Zero Funded
Contract
Gateway
Information for institutions
Version 6
July 2012
Contents
Introduction ..................................................................................................................... 2
The Education Funding Agency .................................................................................... 2
The purpose of the Zero Funded Contract ................................................................... 2
What is Zero Funding? ................................................................................................... 3
Requirements of Zero Funded Institutions ................................................................... 4
Financial Assessment .................................................................................................... 5
Who should complete the Zero Funded Contract Gateway Questionnaire? ............. 6
Timetable for Applications ............................................................................................. 6
Returning the completed questionnaire ....................................................................... 7
What happens next ......................................................................................................... 7
Zero funded contract gateway questionnaire scoring scheme .................................. 7
Verification of Information ............................................................................................. 9
Sub-contracting Arrangements ..................................................................................... 9
Data Security ................................................................................................................... 9
Zero Funded Contract Gateway Questionnaire .......................................................... 10
Important Notice: Grounds for mandatory rejection ................................................. 17
Declaration .................................................................................................................... 18
Annex: EFA Territories ................................................................................................. 19
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Zero Funded Contract Gateway
Introduction
1. This guidance is for independent1, private education and training institutions2 and
local authorities that want to deliver Education Funding Agency (EFA) funded
education3 and training to young people aged 16-18 and do not have an existing
contract directly with the EFA. This includes institutions currently delivering to young
people via a sub-contract with an EFA funded contractor (although the zero funded
contract cannot be used to deliver the sub-contracted provision; it must be used to
deliver new, additional education and training).
The Education Funding Agency
2. The EFA funds the education system for 3-19 year olds and those aged 19-24 with a
learning difficulty assessment and supports the delivery of capital programmes for
schools, academies, Free Schools, independent specialist institutions and sixth form
colleges. It is responsible for the allocation and distribution of approximately £56
billion revenue and capital funding each year, as well as the delivery of capital
investment in schools. The EFA’s funding for institutions supports the government’s
desire to see all 16 and 17 year olds continuing in education or training by 2013 and
2015 respectively. We want to increase the supply of attractive, high quality
programmes for young people with breadth at entry level and levels 1 and 2 to ensure
that suitable provision is available to meet the requirement of 'Raising the
Participation Age' legislation. This commitment to full participation sits alongside a
wider package of vocational education reforms designed to ensure all young people
are undertaking high quality qualifications.
The purpose of the Zero Funded Contract
3. The purpose of the zero funded contract is to enable new institutions to enter the
market which should, amongst other things, increase the volume of available
provision to meet the needs of young people not currently participating in education
and training and maintain value for money in the delivery of young people’s learning.
4. There have been a number of consultations on developing the wider suitability of
provision for young people, in particular on the recommendations of Professor Wolf4
and in the Special Educational Needs Disability Green Paper5. In response to those
findings, from September 2013, it is expected that all 16-19 year olds in full-time
state-funded provision, including those on academic or vocational education
programmes, study coherent, well thought out programmes which offer them breadth
and depth and do not limit their options for future study or work.
1
Including commercial and charitable organisations.
The term ‘institution’ has replaced the term ‘provider’ previously used by the EFA and YPLA to describe
an organisation delivering education and/or training to 16-19 year olds.
3 This is learner responsive education and training as delivered by colleges and independent private
institutions, not academy education and training.
4 https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DFE-00069-2012
5 https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DFE-00046-2012
2
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5. The zero funded contract will only support programmes that meet these requirements
including, for all students who are able, a substantial qualification recognised by
employers as being of real benefit to them in securing work or a university place.
Where appropriate, students will also take part in work experience or internship, with
progression to work or further education as key outcomes. It is also expected that
young people without a GCSE level C or above in English or mathematics continue to
study those core subjects until they achieve them or reach 18, with the exception of
young people with learning difficulties and/or disabilities where this is not always an
achievable and realistic aim. Students who are not able to study an accredited
qualification will take a programme of work experience focusing on developing their
employability skills, along with work to develop numeracy, literacy and other core
education skills.
6. The following activities will not be eligible for contracts under this route:

programmes which comprise primarily level 3 provision;

GCSE retakes, unless these are for English and mathematics where required (as
stated in para 5 above) and part of a broader programme;

short or narrow programmes;

programmes focused upon highly occupationally specific skills.
7. Where current sub-contractors apply for a zero funded contract, it will not be possible
for them to deliver the current sub-contracted provision under a zero-funded contract.
Institutions that are sub-contractors are welcome to apply for a zero funded contract
in addition to their current sub-contract where they are making additional provision
available.
8. All delivery covered by the zero funded contract will be subject to the EFA’s contract
for services and conditions of funding including conformation to the requirements of
learner responsive funding, as detailed in the EFA’s Funding Regulations6. This
delivery must provide appropriate qualifications and personal and social development
to suit the learning needs of young people and lead to progression.
What is Zero Funding?
9. Zero funded institutions will operate under a contract and receive a funding rate of £0
per student in the first year of delivery, with the contract providing funding in future
years, subject to compliance with contract, available funding and / or policy changes /
developments. During that first year they must:

establish suitable facilities;

develop links to the local referral and education and training network;

recruit students and deliver to them education and training in accordance with the
EFA contract and the principles governing study programmes as described in the
publication ‘Study Programmes for 16-19 year olds7’;

submit the individualised learner record (ILR) for each student;

be in scope for Ofsted inspection;
6
http://www.education.gov.uk/childrenandyoungpeople/youngpeople/studentsupport/funding/a00209794/fun
ding-guidance-2012-to-13
7 https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DFE-00069-2012
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
be subject to and satisfy in the opinion of the EFA, financial health, audit,
assurance and compliance considerations; and

meet all other requirements in order to be funded the following year.
10. While no payments for delivery will be made in the first year, eligible learners will be
able to receive 16-19 bursary funds8 and other Student Support funding allocated
taking into account the expected student numbers.
11. The majority of EFA funding is committed year on year to existing institutions and
institutions based on ‘lagged student numbers’ whereby an institution’s funding in any
given year is based on the student numbers they delivered in the previous year. This
ensures that funding is directed towards institutions who have already demonstrated
they can satisfy our funding conditions and meet student demand.
12. For new, independent private or charitable institutions and local authorities
commencing delivery in September 2012/13 there will be insufficient data available to
fund them on lagged student numbers for the second academic year of delivery
(2013/14), so the starting assumption is that their funding will be based on the first
year’s delivery and contract, with exceptions raised through the normal allocations
business case process. It is expected that the provision that was originally zero
funded will be funded in line with the new simplified funding formula on a fully lagged
basis in the third year (2014/15), subject to the institution meeting all the necessary
funding and quality requirements.
13. Independent, private institutions (including commercial and charitable organisations)
are subject to financial reconciliation9. Clearly this will not take place in the zero
funded delivery year.
Requirements of Zero Funded Institutions
14. Programmes funded by the EFA must provide appropriate qualifications (included in
the Learning Aim Reference Application, LARA10) to suit the personal and social
development needs and aspirations of students, and may also provide opportunities
for work experience or work tasters and progression routes to further learning or
employment. Programmes should meet the requirements of Study Programmes for
16-19 year olds11 (June 2012), and this will be subject to review by Ofsted.
15. The aim is to achieve full participation in line with government aspirations for young
people, and in particular ensure that young people currently in the NEET group are
able to engage with learning, develop the skills they need and successfully progress.
To ensure this, successful applicants will be those with:

proven experience of delivering similar programmes or delivering education and
training to young people;

evidence of good quality outcomes for students;
8
See http://www.education.gov.uk/childrenandyoungpeople/youngpeople/studentsupport/funding for
details of the financial support available to learners.
9 http://media.education.gov.uk/assets/files/pdf/e/ilr%20funding%20returns%202012%2013.pdf – see page
9 onwards.
10 LARA is the Learning Aim Reference Application, which provides details of the learning aims recognised
by OfQual. Accessible from the Data Service website, but the direct link is
https://gateway.imservices.org.uk/sites/lara/Pages/Welcome.aspx
11 https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DFE-00069-2012
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
a successful track record of providing sustainable progression routes for students;

an ability to work well with local authorities, employers and other local partners for
the benefit of young people;

the ability to undertake delivery in the required area;

evidence of how students will be targeted and recruited; and

evidence of preparation for uploading data correctly and on time through the
Individualised Learner Record.
16. Note that the information you supply here may be subject to verification by site visit
and reference to external sources.
17. Applicants should refer to the EFA's Funding Guidance and Regulations page on the
DfE website12 for student eligibility criteria, information on funding rates and formula,
guidance on making Individualised Learner Record (ILR) Funding Returns, Additional
Learning Support, Partnership Provision Controls Guidance and supporting
documents. All successful applicants will also be required to administer the
distribution of Student Support funds, including 16-19 Bursaries.
18. There may be other statutory requirements on providers of services to young people,
such as Criminal Records Bureau checks. It is the responsibility of institutions to
ensure they comply with all of the relevant requirements and the EFA will accept no
liability in respect of any failure by an institution in respect of these.
Financial Assessment
19. The financial health of all potential suppliers will be assessed using the EFA’s
financial health assessment methodology. For commercial and charitable institutions,
this methodology involves the calculation of three key accounting ratios and results in
one of four grades: inadequate, satisfactory, good or outstanding. Any potential
supplier whose financial health is assessed as being inadequate throughout the
process will fail and be unable to receive an EFA contract. If institutions intend to work
as a consortium with other organisations, we will perform these tests on the proposed
lead contractor.
20. A different approach will be used to assess local authority financial health, as their
finances are very different.
21. The EFA reserves the right to carry out further financial health checks throughout the
process if more up to date information comes to light.
22. We will determine a recommended funding limit for the second year of delivery for
potential suppliers using our established methodology. For new institutions, this will
be calculated with reference to their most recent turnover.
12http://www.education.gov.uk/childrenandyoungpeople/youngpeople/studentsupport/funding/a00209794/fu
nding-guidance-2012-to-13
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Who should complete the Zero Funded Contract Gateway
Questionnaire?
23. The questionnaire is to be completed by all independent, private or charitable 16-19
institutions and local authorties that do not currently have an EFA funded contract
and want an EFA zero funded contract.
24. If you are an independent, private or charitable 16-19 institution seeking a zero
funded contract you should make contact with the local authority area(s) in which you
plan to deliver – this is in line with the local authority responsibility13 to maintain an
overview of provision in their own area.
25. The gateway questionnaire is a set of questions aimed at identifying whether an
institution is able to meet our conditions of funding14. The requirements are on:

financial health;

business activities;

delivery capability (includes facilities, staffing, experience etc.);

arrangements for quality assurance of provision;

ability to complete and submit the Individualised Learner Record (ILR);

data security;

professional and business standing; and

evidence of fit with other provision in the local authority area(s) in which delivery in
planned
26. The evaluation of Gateway questionnaires will be based on the scoring scheme set
out in this document.
27. The EFA reserves the right not to give a zero funded contract to applying institutions
and there is no right of appeal.
Timetable for Applications
28. The Gateway will be open to applicants during several ‘windows’ in 2012/13 as set
out in the table below. The windows will be opened on Contracts Finder, where
interested organisations will be able to download the documentation and submit it.
While the Gateway is open, applicants can also ask any questions about the
document and the process via the standard [email protected]
email address.
29. Further dates in 2013 will be announced in the EFA ebulletin.
13
LAs also have a responsibility to commission enough suitable education provision within their area for
learners with learning difficulties and/or disabilities and will decide (in conjunction with what is set out in the
young person’s Learning Difficulty Assessment) where to place a young person.
14 See http://www.ypla.gov.uk/colleges_and_providers/funding/funding-guidance/ for links to a full set of
funding guidance documents for the YPLA which are to be novated to the EFA. Additional requirements
may also apply.
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Window open on
Contracts Finder
Assessment Period
Decisions communicated
20 – 31 August 2012
03 – 21 September 2012
Week commencing 24 September
2012
01 – 12 October 2012
15 October - 02 November
2012
Week commencing 05 November
07 – 31 January 2013
01-22 February 2012
Week commencing 25 February
2013
01 – 26 April 2013
29 April – 25 May 2013
Week commencing 27 May 2013
Returning the completed questionnaire
30. Once completed, the Gateway questionnaire should be emailed, together with the
requested financial information, to:

[email protected]
31. All completed questionnaires will be acknowledged and we will aim to communicate a
decision in line with the timetable above. During this period you may be contacted by
the EFA to provide further information or clarification, which may extend the length of
time taken to reach a decision.
What happens next
32. If your returned questionnaire is rated ‘A’ or ‘B’, you will be contacted by a member of
the relevant territorial team to arrange a contract clarification meeting. The local
authority may also be involved in this meeting. At the meeting you will go through the
EFA contract and have the opportunity to discuss any issues, queries or concerns.
The aim is to get the contract agreed and mobilised as quickly as possible so that
delivery can start.
33. Institutions new to the EFA may need more support than is provided by our usual light
touch contract management; a quarterly meeting will take place with the contract
manager to review progress and address any issues arising.
34. If your application fails to achieve an ‘A’ or ‘B’ rating, you may request feedback by
emailing [email protected] . Feedback will be provided within 10
working days.
35. All decisions on zero funded contracts made by the EFA are final and not subject to
appeal. However, applicants that fail the gateway are free to apply again, having
received feedback that enables them to address any issues identified in the
evaluation of the questionnaire.
Zero funded contract gateway questionnaire scoring scheme
36. The overall categorisation of completed questionnaires is as set out in the table
below. Institutions that achieve an ‘A’ or ‘B’ overall will be able to proceed to contract,
although further discussion and clarification may be needed for those with a ‘B’ score.
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37. EFA expects all applicants to provide answers categorised as ‘A’ or ‘B’ as an overall
score for each section. A single score of ‘C’ for any of the sections will result in the
application being rejected even where scores are ‘A’ and/or ‘B’ elsewhere.
38. Please note that the financial assessment is carried out by the EFA’s External
Assurance team and their decisions are final and not subject to appeal.
Score
Evaluation rationale
Completely meets the Gateway requirement
A majority of scores are ‘A’.
A15
The proposal is comprehensive and demonstrates that the applicant fully meets
the Gateway requirement. They have supplied clear, detailed and relevant
information in response to all questions and the evidence is unequivocal.
The financial assessment must be rated good or outstanding for an ‘A’.
The evaluation team is fully satisfied about the institution’s ability to meet the
detailed criteria.
Discussion or clarification may be required before proceeding to contract.
Almost meets the Gateway requirement
A majority of scores are ‘B’.
B16
The institution has demonstrated that they almost meet the Gateway
requirement. The majority of the information provided is relevant, clear and
convincing with only minor reservations.
The financial assessment must be rated satisfactory or better for a ‘B’.
Discussion or clarification may be required before proceeding to contract.
Fails to meet the Gateway requirement
A majority of scores are ‘C’ or the financial assessment is rated ‘Inadequate’.
C17
The evidence provided is unconvincing, unclear or limited, or fails to address
directly the questions being asked, raising doubts about the institution’s ability to
meet the requirement.
An ‘A’ answer answers all questions fully with relevant and convincing information, demonstrating the
experience asked for. Where a ‘Yes / No’ question is asked, the correct answer is supplied. The word
limits are observed and all the information is provided.
16 A ‘B’ answer provides most of the information requested, with minor exceptions. The information
supplied is mostly convincing and relevant, but it may only partially answer the question. Some information
may be missed because the applicant failed to observe the word limit.
17 A ‘C’ answer provides irrelevant, unclear or unconvincing information. Where a ‘Yes / No’ question is
asked, the wrong answer is supplied.
15
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Verification of Information
39. Not all questions require supporting documents up front at this stage with this
questionnaire. However, the EFA may ask to see these documents at a later stage,
so it is advisable you ensure they can be made available upon request. You may also
be asked to clarify your answers or provide more details about certain issues.
Sub-contracting Arrangements
40. Sub-contracting is not permissible under a zero funded contract. Institutions that
continue into a second year of EFA funded delivery will be subject to the normal
contractual conditions in relation to sub-contracting.
Data Security
41. Due to the well-publicised losses of sensitive information by some central government
departments and the subsequent review into government security we are now
required to ensure that all our contracts with external organisations contain sufficiently
robust data security clauses to protect the EFA (and consequently the department for
education) from any such losses.
42. The EFA Model Contract issued alongside this questionnaire contains clauses
relating to data protection. For the avoidance of doubt, all institutions in receipt of EFA
funding and/or contracts will be expected to comply with the standards set out in the
contract at a minimum.
43. Should a zero funded contract be agreed, there may be a further requirement on the
institution to complete a Data Security Plan. A sample plan is available on request.
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Zero Funded Contract Gateway Questionnaire
All institutions wishing to receive a zero funded contract are required to complete this
questionnaire.
1. BASIC DETAILS OF YOUR ORGANISATION
Not scored
1.1 Name of the organisation:
1.2 Contact name for enquiries about this
questionnaire:
1.3 Job Title:
1.4 Company Address:
Post Code:
1.5 Telephone number:
1.6 Fax number:
1.7 E-mail address:
1.8 Website address (if any):
1.9 Company Registration number (if this
applies):
1.10 Charities or Housing Association or other
Registration number (if this applies). Please
specify registering body:
1.11 Date of Registration: (if this applies)
1.12 Registered name and address if different
from 1.1:
Post Code:
1.13 Are you registered for VAT? If so, please
provide Registration number:
1.14 Is your organisation
(score-through or delete as
required)
i) a local authority or local
authority owned organisation?
Yes / No
iii) a public limited company?
Yes / No
iii) a limited company?
Yes / No
iv) a partnership
Yes / No
v) other (please specify)
1.15 Are you acting as the lead organisation for a consortium?
Yes / No
1.16 Name of (ultimate) parent company (if this applies):
1.17 Companies House Registration number of parent company (if
this applies
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1. BASIC DETAILS OF YOUR ORGANISATION
1.18 Consortium
delivery
Not scored
a) Your organisation is bidding to
provide the goods and/or services
required itself
b) Your organisation is part of a
consortium or Special Purpose
Vehicle18
If your answer is (b) please indicate in a separate annex providing full details of the company
names and addresses, the composition and governance of the supply chain, indicating which
member of the supply chain will be responsible for which delivery elements.
QUESTIONS 1.20 AND 1.21 FOR COMPLETION BY NON-UK BUSINESSES ONLY
Registration with professional body
1.19 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 Annexes IX A-C of Directive
2004/18/EC) under the conditions laid down by that member
state)?
1.20 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? If yes, please provide details of what is
required and confirm that you have complied with this.
2. SUMMARY OF PROPOSED DELIVERY
A19 / B / C
2.1 Please summarise what you plan to deliver in your Zero funded year. (400 words or less)
You should include a description of the type of education or training you will deliver, together with the
relevant qualifications, plus the numbers you plan to recruit, the types of young people you will target,
and why you believe this provision is needed in the area. Refer to the list of exclusions at para 6.
18
A special purpose vehicle (SPV) is a financial entity created for the purpose of fulfilling a very specific
and limited use. It is separated from the sponsoring or parent company for legal and tax reasons, and may
be controlled by several companies working together.
19 An ‘A’ answer will answer all questions fully, providing all the information requested. Where a ‘Yes / No’
question is asked, the correct answer must be supplied to score ‘A’.
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A19 / B / C
2. SUMMARY OF PROPOSED DELIVERY
2.2 Where do you want to deliver zero funded education and/or training?
Set out which local authority area(s) you plan to deliver in. Refer to the map in the Annex for an
illustration of the EFA territories.
EFA Territory
Local Authority Area(s)
North
South
East
West
2.3 If you are a commercial or charitable institution, have you informed the local
authority / ies in whose area(s) you plan to deliver?
Yes/No
2.4 Please describe the contact you have made with the local authority / ies (400 words or less)
You should include which local authorities you have contacted, the issues discussed and how you see
your provision fitting with existing education and training in the area(s).
Local authority organisations do not need to provide this information.
2.5 Please describe how you will meet EFA requirements on data collection/upload in
relation to the individualised learner record20.
2.6 Please set out the formal LARA registered qualifications21 your organisation is
accredited to deliver.
20
There are several ways of submitting ILR data; some organisations have the systems and capacity to
make direct submissions, others use the services of a large funded organisation such as a college and
others contract with data management companies. These latter options may incur a charge which is not
fundable by the EFA. See http://www.thedataservice.org.uk/data_quality/ilr/ for further information on the
Individualised learner record and
http://www.education.gov.uk/childrenandyoungpeople/youngpeople/studentsupport/funding/a00209794/fun
ding-guidance-2012-to-13 for information on EFA funding regulations and conditions.
21 See paragraph 14. Qualifications must be recognised by Ofqual and registered with LARA.
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2. SUMMARY OF PROPOSED DELIVERY
A19 / B / C
3. FINANCIAL INFORMATION22
Pass / Fail
3.1 All bidders must provide one of the items below along with your completed
questionnaire. Indicate ( or X) which of the following you are providing.
A copy of your last 2 years’ audited financial statements (note: this is the
preferred submission unless you are yet to prepare accounts)
A statement of your most recent year of trading to include profit & loss
account, balance sheet and cash flow (bank letter outlining current cash
and credit position)
Alternative means of demonstrating financial status if trading for less than a
year, for example profit & loss account, balance sheet and cash flow
forecast for next 12 months (bank letter outlining current cash and credit
position)
3.2 If requested, would you be able to provide a banker’s reference?
Yes / No
4. INSURANCE
4.1 Please confirm whether you are willing to take out the appropriate level of
insurance cover as set out below:
Pass/ Fail
Yes / No
‘The Potential Supplier shall maintain at its own cost a policy or policies of
insurance to cover the liability of the potential supplier in respect of any actual
default for which it may become liable to indemnify the EFA under this
Agreement. The potential supplier should provide copies of any insurance
certificates to the EFA including professional indemnity, employers’ liability and
public liability insurance following a written request from the EFA’.
5. EXPERIENCE
A/B/C
5.1 Describe your direct experience of delivering this type of support to young people at
local level, which can be evidenced on request. If you have not delivered education and
training to young people previously, describe your relevant delivery experience.
(300 words or less)
22
See paragraphs 19 to 22. A different process will apply to local authorities and local authority owned
organisations.
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6. BUSINESS ACTIVITIES
A/B/C
6.1 What are the main business activities of your organisation as they relate to this
questionnaire?
6.2 Have you previously delivered services in the geographical area you wish to deliver
in? If not, have you delivered services in a similar area?
Summarise your evidence below in 300 words or less with reference to the area you
are interested in.
6.3 Do you and your partners (if applicable to your delivery model) have a track record of
working with the type / range of young people in the local area(s) you are applying for
(or in similar types of area)? If you do, please tell us about your experience.
Summarise your evidence below in 300 words or less.
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7. FACILITIES
A/B/C
7.1 What facilities does your organisation have for delivery of education and / or training
to young people in the target area(s)?
Set out the type of facilities, where they are located and the number of young people that
can be safely accommodated.
Indicate whether the facilities are up and running and if they are not, what steps have to be
taken to get them ready on time.
Also provide your organisation’s UK Provider Reference Number23 (UKPRN).
(Your ability to provide a number will not be used as part of your score, but you must have
a UKPRN or we cannot contract with your organisation.)
If you need to add extra sheets, make sure that your organisation name and contact details
head up the annexes along with the name of the area(s) you are bidding for.
UKPRN:
Facilities’ location(s):
(Should be located within the delivery
area)
Facilities’ type(s):
(e.g. classrooms, workshops,
employers’ premises etc.)
Facilities’ capacity and current numbers
using:
(i.e. capacity XX students, XX currently
using)
Are facilities ready to use? If not, what
needs to be done to make them ready?
8. QUALITY ASSURANCE / ETERNALLY VERIFIED ASSESSMENT
A/B/C
8.1 What arrangements have you made for assuring the support you provide is quality
assured both internally and externally?
Please provide a brief summary, including details of who is responsible for quality
assurance in your organisation. This information will be subject to verification.
23
The EFA can only contract with organisations that have a UK Provider Reference Number. A number
can be obtained by registering with the UK Register of Learning Providers at their website:
http://www.ukrlp.co.uk/.
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Internal arrangements
for QA (could include
staffing structure etc.)
250 words or less
How your provision is
externally quality
assured (e.g. by
Ofsted or other). If
you are inspected by
Ofsted, supply your
most recent
inspection outcome.
250 words or less
9. REFERENCES
A/B/C
9.1 Please provide details of up to three contracts, public or private, in the last five years
that are relevant to this questionnaire. (The customer contacts named should be
prepared to speak to the EFA if we wish to contact them).
If you want to put this information on a separate sheet to avoid typing in the narrow
columns, put your organisation name and contact details at the head of the sheet, along
with the name of the area(s) the questionnaire is for.
Contract 1
Contract 2
Contract 3
Contracting Organisation Name
and Website (if applicable)
Contracting Organisation
contact name, phone number
and email
Date contract awarded:
Date contract completed:
Brief description of contract
(max 100 words per contract)
Contract Value: £
£
£
Describe how you performed
against targets set in contract
(max 200 words per contract)
If you cannot provide at least one reference, please briefly explain why below. We
may require further information and will want to discuss further if your application
proceeds to the next stage (i.e. pre-contract discussions).
(200 words max)
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Important Notice: Grounds for mandatory rejection
In some circumstances the EFA is required by law to exclude you from
participating further. If you cannot answer ‘no’ to every question in this section it
is very unlikely that your application will be accepted, and you should contact us
for advice before completing this form.
Please state ‘Yes’ or ‘No’ to each question.
Pass/
Fail
PROFESSIONAL AND BUSINESS STANDING
Has your organisation or any directors or partner or any other person who has powers of
representation, decision or control been convicted of any of the following offences?
(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;
Yes / No
(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; where the offence relates to active corruption;
Yes / No
c) the offence of bribery, where the offence relates to active corruption;
Yes / No
(ca) bribery within the meaning of section 1 or 6 of the Bribery Act 2010;
Yes / No
d) fraud, 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,
within the meaning of:
Yes / No
Failure to provide information required or providing inaccurate/misleading
information when participating in a procurement exercise
Yes / No
Failure to obtain and maintain relevant licences or membership of an
appropriate trading or professional organisation where required by law
Yes / No
If the answer to any of these is “Yes” please give brief details below, including what has
been done to put things right.
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Declaration
Conflict of Interest
I confirm that I am not aware of any conflict of interest or any circumstances that could
give rise to a conflict of interest.
Ineligibility
I confirm that I am not aware of any grounds under Regulation 14 of the Public Service
Contracts Regulations (SI 1993 No. 3228)24 that may deem this response ineligible.
Please note that this information is also available upon request.
Freedom of Information
The Education Funding Agency has legal duties under the Freedom of Information Act
which may require it to disclose, upon request, information relating to this completed
questionnaire and to any subsequent contracts with it. This may include, amongst others,
disclosure of the nature of the goods/services provided, standards of service or
performance and the evaluation criteria.
I confirm that I acknowledge and agree that the Education Funding Agency may disclose
such information and that all decisions made by the Education Funding Agency pursuant
to a request under this Act are solely a matter for, and at the discretion of, the Education
Funding Agency.
I agree that this completed questionnaire and any contracts which may result from it in
relation to the delivery of specific learning programmes described in this document shall
be based upon the EFA terms and conditions as referenced in this Gateway document.
I agree that this response and any contract which may result from it shall be based upon
the EFA’s terms and conditions and the following:

Zero Funded Contract Gateway Instructions

Statement of Requirement

Declaration of Conformity
DECLARATION
I declare that to the best of my knowledge the answers submitted in this questionnaire are
correct. I understand that the information will be used in the process to assess my
organisation’s suitability for a zero funded contract. I understand that the EFA may reject this
questionnaire without the possibility of an appeal if there is a failure to answer all relevant
questions fully or if I provide false/misleading information.
FORM COMPLETED BY
Name:
Position (Job Title):
Date:
Telephone number:
Signature:
24
http://www.legislation.gov.uk/uksi/1993/3228/contents/made
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Annex: EFA Territories
North: North
East, North West,
Yorkshire and the
Humber
West: South
West, West
Midlands
East: East
Midlands, East of
England
South: South
East, London
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© Crown copyright 2012
You may re-use this information (excluding logos) free of charge in any
format or medium, under the terms of the Open Government Licence. To
view this licence, visit http://www.nationalarchives.gov.uk/doc/opengovernment-licence/ or e-mail: [email protected].
Where we have identified any third party copyright information you will
need to obtain permission from the copyright holders concerned.
Any enquiries regarding this publication should be sent to us at
[email protected] .
This document is also available from our website at
www.education.gov.uk
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