disclose such information to any person (except as may be required by law or
where such information is disclosed with the prior written agreement of the Authority for the
purposes of obtaining sureties, guarantees or commitments from proposed Subcontractor or
Supplier and other information required to be submitted with the Mini Tender).
38. Consultants should not disclose the fact that they have been invited to submit a Mini Tender
or release details of the Mini Invitation other than on a strictly confidential basis to those
parties whom they need to consult for the purposes of preparing the Mini Tenders.
39. Consultants shall not at any time release any information concerning the Mini Invitation
and/or their Mini Tender and/or any related documents and/or any negotiation and/or
discussion with the Authority in this connection for publication in the press or on radio,
television, screen or any other medium.
40. Each Consultant warrants to the Authority that no document that it prepares as part of its Mini
Tender shall infringe any Intellectual Property Rights (as such term is defined in the
Agreement).
41. The Authority reserves the right to retain all Mini Tenders submitted by Consultants
throughout the period that their Mini Tenders remain valid and open for acceptance.
42. Each Consultant undertakes to indemnify the Authority and to keep the Authority indemnified
against all actions, claims, demands, liability, proceedings, damages, costs, charges and
expenses whatsoever arising out of or in connection with any breach of the above provisions.
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Submission of Mini Tenders
43. No unauthorised alteration or addition (save for the inclusion of the relevant information)
should be made to the Form of Mini Tender provided in the Mini Invitation or any other part of
the Mini Invitation. Mini Tenders must not be qualified in any way and must be submitted
strictly in accordance with the Mini Invitation, including these Rules. Mini Tenders must not
be accompanied by any covering letter or any statement that could be construed as
rendering the Mini Tenders equivocal and/or placing it on a different footing from other Mini
Tenders.
44. To be considered, Mini Tenders must be:
1.
received by the Authority by Registered Post or Recorded Delivery or delivered by hand
to the address set out in the Mini Instructions by no later than the date and time set out
in the Mini Invitation. Mini Tenders may be delivered by hand only during normal working
hours Monday to Friday 0900 hrs to 1700 hrs and must be taken to the address set out
in the Mini Invitation below, where a signed receipt must be obtained;
2.
sealed in a single plain sealed package. The package, envelope or any franking thereon,
must not bear the marks, sign or reference which might indicate the identity of the
Consultant. Consultants should ensure that the Post Office waives the requirements for
insertion of a sender’s name; and
3.
be kept open and valid for acceptance by the Authority for the period set out in the Mini
Invitation or such longer period as may be agreed with the Authority.
4.
Any Mini Tenders or other supporting documents received after such time and date may
not be considered for acceptance by the Authority.
5.
The Mini Tenders or other supporting documents shall be completed in black ink or type,
in the English language and all monetary amounts shall be stated in Pounds Sterling.
6.
Consultants may be required to provide presentations to stakeholders and other
Authority officers. The provisional date for such presentations will be set out in the Mini
Invitation. Consultants should ensure that the relevant staff are available to attend.
45. The Mini Tenders must be signed:
1.
Consultants should note that any Works Project Contract, its formation, interpretation
and performance shall be subject to and interpreted in accordance with the laws of
Northern Ireland.
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2.
Consultants should include in their Mini Tenders all information required by the Mini
Invitation and all costs necessary to undertake the Project safely and in compliance with
all statutory provisions and other rules or regulations.
Rejection of Mini Tenders
46. Any Mini Tenders or other documents submitted by any Consultant in respect of which the
Consultant;
1.
fixes or adjusts the amount, prices, charges and rates shown:
(a) by or in connection with any agreement or arrangement with any other person, or
(b) by reference to any other Mini Tenders, or
2.
communicates to any person other than the Authority any information except in
accordance with express exceptions, or
3.
enters into any agreement or arrangement with any other person that such other person
shall refrain from submitting Mini Tenders or shall limit or restrict the amounts, prices,
charges and rates to be shown by any other Consultant in its Mini Tenders and other
documents, or
4.
offers or agrees to pay or give, or does pay or give, any sum of money, inducement or
valuable consideration directly or indirectly to any person for doing or having done or
causing or having caused to be done in relation to any other Consultant or any other
proposed Mini Tenders or other documents any act or omission, or
5.
has directly or indirectly canvassed any member or official of the Authority concerning
the acceptance of any Mini Tenders or has directly or indirectly obtained or attempted to
obtain information from any such member or official concerning any other Mini Tenders
submitted by any other Consultant,
May not be considered for acceptance and may accordingly be rejected by the Authority
provided always that such non-acceptance or rejection shall be without prejudice to any other
civil remedies available to the Authority in respect thereof or to any criminal liability that such
conduct by a Consultant may attract.
Non-consideration of Mini Tenders
47. The Authority may in its absolute discretion refrain from considering Mini Tenders if either:
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1.
In any respect, it does not comply with the requirements of the Mini Invitation including
these Rules, or
2.
the Mini Tenders contain any significant omissions.
Acceptance of Mini Tenders, criteria for evaluation and contract award
48. The Authority reserves the right to accept any Mini Tender submitted pursuant to the Mini
Invitation.
49. The Authority shall not be bound to accept any Mini Tender and reserves to itself the right at
its absolute discretion to accept or not accept any Mini Tender submitted.
50. The Authority may without limitation undertake site visits, seek references, require
presentations to be given and undertake interviews as part of the evaluation process. All
information and documents submitted by Consultants by the due date will be considered, as
well as any other information that the Authority requires to be submitted.
Consultants’ warranties
51. In submitting its Mini Tenders each Consultant warrants, represents and undertakes to the
Authority that:
1.
it has not done any of the acts or matters referred to in paragraphs 4.1.1 to 4.1.7
inclusive above and has complied in all respects with these Rules,
2.
all information, representations and other matters of fact communicated (whether in
writing or otherwise) to the Authority by the Consultant, its employees or agents in
connection with or arising out of the Mini Tenders are true, complete and accurate in all
respects,
3.
it has made its own investigations and research and has satisfied itself in respect of all
matters (whether actual or contingent) relating to the Mini Tenders,
4.
it has satisfied itself as to the correctness and sufficiency of the information it has
inserted in the Mini Tender,
5.
it has full power and authority to enter into a Project Contract and undertake the Project,
6.
it is of sound financial standing and has and will have sufficient premises, working
capital, skilled personnel, vehicles, plant, goods and materials and other resources
available to it to undertake the Project,
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7.
it has obtained all necessary consents, licences and permissions to enable it to
undertake the Project and will from time to time obtain and maintain all further and other
necessary, consents, licences and permissions to enable it to continue to do so, and
8.
it will not at any time claim or seek to enforce any lien, charge or other encumbrances
over property of whatever nature owned by the Authority and that is for the time being in
the possession of the Consultant.
General
52. The Mini Invitation and all other documents provided to Consultants will remain the property
of the Authority and will be returned with the Mini Tenders or, if no Mini Tenders are
submitted, upon demand.
53. Consultants are advised to retain for themselves details of their submissions. The Authority
reserves the right to make a charge if a Consultant requests a copy of its submitted Mini
Tender.
54. The requesting of a Mini Tender shall not in any way be construed as creating any form of
Contract or other obligations on the Authority.
Data Protection and Freedom of Information
55. Consultants must at all times:
1.
comply with the DPA,
2.
indemnify the Authority against loss, destruction or procuring of data contrary to the DPA
by the Consultant, it servants or agents, and
3.
in accordance with paragraph 12 of Part 11 of Schedule 1 to the DPA, comply with
obligations equivalent to those imposed by a data controller by the seventh principle of
Part 1 of Schedule 1 to the DPA.
4.
The Authority may be classed as a Public Authority under the FoIA. Under the FoIA
members of the public or any interested party may make a request for information held
by the Authority at the time of the request.
5.
The Authority will consider the disclosure of any information, including price quotes,
contained the Mini Tender (for both successful and unsuccessful Consultants), subject to
the exemptions of the FoIA. Consultants should be aware that attaching a blanket label
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of ‘private and confidential’ or ‘commercial in confidence’ to a Mini Tender may not
exempt the Mini Tender from disclosure under the FoIA.
6.
If a Consultant considers that all or any part of its Mini Tender and/or any specific
information contained therein constitute a trade secret, that information contained therein
is commercially sensitive information disclosure of which would be likely to prejudice the
commercial interests of any party, believes that a duty of confidentiality applies or
otherwise considers that such documents and/or information falls within any other
exemption set out in the Act, the Consultant should:
(a) attach information it considers to be commercially sensitive e.g. costing or a trade
secret in a separate schedule marked ‘commercially sensitive’ information or ‘trade
secret’ and include an estimated time limit for the sensitivity of the information, and
(b) in respect of such schedule and/or specific information, identify the particular FoIA
exemption that the Consultant claim applies in the particular circumstances.
Consultants should do so in full knowledge of the relevant terms of the Code of
Practice. This will enable Consultants to make such claims based on reasons that
address the requirements of the Code of Practice. Further information about the Act
and a copy of the Code is available from the Department of Constitutional Affairs’
website at www.dca.gov.uk/foi/codepafunc.htm
7.
Consultants should be aware that, even when they have scheduled or identified relevant
documents and/or information and claimed exemption pursuant to paragraph 3.27.7, the
Authority will have complete discretion in deciding whether such documents and/or
information should be disclosed under the Act.
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