Department for Business Innovation & Skills
Invitation to Tender
Contract Requirement
ADVICE RELATING TO THE IMPACT OF
RADIO SPECTRUM ON THE ECONOMY
Deadline for Bids to be received by BIS
25th January 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 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
This ITT is divided into the following sections
1.3
(1)
Introduction and Index
(2)
Instructions to Tenderers
(3)
Specification
(4)
Questionnaire that tenderers must address as part of their proposal
(5)
Evidence of insurance
(6)
Pricing Schedule
(7)
Evaluation Criteria (and weightings) that will be used to score 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.
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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 using the
enclosed address label.
2.2
Please contact Paul Beardsley, Senior Procurement Manager, Department for
Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET, 020 7215 6170,
paul.beardsley @bis.gsi.gov.uk 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.
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 & answers related to
this ITT then please can you inform Paul Beardsley at [email protected]
no later than 12:00 on 13th January 2012 . Emails received after this deadline will not
receive this information. The submission of queries is as applicable in 2.4 and 2.5 and
below.
2.4
You may submit, by no later than 12:00 on 13th January 2012 any questions that you
have relating to this ITT. Please submit such questions by email to paul.beardsley
@bis.gsi.gov.uk
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
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 to all potential
tenderers who have requested details of any Q&A's related to this ITT (see
paragraph2.3) or have submitted questions other than any that have made a “no bid”
notification (see below) on or before 18th January 2012. 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).
No Bid Notification
2.7
If having read the enclosed Specification you decide not to submit a tender, we
would be grateful if you could please inform us, ideally including your reasons
(though you are under no obligation to do so). Please send this information to Paul
Beardsley, Department for Business, Innovation and Skills, 1 Victoria Street, London
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SW1H 0ET, paul.beardsley @bis.gsi.gov.uk by 18th January 2012 marked “No
Tender”.
Instructions for return of tenders
2.8
Four hard copies of your tender Proposal must be received addressed to Paul
Beardsley, Department for Business, Innovation and Skills, 1 Victoria Street, London
SW1H 0ET no later than 12:00 on 25th January 2012.
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
Envelopes and packages used to return tenders must bear no reference to the
tenderer by name; franking machines which automatically print your company’s
name should not be used. Tenders will be received up to the time and date stated.
Those received before the due date will be retained unopened until then. It is your
responsibility to ensure that your tender is delivered not later than the appointed
time.
2.11
Shortlisted tenderers will be invited to provide a presentation of their proposals as
part of BIS’ evaluation of their response. Such presentations will be held during the
week commencing 30th January 2012. Shortlisted tenderers will be contacted nearer
the time with a specific date for their presentation to take place. Tenderers should
note that the above date is only provisional and may be amended by BIS at any time.
2.12
Following the selection of the preferred supplier BIS will provide unsuccessful
tenderers with the reasons for its decision. Where applicable BIS will observe the
procedure in paragraphs 32 and 32A of the Public Contracts Regulations 2006
concerning the information that must be provided to unsuccessful bidders and the
observance of the standstill period.
Freedom of Information and transparency
2.13
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
if in BIS’ reasonable opinion publication is required by applicable legislation or
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Government policy or where disclosure is required by the Information Commissioner
or the First-tier Tribunal (Information Rights).
2.14
Additionally, the Government’s transparency agenda requires that tender documents
(including ITTs such as this) are published on a designated, publicly searchable web
site which is called “Contracts Finder”. 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
2.15
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
2.16
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.
2.17
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.
2.18
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 the formal written contract between BIS and its preferred
supplier). 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.
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2.19
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.
2.20
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.
2.21
BIS reserves the right to change any aspect of, or cease, the tender process at any
time.
2.22
By issuing this ITT BIS is not bound in any way and does not have to accept the lowest
or any tender.
2.23
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.
Tender Validity
2.24
Your tender should remain open for acceptance of a period of 90 days from the last
date for receipt of tenders which is 25th January 2012. A tender valid for a shorter
period may be rejected.
Consortia Bids
2.25
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
cross guarantees to be provided by all members of the consortium.
Summary of timetable
2.26
This is a summary of the timetable that applies to this procurement. BIS reserves the
right to alter this timetable by notice to tenderers
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Event
Date
This ITT issued
9-Jan-2012
Deadline for receipt by BIS of queries about ITT
12:00 on 13Jan-2012
BIS circulates responses to queries by
17:000 on 18Jan-2012
Deadline for receipt of tenders
12:00 on 25Jan-2012
Written tender evaluation
by 27-Jan-12
Presentations by shortlisted tenderers
w/c 30-Jan-12
Final evaluation of tenders
w/c 30-Jan-12
Successful and unsuccessful tenderers notified no sooner
than
3-Feb-2012
Project Kick-off meeting
6-Feb-2012
Checklist of documents to be returned
2.27
You are required to return the following documents
(a)
your tender Proposal, including the answers to the 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
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Section 3 - The Specification
In March 2011 the Government published the “Enabling UK Growth: Releasing Public
Spectrum” paper as a first step towards achieving the target of releasing 500 MHz under 5
GHz by 2020. Following on from the publication, the Government has obtained substantive
feedback from various stakeholders covering a number of areas such as future demand for
spectrum, issues in releasing spectrum, prioritization of bands, timing of release and further
actions to be taken. The spectrum release programme was unanimously quoted as being
helpful and something that would have a positive contribution to the economy.
One of the areas of focus has been on quantification of the economic value derived from the
use of radio spectrum; both by commercial private sector and public sector users.
The Shareholder Executive, which together with DCMS, HMT and other Government
departments has played an active role in driving forward the release agenda, is now looking
for an independent expert assessment of the current and likely future economic benefit
derived from the use of radio spectrum. We are therefore now seeking to appoint an
advisor to handle this assessment (“the Assignment”).
The Assignment will take as its starting point the existing work already completed within
Government. This includes (but not limited to):
 March 2011 publication “Enabling UK Growth: Releasing Public Spectrum”,
 March 2011 study “Assessment of market demand for spectrum allocated to the
public sector” by Plum Consulting (will be provided to the successful bidder)
 July 2011 Feedback from the call for evidence contained in the ‘Enabling UK Growth:
Releasing Public Spectrum’ publication
The Assignment should primarily focus on the UK, although it would benefit from relevant
international comparisons.
The principal objectives are:
 Identify major users of spectrum and estimate value to the economy (both overall
value and what is attributable to spectrum use). The values to be ascertained
would be current (2011) and future (over 5, 10 years)
 Examine how developments in these industries may impact spectrum demand.
Identify potential new users of spectrum and their requirements
 Examine other factors impacting spectrum demand including ramifications of
international agreements on UK release plan
 Provide information that can serve as a basis for government decisions on public
spectrum release, including likely best methods of release (national licences, local
licences/sharing, licence-exempt uses), : priorities, timescale; and that can also
inform broader Government and Ofcom policy on spectrum management
More specifically it is envisaged that the work would involve:
(A) Existing spectrum uses and value to the economy
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Assess the value of spectrum and contribution to the economy of licensed and licenceexempt users of spectrum including the associated value chain.
The study to cover the economic and social benefits derived from use of spectrum from
(indicating direct impact to UK):
 Producer (technology / platform / infrastructure provision) perspective
 Consumer (business / individual) perspective
 Social benefits to citizens or society as a whole
It is envisaged that the study should cover wide spectrum use across public and private
sectors, including: (not exhaustive)
 Public mobile (including rural broadband)
 Broadcasting
 PMSE
 Satellite
 Business radio
 Fixed links
 Licence-exempt (Wi-Fi, M2M, etc.)
 Transport (aviation, shipping etc.)
 Public sector uses (Emergency services, public transport, defence, MET, etc.)
 Non commercial uses, amateur, community radio etc.
The study should:
 Identify and assess the various users of spectrum. Assessment to include detailed
economic / social parameters and incorporating the associated value chain
 Provide views on developments in technologies for each of the user group and its
incremental impact on the various benefits
 Discuss various methodologies for assessment of the value of spectrum use
 Provide a value of use of spectrum (current and future) for each of the user groups of
spectrum and arrive at a total value of spectrum use to the UK based on triangulating
a range of approaches
 Include considerations on how management of spectrum can influence the economic
value
 Include considerations of constraints in the supply of spectrum (e.g. environmental,
geographical, commercial, etc.)
(B) Factors impacting future spectrum use / demand
In addition to covering elements like impact on growth, business and individual productivity
and innovation, the study should also cover the role of enabling technology and platforms in
roll-out of the new generation of products and services which use spectrum. This would
include:
 Transmitting and receiving equipment
 Cognitive devices
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The study should:
 Provide views on likely future developments and any competing / substituting
technologies that are currently being considered (e.g. fibre)
 Examine how demand for spectrum might be mitigated through convergence of fixed
and mobile technologies
 Examine the implications of international developments / agreements on the likely
future spectrum use / demand and consequently on the UK release programme
 Examine whether users can migrate from current spectrum bands to new ones
 Examine opportunities for sharing to generate more efficient spectrum use
 Examine new business models and opportunities
 Provide views on pricing / value to users on being able to use services (i.e. consumer
price elasticity impact on use)
(C) Implications for spectrum management and allocation
Taking account of the value of spectrum to different sectors of the economy and likely
developments in the short to medium term, analyse the effects on value to the economy of
different options for:
 Spectrum bands to be prioritised for new uses
 Timing of spectrum release
 Allocation policy, including licensed and licence exempt uses
Key deliverables
 A report setting out the key conclusions and findings substantiated by specifics for
the various sections of the industry / public sector that use spectrum
 A dynamic model covering the quantitative aspect of the economic benefits
assessment
The appointed party will work closely with DCMS and other relevant Government
departments (MoD, DfT, etc.) as well as where appropriate with external stakeholders and
commercial users of spectrum. The precise terms and content of the Assignment will be
agreed with the preferred party following appointment which will include developing a
timeline to project conclusion, requirements to attend regular update meetings, meeting to
discuss initial findings and meeting to discuss final conclusions.
Although we do not expect to publish the report itself it is likely that the appointment will
become public knowledge.
You should note that we are looking for a senior team to stimulate real creative and practical
market oriented thinking around the points outlined above. We will be looking to have the
full commitment of your lead partner(s) and relevant team members for the period of this
Assignment.
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Section 4 - Questionnaire
4.1
You must respond in full to each of the questions set out in all sections of this
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 on recycled paper containing
at least 80% post-consumer waste and printed double-sided.
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.
4.8
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.
4.9
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.
4.10
Tenders may be rejected if the information asked for in this ITT is not given at the
time of tendering.
Questions that you are required to answer
You should demonstrate your understanding of the issues involved by:
 Setting out in your proposal some initial thoughts in relation to the proposed scope
of work based on an outside-in perspective and your experience to date.
The following information should also be provided:
 Experience and knowledge of the radio spectrum space (including national and
international case studies with key contacts and lessons learned where appropriate);
 Knowledge of key public sector users of spectrum
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 Experience of providing strategic advice to Government
 Experience of the staff who will be working on the Assignment, and confirmation of
their availability for the duration of the proposed time period. Note that the
selection panel places great importance on meeting those individuals who would
be involved in providing the day-to-day advice during the Assignment;
 Any potential conflicts of interest and your approach to confidentiality
 Your fee proposal (see section 6 below).
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Section 5 – Insurance
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 £2 million per claim
Professional Indemnity Insurance – minimum cover £2 million for claims arising from a single
event or series of related events in a single calendar year.
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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
We view this Assignment as a very attractive opportunity to work closely with high levels of
Government in the critical initial phase of this area of activity. Accordingly, and with an eye
to HMG’s value for money objectives, we hope that you will be able to reflect this in the
structuring of your fee proposal. For the avoidance of doubt, however, we must make clear
that there can be no presumption of further opportunities for work in connection with the
Assignment.
In any case, we will look for a fixed fee for the Assignment. The maximum HMG budget
available for this assignment is £70-80,000 (ex VAT). You should state in your written
proposal the assumptions you have made about:
 Number of days of work
 Composition of team members broken down by grade
 Charge-out price per hour by grade
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Section 7 - Evaluation Criteria
Where a question is scored the scores will range from 0 to 5. Each score has the following
meaning:
0.
1.
2.
3.
4.
5.
Unacceptable
Unsatisfactory - below requirement
Weak - well below requirement
Meets requirement
Good – exceeds requirement
Outstanding – considerably above requirement
Weightings are given to each of the questions that are scored. Your total score will be
determined by the aggregate of the scores for each question once multiplied by the
applicable weighting.
Bidders will be assessed primarily on their understanding of the brief and issues involved,
experience of core team members, track record of working in similar / complementary
assignments and total cost. A more detailed list of evaluation criteria is set out below:
Criteria
Understanding of the brief and issues
Relevance of experience in radio spectrum
and associated sectors
Fee structure
Quality of team, methods and techniques
proposed
Weighting
30%
25%
25%
20%
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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 6th
February 2012 and last for 6 months. BIS shall have the option to extend the contract for a
further period by notice to the chosen contractor.
The contract will incorporate BIS’ standard terms and conditions of contract, a copy of which
is available at:
http://www.bis.gov.uk/about/procurement/standard-terms-and-conditions
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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
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Form of Tender
Contract for ADVICE RELATING TO THE IMPACT OF RADIO SPECTRUM ON THE ECONOMY
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 90 days from
the last date for the receipt of tenders.
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
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