Production of a costed Circular Economy / Zero
Waste strategy
T ENV15-19
Invitation Document
Derry City & Strabane District Council
Council Offices
98 Strand Road
Derry
BT48 7NN
Email: [email protected]
Web: www.derrystrabane.com
1
Table of Contents
Contents
2
Introduction & Scope of Works
3
Instructions to Tenderers
10
Lead Practice Information
18
Project Team Information
25
Fee Proposal
33
Evaluation / Award Criteria
38
Terms & Conditions
41
Form of Assurance
42
Collusive Tendering Certificate
43
Declaration of Commitment to
Promoting Equality of Opportunity
44
Fair Employment Declaration
46
Prompt Payment Certificate
47
Statement Relating To Good Standing
48
Freedom of Information
50
Non Submittal Form
51
Appendix
52
2
Introduction & Scope of Works
1.
Introduction
1,1
Derry City and Strabane District Council is one of the largest of the new
Councils in Northern Ireland providing waste services to a population of some
147,000 residents across the city, towns and villages within the region.
1.2
Zero Waste North West (ZWNW) is a voluntary organisation based in Derry,
promoting Zero Waste/Circular Economy resource management as an
alternative to landfill and incineration.
1.3
These organisations have come together to develop a Circular Economy / Zero
Waste strategy for the Derry City and Strabane District Council area taking
account of current and impending waste management obligations and in full
consideration of current operational position and have secured funding of
£40,000.00 to undertake this work.
‘Zero Waste is a goal that is ethical, economical, efficient and visionary, to
guide people in changing their lifestyles and practices to emulate sustainable
natural cycles where all discarded materials are designed to become resources
for others to use’ (Zero Waste International Alliance 2004)
1.4
Zero Waste is a fresh approach to local governance and ‘waste’ management
which can be summed up as changing from a conventional linear economy to
a circular economy, and from ‘waste management’ to efficient resource
management.
1.5
In consideration of this the partnership wishes to appoint a consultancy to
investigate the technical and economic feasibility of developing a circular
economy / zero waste for use strategy within the Derry City and Strabane
District Council area.
2.0
Background
2.1
Derry City Council is responsible for the provision of waste management
services across the district providing waste collection, treatment and recovery
services on behalf of residents.
2.2
At present Council operates an alternate weekly collection for residual and comingled wastes and has recently introduced both a weekly food waste and a
fortnightly green waste collection to properties across the district.
3
2.3
Council in partnership with Zero Waste North West now wishes to appoint a
consultancy to investigate the technical and economic feasibility of developing
a circular economy / zero waste for use strategy within the Derry City and
Strabane District Council area.
2.4
Details of current waste arisings for all wastes collected by the Council by type
and collection method are available publicly from the waste date flow website.
2.2
Please note that Derry City Council and Strabane District Council does not
accept liability for the content of and any omissions therein of any
existing documentation/drawings supplied to the Consultant.
2.3
The appointed Consultant must ensure that all surveys, drawings, studies
and any other material supplied by Derry City Council and Strabane
District Council is of an adequate quality and standard to the satisfaction
of the Consultant to carry out the necessary work. It is the responsibility
of the Consultant to identify any omissions or sub-standard work and
carry out or commission this work again and/or any additional work they
deem necessary to complete their work.
4
Scope of Services
3.0
Scope of Services
3.1
The Client Team
Zero Waste North West & Derry City and Strabane District Council will be the
joint commissioning authority for all stages of this project and are the only
party with authority to issue instructions to the Consultant team. The Client
team agree that Derry City and Strabane District Council will nominate a
council officer to act as Client Project Sponsor i.e. the primary point of contact
throughout the life of this project. The name of this officer will be provided to
the successful tenderer upon their appointment.
3.2
External Expertise
Council wish to obtain external assistance to advance the delivery of this
project. The Consultant Team requires a wide range of skills and knowledge. It
is acknowledged that the Team should consist of the following expertise;
A Lead Consultant, who will co-ordinate the activities of their appointed
Consultant Team. The consultant will have expertise and working experience in
'zero waste' approaches to policy and waste management strategy. The consultant
will have some experience and knowledge of the social economy.
(a) The Lead Consultant through this commission will build a Consultant Team to
effectively and efficiently deliver this brief. This Team should have a clear
understanding and previous experience in developing waste strategies for
projects similar in scale and complexity required for this project.
(b) The Multi-Disciplinary team should include the following as a minimum;


3.3
Lead Consultant –
Economist/business consultant
Derry City and Strabane District Council (DC & SDC) seeks to engage a
suitably qualified Lead Consultant under the NEC Professional Services form of
contract. In addition and including the services outlined in the above form of
contract, the following scope of services is also required of the Lead
Consultant and his Consultant Team:
5
3.4
The over-arching objective of this commission is to provide an independent
opinion that the development and introduction of a circular economy / zero
waste strategy within the Council area is technically feasible, economically
viable, sustainable and presents value for money in terms of any investment
made by Council in the project.
3.5
The appraisal should address the following:
1 Conduct a concise desk-top review of relevant Zero Waste best practice and
infrastructure internationally, and make recommendations for the Derry and
Strabane Council area (the ‘city region’) in the context of the European Union’s
drive to promote the Circular Economy (CE) taking account of mandatory
waste treatment / recovery / disposal obligations that district councils within
Northern Ireland must comply with.
1. Recommendations will make specific reference to cities and countries with a
similar demographic in Europe and the US..
2. Provide indicative proposals for a Zero Waste model for the Strabane/Derry
council area. Proposals/scenarios and costings should be scaled over a 25 year
period – with periodic (e.g. five year intervals) targets and outcomes.
3. Scenarios will include economics, infrastructure, recommendations on policy
and practice, social and ecological value, incentive structures for the transition
phases, and reference all relevant technical and human resource issues that
will need to be addressed for the transition to a zero waste strategy.
4. Comparative financial, social and ecological costs with non-zero waste
approaches should be set out alongside the recommended scenarios.
5. Consult with all relevant public and private stakeholders, including
government, waste management organizations, local authority, NGO,
Foundations and Think Tanks both within and outside Northern Ireland.
6. Consider alternatives to Cost Benefit Analysis when setting out opportunity
costs of various scenarios in order to capture the social, job creation and
ecological value of any Zero Waste/Circular Economy strategy for the council
district and wider North West.
6
Building Zero Waste Scenarios
7. Set out ‘zero waste’ scenarios that achieve the maximum diversion of waste
from disposal for the Derry City and Strabane District Council area, and
identify - within the Northern Ireland, UK and Republic of Ireland
markets/policy environments – opportunities for the conversion of waste to
resources to support job creation and business innovation, taking account of
the EU’s commitment to the Circular Economy.
8.1
Provide an analysis of the value of each of the waste streams taking
into account variations in quality of the material available by different
separation methods and potential market outlets for the sale of the
‘resource’ or conversion to input into new or existing business or
industrial cycles locally, regionally or nationally.
8.2
Consult with Derry and Strabane Council to establish a comprehensive
database showing where materials that are currently collected for
recycling actually end up.
Scope options and costings for the potential infrastructure (e.g. a
residual waste separation and screening centre)
8.3
8.4
Scope out options and costings for kerbside separation and collection
of municipal waste, taking account of existing operations and the
technical/financial/transition timeline implications for transition.
8.5
Review existing resources for reuse and repair and scope out options
and costs for building progressively on current practice towards a
comprehensive network of reuse, repair and deconstruction initiatives.
8. Map the enterprises and organisations that could engage in recycling
materials drawn from the Derry City & Strabane area, broken down by
material type, quality, separation method and necessary travel distance. Map
the major residual streams onto a data base of outlets for reprocessing and
recycling, prioritising by levels of proximity. Investigate opportunities for the
promotion of collaborative and ‘prosumer’ models e.g. food economy of
production and consumption, and the contribution of the peer-to-peer
economy.
Review existing resources for reuse and repair
9. Identify where the markets are for recycled materials, including whether or not
local markets exist or could be developed for specific materials. Identify
7
barriers to recycling practices and identify incentives and policies to stimulate
further innovation in the North West economy, including the Third Sector.
10. Beginning with the available data from Derry City and Strabane District
Council and other public or private sources, identify any significant gaps or
methodological issues regarding existing data required to identify Zero Waste
scenarios. Work with responsible agencies to draw up recommendations on
meeting any data deficits.
11. Provide an analysis of the monetary and environmental costs of the current
collection and distribution services, and compare with alternative zero waste
options (i.e. opportunity costs).
12. Scope out options for incentive schemes and provide information on
indicative costs.
Research and Development: ‘Think and Do Tank’
13. In the context of research and development to support a long-term economic
transition to a Circular Economy in the North West city-border region, consult
with stakeholders (e.g. Queens University and UU) set out the terms of
reference for a Zero Waste/CE research ‘think-and-do centre’ for the
promotion of resource efficiency, local use of recycled materials, and
designing waste out of the production and consumption cycle. The proposed
think-and-do centre will have a significant policy and brokering role, and
would be embedded in an international network of actors, not just local
outlets.
14. Identify potential funding sources and working partnerships (e.g. Scotland
Zero Waste Centre; McArthur Foundation, US) for a Zero Waste/CE think and
do tank based in the North West.
Public Education and Awareness Raising
15. Scope out the options and potential role of the community sector [ in
partnership with social economy] in delivering a public education and
communication strategy within the context of Community Planning, with
indicative costs.
The appraisal must conclude with the identification of a preferred option which
will in turn form the basis of the subsequent development and funding
recommendations to Council.
8
3.2
Summary Programme
The following are indicative key project programme dates compiled by the
client team. It should be noted that tenderers are obliged to compile their
own Gantt programme. The completion date for all the works and
commissioning must be no later than 31 August 2015
The proposed timescales (subject to change) are as follows:
TASK
DATE
Tenders advertised
18th December 2015
Latest date for submission of queries
4th January 2016
DC&SDC issue written replies
8th January 2016
Tenders returned
15th January 2016
Appointment of Team
Late January 2016
Completion of whole study
April 2016
Derry City and Strabane District Council will endeavour to achieve this
timescale but cannot guarantee this commencement date and cannot accept
any liability if this contract date is not achieved. The Lead Consultant and
Project Consultant Team should be prepared to defer the start date as
necessary. The above dates are estimates and there will be no additional
payments to the team should the actual duration of these phases of the
project take longer than that indicated above.
9
Instructions to Tenderers
1.
Invitation To Tender
1.1 Derry City & Strabane District Council principally invites detailed and
costed proposals for Tender brief defined in Introduction & Scope of
Works. Please ensure your submission includes all details as per section
19 of Instructions to Tenderers.
2
Explanation of Documents / queries during the tender period /
registration of intent to tender
2.1 It is the responsibility of prospective facility/service providers (hereafter
referred to as ‘tenderers’) or parties submitting ‘expressions of interest’
to obtain for themselves at their own expense any additional
information necessary for the preparation of their proposals (hereafter
referred to as ‘tenders’) or ‘expressions of interest’.
2.2 Tenderers are advised to ensure that they are fully familiar with the
nature and extent of the obligations to be accepted by them if their
tender is accepted.
2.3 Should any tenderer be in doubt as to the interpretation of any part of
the contract documents, Procurement shall endeavour to answer
written enquiries. All queries must be submitted in writing to arrive
with Procurement not later than 12Noon 4th January 2016 by email to:
Email – [email protected]
2.4 All copies of written queries received, together with written replies will
be sent to all tenderers not later than 5days before the date of return
of tenders. All responses will also be posted on the Councils.
2.5 In order to ensure receipt of written replies, all prospective tenderers
are therefore requested to register their intent to tender in writing
to Procurement by email as noted in Clause 2.3 above, not later than
12Noon 4th January 2016, including full contact details and indicating
tender will be submitted.
2.6 No representation, explanation, or statement made to a tenderer, or
anyone else, by or on behalf of the Council, as to the meaning of any of
the tender documents, or otherwise in clarification as aforesaid, shall
10
bind the Council in exercise of its powers and duties under any
subsequent Contract(s).
3
Accuracy Of Tender
Tenders must be submitted for the supply of all the services specified in the
Form of Tender. Tenders submitted for part of the services only will be
rejected. Tenderers must price separately for all items listed in the Form of
Tender. The Council may reject any tender that is not priced separately.
4
Information to be provided
Tenderers should provide a brief description of the overall organisation of
their company. Tenderers must also include subcontracting information in this
section if subcontractors will be engaged. Subcontractors must be named and
their roles in the project briefly described.
Tenderers should provide this general background information:
o
Company Address
o
Contact person (s)
o
Year established and company background
o
Number of customers currently being serviced
o
Comprehensive list of available services
o
Provide any additional background information
Tenderers must complete and return all relevant tender/pricing, assurance and
declaration forms etc.
5
Submission of Tender Documents (and/or Additional Proposals and
Expressions of Interest)
5.1
The tender(s) shall be made on the Form of Tender(s) provided, and
signed by the Tenderer. All Contract Documents, together with these
Instructions and completed Form of Tender(s) should be forwarded, by
registered post or delivered by hand and a receipt obtained to:
Tender for “Production of a costed Circular Economy / Zero Waste
Strategy T ENV15-19”
Chief Executive/Director,
Derry City & Strabane District Council
98 Strand Road, Derry
BT48 7NN,
so as to arrive not later than 12.00 noon on 15th January 2016
11
Please provide 4 copies of your tender submission and one copy on USB
Stick. These copies will enable your submission to be reviewed by tender
panel
No UNAUTHORISED alteration or addition should be made to the
Tender Form(s), or to any other of the Contract Documents. IF ANY
SUCH ALTERATION OR ADDITION IS MADE OR IF THESE
INSTRUCTIONS ARE NOT FULLY COMPLIED WITH THE TENDER MAY BE
REJECTED.
5.2
All documents requiring a signature shall be signed.
(a)
Where the Tenderer is an individual, by that individual
(b)
Where the Tenderer is a partnership by the two duly authorised
partners.
(c)
Where the Tenderer is a company by two directors or by a
director and the secretary of the company, such persons being
duly authorised for that purpose.
5.3
Tenders shall be submitted strictly in accordance with the tender
documents.
5.4
No alteration to the text of any of the Tender Documents will be
permitted, and if any are made, the tender may be rejected. Failure to
complete any part of the documents may also incur rejection of the
tender.
5.5
Tenderers must ensure that all requested documentation is returned
with the completed tender.
5.6
No name or mark, including any franking machine slogan, is to be
placed on the envelope to indicate in any way the identity of the
sender.
5.7
Tenderers or any representatives thereof will not be permitted to be
present when the tenders are opened.
5.8
All prices should be quoted in pounds sterling and shall be exclusive of
VAT.
12
6
The Basis of the Tender
The rates quoted in the form of tender section shall remain fixed for the
duration of this contract.
7
Period of Acceptance
The Tenderer is required to hold his tender open for acceptance for a period
of 150 days from the closing date for the submission of tenders.
8
9
Evaluation of Tender
8.1
Evaluation/Award Criteria are outlined in next section.
8.2
Derry City & Strabane District Council is not required to accept the
lowest or any tender and may wish to award the contract as a whole or
individual aspects depending on the strength of the successful team.
Contract Documents take Precedence
The information given in these Instructions for Tenderers is given in good faith
for the guidance of Tenderers, but if there is any conflict, the Conditions of
Contract, Specifications, and the Pricing Documents / Form of Tender shall
take precedence over these Instructions.
10
Pre-Selection Interviews / Presentations
Tenderers are put on notice that they may be required to attend the Council
Offices, 98 Strand Road, Derry, for procedural and technical presentations
and/or interviews during the process of tender evaluation at no charge to
Council.
11
Contract Commencement Date
The contract will commence in March 2016
12
Questions
All questions, requests or other communications regarding this tender must
be made in writing to [email protected]
13
13
Late Submissions
Tenders submitted after the closing date will not be accepted.
14
Expenses and Losses
The Council shall not be responsible for, or pay for, any expenses or losses
that may be incurred by any tenderer in preparing their tender proposals.
15
Preparation of Tender
It is the responsibility of prospective tenderers to obtain for themselves, at
their own expense, any additional information necessary for the preparation of
their tenders.
16
Confidentiality
All information supplied by the Council in connection with this invitation to
tender shall be treated as confidential by prospective tenderers, except that
such information may be disclosed so far as is necessary for the purpose of
obtaining sureties, guarantees and quotations necessary for the preparation
and submission of the tender.
17
Ownership of Tender Documents
These documents are, and shall remain, the property of the Council and shall
be returned with the tender. If no tender is to be submitted, the documents
shall be returned pursuant to the Council’s Invitation to Tender.
18
Insurances
The Supplier shall effect and maintain insurance necessary to cover their
liabilities under this Contract.
19
Format of Tenders
Those interested in tendering for this project should submit a tender
document comprising of:
o Form of Tender
o Evidence of experience including references of track record of similar type
projects
o Company details as per section 4 of Instructions to Tenderers
14
o Copies of Insurances: Public/Products Liability, Employers Liability etc
o Any additional information to support your tender submission
20
21
Offer and Acceptance of Contract (Above threshold Contracts only)
20.1
Prior to the expiry of the tender validity period as defined in Clause 7
Derry City & Strabane District Council will send to the successful
tenderer a letter of provisional acceptance of tender. This letter will
make clear that the execution of the contract will be subject to a
minimum mandatory standstill period of 10 calendar days, from the day
after the date of letter of provisional acceptance.
20.2
At the same time, Derry City & Strabane District Council will notify each
unsuccessful tenderer.
20.3
At the end of the standstill period, unless Derry City & Strabane District
Council notifies the successful tenderer that there has been judicial
interruption in the form of an order by the court of competent
jurisdiction that the execution and/or implementation of the contract
should be suspended pending a full hearing of the matter by a court of
competent jurisdiction, Derry City & Strabane District Council will
execute the contract documentation.
20.4
If judicial interruption takes place Derry City & Strabane District Council
will execute the contract documentation only following the conclusion
of the Court proceedings (including any appeals) in favour of Derry City
& Strabane District Council. If the Court proceedings are concluded
against Derry City & Strabane District Council, no contract shall be
entered into or executed.
2010 Bribery Act
The Supplier shall:
21.1
comply with all applicable laws, statutes, regulations, and codes relating
to anti-bribery and anti-corruption including but not limited to the
Bribery Act 2010 (Relevant Requirements);
21.2
not engage in any activity, practice or conduct which would constitute
an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such
activity, practice or conduct had been carried out in the UK;
15
22
21.3
have and shall maintain in place throughout the term of this agreement
its own policies and procedures, including but not limited to adequate
procedures under the Bribery Act 2010, to ensure compliance with the
Relevant Requirements and clause 1.1(b), and will enforce them where
appropriate;
21.4
promptly report to the Council any request or demand for any undue
financial or other advantage of any kind received by the Supplier in
connection with the performance of this agreement;
21.5
immediately notify the Council (in writing) if a foreign public official
becomes an officer or employee of the Supplier or acquires a direct or
indirect interest in the Supplier (and the Supplier warrants that it has no
foreign public officials as officers, employees or direct or indirect
owners at the date of this agreement);
21.6
within 3 months of the date of award of this contract, and annually
thereafter, certify to the Council in writing signed by an officer of the
Supplier, compliance with this clause 1 of the Bribery Act 2010 by the
Supplier and all persons associated with it under clause 1.2 of the
Bribery Act 2010. The Supplier shall provide such supporting evidence
of compliance as the Council may reasonably request.
Any supplier may be disqualified who:
22.1
is bankrupt or is being wound up, whose affairs are being administered
by the court, who has entered into an arrangement with creditors or
who is in any analogous situation arising from a similar procedure
under national laws and regulations;
22.2
is the subject of proceeding for a declaration of bankruptcy, for an
order of compulsory winding-up or administration by the court or for
an arrangement with creditors or is the subject of any other similar
proceedings under national laws or regulations;
22.3
has been convicted of an offence concerning his professional conduct
by a judgement which as the force or res judicata;
22.4
has been guilty of grave professional misconduct proven by any means
which the contracting authorities can justify;
16
23
22.5
has not fulfilled obligations relating to the payment of social security
contributions in accordance with the legal provisions of the country in
which he is established or those of the country of the contracting
authority;
22.6
has not fulfilled obligations relating to the payment of taxes in
accordance with the legal provisions of the country in which he is
established or those of the country of the contracting authority;
22.7
is guilty of serious misrepresentations in supplying the information
required under the provisions of the Directive on the criteria for
qualitative selection.
Child Protection
The Contractor shall at all times comply with Derry City Council’s Policy and
Procedures for the Protection of Children and Vulnerable Adults and
contractors and sub-contractors will ensure that:

Their staff have a clear commitment to abide by the Policy and
Procedures for the Protection of Children and Vulnerable Adults
when carrying out their work.

Their staff are subject to appropriate employment checks when
carrying out work in Council facilities or in relation to Council
activities where they may come into contact with children or
vulnerable adults, e.g. leisure facilities, museums, events and
festivals.

Failure to comply with any part of this Clause will be deemed a
Breach of the Contract.
17
Part 5
Lead Consultant
Practice Information
18
This part of the tender document is to be completed by the Lead Consultant only.
5.1
Contact details
Practice
Address
Postcode
Tel no.
Fax no.
Email
Website
5.2
Status and formation/registration
Please indicate practice/company status (tick as appropriate)
Sole trader
Private Ltd/Company
Public Ltd/Company
Partnership
Government body
Other (please specify)
Formation/registration.
Formation / Registration
Date
Company Registration No
19
5.3
Partners/Directors; staff and main contact details
Provide details of all partners/directors and key personnel in the practice and their
qualifications/professional membership/experience relevant to this brief. Please also
indicate who will be directly involved in this project at the various stages.
Name
Qualifications/professional
memberships/
relevant experience
Length of
service
Direct
involvement
in this project
Please provide details of number and type of staff
Type of staff
Number currently employed
Please name a sole point of contact within your company who will be responsible for
this project.
Name
Address
Postcode
Position
Tel no.
Mobile
Email
20
5.5 Financial Details
Who is the person responsible for financial matters in your practice?
Name
Address
Postcode
Position
Tel no.
Mobile
Email
Please indicate the annual turnover for the practice for each of the last three financial
years.
Financial Year
Financial Year End Date
Total turnover
2014/15
2013/14
2012/13
5.6
Insurances
Please provide details of all insurances held by the practice. Photocopied evidence
should be supplied with your submission. Should the required levels of cover not be
in place, evidence that the required levels can be obtained should be provided.
Insurance type
Value
Expires
Professional Indemnity (Min £3m)
Public Liability (Minimum £10m)
Employers liability (Minimum £10m)
Specialist/Other
Provide details of any current or past insurance claims or litigation associated with
your practice in the last 5 years.
21
5.7
Health & Safety
Provide a copy of your Company’s current Health and Safety Policy and details of any
in-house or externally certified Health and Safety Management System operated by
the company including the person responsible and registration details.
System
Registration No
Date of Registration
Person Responsible
Address
Postcode
Position
Tel no.
Email
Provide details of any accidents/incidents reported by your organisation to the HSE
within the past five years.
Have any formal notices (improvements or prohibitions) or legal proceedings been
issued against your organisation by the HSE in the last five years, if so please provide
details?
22
5.8
Quality Management Systems
Provide details of any in-house or externally certified Quality Management System
operated by the company including person responsible and registration details.
System
Registration No
Date of Registration
Person Responsible
Address
Postcode
Position
Tel no.
Email
5.9
Fair Employment / Equal Opportunities
Does your company comply with or undertake to comply fully with legislation in
Northern Ireland on:
(a)
Fair Employment
YES
NO
Please enclose details of your firm’s policy and procedures in respect of Fair
Employment.
(b)
Equal Opportunities
YES
NO
Please enclose details of your firm’s policy and procedures in respect of Equal
Opportunities.
(c)
Section 75
YES
NO
Please enclose details of your firm’s policy and procedures in respect of Section 75.
23
5.10
Membership of Professional Bodies
Provide details of any Professional Bodies of which the Practice is a member.
Professional Body
Membership Details and Registration No
24
Part 6
Project Team Information
25
Instructions for completion
Tenders will be assessed in two stages.
Stage 1 - Experience and Expertise Assessment
Stage 1 of the assessment process will be an examination of the experience and
expertise of the Lead Consultant and Project Team. Scoring criteria is used with an
indicated total minimum score to be achieved by each of the Lead Consultant and
Project Team. Failure to meet the minimum score in any area results in the
tender package (quality/cost elements) not being scored and therefore the
submission is not considered further.
Relevant Experience & Expertise of Lead Consultant
Relevant Experience & Expertise of Project Team
Maximum
Achievable
Score
40
60
TOTAL 100 marks
Minimum total
Mandatory
Score
20
30
60 marks
Scores achieved at qualification stage (i.e. Stage 1) by those meeting the
minimum requirements are not considered further in the quality assessment.
Tenders that pass Stage 1 will then pass to Stage 2. The Stage 2 submission will be
assessed on the basis of both Quality (40%) and Cost (60%). The Quality assessment
will be based on the information provided in Section 6.2
The Lead Consultant should provide all information requested in 6.1.1 to 6.1.4
relating to their own individual experience and expertise, assemble a multidisciplinary
consultant project team and ensure each of the team members provides all relevant
information as requested in 6.1.5 to 6.1.9. The Lead Consultant is also required to
prepare a detailed methodology and project programme as requested in 6.2 (i.e. the
quality assessment).
All information must be supplied within the templates provided, Project Team
CVs/company profiles provided as supplementary information will not be
assessed.
It is the responsibility of the Lead Consultant to verify the professional and technical
ability of all consultant project team members involved. The Lead Consultant shall
ensure that Project Team members possess and meet at a minimum all relevant:
26







6.1.1
Standards of knowledge, ability, expertise and experience required to carry
out a project of this nature and complexity.
Qualifications and technical capacity requirements;
Personnel and staff resources with main point of contact identified;
Financial status;
Insurances;
Fair Employment/Equal Opportunities practices;
Health and Safety requirements.
Relevant Experience and Expertise of Lead Consultant
40%
The Lead Consultant should provide details of three technical and economic
feasibility projects undertaken within the last 5 years for which they have acted as
Lead Consultant providing services of a similar complexity and/or nature to those
required for this project.
Please note that this section is about the experience of the individual that will
lead the project and not the practice.
6.1.2 Project Summary Sheets
Project Summary Sheets should be provided on a maximum of two A4 pages, (font
size 12, single spaced) and should include the following information;







Project Name
Client Name & contact details (who may be approached for a
reference)
Value of commission
Practice Involvement
Project Description
Key Practice staff involved
Was study recommendation adopted by Client
27
6.1.3 Experience and Expertise
Drawing on experience gained in the examples provided above the Lead Consultant
should provide evidence of their individual experience in the following areas, by
completing the template below.
Practice Name:
Name of Lead Consultant:
Professional Qualifications:
Employment History:
Experience in:
1. Providing Lead Consultant services on technical and economic
feasibility studies of a similar nature and scale to that required for Zero
Waste Strategy Project. Higher marks will be given to those consultants
with previous experience in leading a previous Zero Waste Strategies.
(weighting 6)
2. Experience in client/stakeholder engagement as part of the economic
and business feasibility development process.
(weighting 2)
3. The Lead Consultant must outline their ability to provide an ongoing
interface with Derry City & Strabane District Council at a local level,
respond to short notice requests for client meetings/consultation and
outline the management of the project on a day to day basis.
(weighting 2)
30 marks
10 marks
10 marks
6.1.4 Resources, Workloads & Capability to Deliver
Please provide evidence of the company’s personnel resources and IT resources
including current workload and the capability to deliver this project.
(weighting 2)
10 marks
Total % = (Total Marks/60)*40
28
6.1.5 Relevant Experience and Expertise of Project Team
60%
The Lead Consultant shall assemble, co-ordinate and lead a multidisciplinary team of
Specialist Consultants.
The team personnel listed under 6.1.8 must remain unchanged throughout the
project. If a request is made by the Lead Consultant to change any particular team
member, the Lead Consultant must be able to demonstrate the equivalence of the
proposed team member in terms of qualifications, experience and expertise to the
satisfaction of DCC.
6.1.6 Project Team Structure
A proposed Project Consultant Team structure should be submitted which clearly
identifies and details the duties and responsibilities of key persons and lines of
communication across all disciplines within the project team.
(weighting 1)
5 marks
6.1.7 Project Summary Sheets
The Lead Consultant shall ensure that each member of the project team provides
details of three projects undertaken within the last 5 years of a similar complexity
and/or nature to those required for this project for which the members have
provided services.
Project summary sheets should be provided on a maximum of two A4 pages (font
size 12, single spacing) and should include the following information;






Project Name
Client Name & contact details (who may be approached for a
reference)
Practice Involvement
Project Description (incl floor area)
Estimated project value
Key Practice staff involved
29
6.1.8 Experience and Expertise
Drawing on experience gained in the examples provided above key project members
within each discipline should provide evidence of their experience in the relevant
sections of the template below.
Only complete where relevant to each discipline.
Project Team Discipline:
Name of Company/Practice:
Name of Key Person:
Professional Qualifications:
Employment History:
Experience in:
1. Providing economic feasibility services for projects of a similar nature and
complexity to those planned for this project. Higher marks will be given to
those consultants with previous experience in similar type projects.
(weighting 5)
To be completed by business/economic consultant
25 marks
2. Outline ability to provide an ongoing interface with Derry City and Strabane
District Council and rest of project consultant team during and respond to
short notice requests for client meetings/consultation.
(weighting 3)
To be completed by All Disciplines
15 marks
6.1.9 Resources
Please provide evidence of the company’s staff and IT resources including current
workload and the capability to deliver this project.
To be completed by All Disciplines (weighting 3)
15 marks
Total % = 60
30
The Stage 1 Experience & Expertise Submission must be enclosed in a separate
envelope marked ‘Zero Waste Strategy – Stage 1 Experience & Expertise
Submission’. The Experience & Expertise Submission envelope must be
contained within the overall tender envelope/package.
31
6.2
Stage 2 - Quality Assessment 40%
To be completed by Lead Consultant only, having collated input from other
consultants, as necessary.
6.2.1 Methodology 30%
Please provide a detailed methodology for the delivery of the project outlining how
the team proposes to manage and carry the project forward making specific
reference to the following:
Methodology
Understanding of the brief (weighting 1)
Marks
available
5
Establishing key stakeholders and consulting with same (weighting 1)
5
Identify key technical challenges of the commission, with specific
reference to crematoria facilities (weighting 2)
Identify key economic challenges of the commission (weighting 2)
10
Outline overall project methodology including specific reference to:
(i) methodology for the delivery of technical aspect of the
commission, with specific reference to zero waste strategies
(weighting 6)
(ii) methodology for the delivery of economic aspect of the
commission, (weighting 6)
Total Available Marks =
60
10
90
Total % Quality Score= (Total Marks/90)*30
Any additional work which the Team considers necessary for the completion of the
project should be highlighted within the above methodology and cost for same
included within the Fee Proposal in Part 7 (see Table 1 – Part 7)
6.2.2 Programme 10% (weighting 2)
Please provide a detailed project programme outlining the various stages in the
technical & economic design and appraisal processes and key milestones for the
delivery of the commission:
The Stage 2 Quality Submission must be enclosed in a separate envelope marked ‘Zero
Waste Study – Stage 2 Quality Submission’. The Quality Submission envelope must be
contained within the overall tender envelope/package.
32
Fee Proposal
Form of Agreement
Form of Tender
33
7.1
Fee Proposal
Derry City and Strabane District Council wishes to appoint a consultancy to
investigate the technical and economic feasibility of developing a circular
economy / zero waste for use strategy within the Derry City and Strabane
District Council area.
Tenderers are requested to provide a fee proposal to undertake the works as outlined
in Table 1.
The fee proposal should be expressed as a lump sum for completion of the works.
The fee proposals for each project team member are to be stand alone fees without
any link between each member, Derry City and Strabane District Council will make the
initial and any subsequent appointment subject to the availability of funding.
The fee proposals for each element of the project (as broken down in Tabl1 of
Section 7) are to be stand alone fees without any link between each element, Derry
City and Strabane District Council will make the initial and any subsequent
appointment for each element of the fee proposal subject to the availability of
funding.
Any omissions or gaps in this brief should be identified and priced as necessary by
the Consultant in their tender submission.
In addition to the lump sum fee, tenderers are required to insert hourly rates
into a table of notional hours for the various grades of staff within each
consultants team firm. These hourly costs are then totalled and combined with
the design lump sum fee and this combined cost will be used for the cost
analysis element of the tender only. The actual contract will be awarded on the
design lump sum fee only, or part thereof, as explained above. Hourly rates for
staff within the project consultant team will remain fixed for the duration of the
complete project.
7.2
Standard Agreement for the Appointment of Lead Consultant
The Lead Consultant will be engaged, subject to funding, under the NEC Professional
Services form of contract, including the full range of services set out in this tender
document.
34
7.3 Form of Tender
‘Production of a costed Circular Economy / Zero Waste strategy’
To: Derry City and Strabane District Council, Council Offices, 98 Strand Road, Derry
BT48 7NN
Members:
Having examined all documentation bound in this Invitation Document as listed in
the Table of Contents. I/we undertake to provide the above-mentioned services in
conformity with this tender for the following prices: -
35
Table 1 – Fee Lump Sums
Technical and Economic Feasibility Study for Circular Economy / Zero Waste Strategy within Derry City and Strabane District Council Area – Lump Sum Fee
(Inclusive of all Expenses)
Technical Appraisal and RIBA Stage C
Specialist Discipline
Design of Project
Compilation of and Contribution to
‘Green Book’ Economic Appraisal of Project
(inclusive of Stage A/B Services)
Lead Consultant
Economic/business Consultant
Other/Additional Services
(provide details if cost assigned here)
...........................................................
Fee for Copyright and Intellectual Rights remaining with Derry City and Strabane District Council as outlined in the
Instruction to Tenderers =
Total Lump Sum Fee
(Excluding VAT) =
36
Lump Sum Sub-Totals
Table 2 – Tender Assessment Fee Sum
Table of hourly rates for key staff
Discipline & Grade of Staff
Hourly rate
No. of Hours
£............
10
£............
£............
£............
5
10
5
Sum
Lead Consultant
Lead Consultant
Economic/Business Consultant
Director/Partner/ Principal
Senior Economist
Junior Economist
Tender Assessment Fee =
SUMMARY of FEE
Table 1 –Lump Sum Fee & Additional Costs
=
Table 2 – Assessment Fee Sum
=
________________
Total Tender Fee
=
I/we agree that all prices contained in the above table will be fixed for the duration of
each project phase.
I/we understand that you are not bound to accept the lowest or any tender.
Signed: ………………………………………………………………………………..
For or on Behalf of: ………………………………………………………………….
Address: ……………………………………………………………………………….
Position in Company: ……………………..……… Date: ………………………...
37
Evaluation and Award Criteria
38
8.0
Evaluation and Award Criteria
Tenders will be assessed in two stages.
8.1
Stage 1 – Experience and Expertise Assessment (Pass/Fail)
Stage 1 of the assessment process will be an examination of the experience and
expertise of the Lead Consultant and Project Consultant Team. Scoring criteria is used
with an indicated total minimum score to be achieved by the Lead Consultant, and
the Project Consultant Team. Failure to meet the minimum score in any area
results in the tender package (quality/cost elements) not being scored and
therefore the submission is not considered further.
Relevant Experience and Expertise of Lead Consultant
Relevant Experience and Expertise of Project Team
TOTAL
8.2
Maximum
Achievable
Score
40
60
Minimum total
Mandatory
Score
20
30
100 marks
60 marks
Stage 2 - Quality Assessment 70%
Tenders that pass Stage 1 will then pass to Stage 2. The Stage 2 submission be
assessed on the basis of both Quality (40%) and Cost (60%). The Quality assessment
will be based on the information provided in Part 6.2 set against the following criteria:
Methodology 30%
Programme 10%
Submissions that do not contain all the information requested in this document may
not be assessed.
Unless otherwise stated, the Quality information requested will be evaluated based
on the below table. Total score will be determined by multiplying score
provided (from 0 – 5) by the weighting as detailed.
Band
5
4
3
2
1
0
Comments
Fully detailed evidence provided, very minor concerns on detail, relevance or
complexity
Detailed evidence provided, some concerns on detail, relevance or complexity
Reasonable evidence provided, lacking in detail, relevance or complexity
Limited evidence provided, significant concerns on detail, relevance or
complexity
Little or no evidence provided, very significant concerns on detail, relevance or
complexity
Failed to submit details or to address question
39
8.3
Cost Assessment
The price scoring mechanism set out below will be used in order to convert the total
overall price into a score.
Tenderer’s Price score =
Lowest Tender Assessment Total Price
x 60%
Tenderer’s Tender Assessment Total Price
(All calculations will be carried to two decimal places).
EXAMPLE - Five tenders received with the following prices
Tenderer (T)
Price
1
£ 2,225,125
2
£ 2,375,500
3
£ 2,450,625
4
£ 2,760,225
5
£ 2,915,125
[Adjust price to suit particular project]
Tender prices converted to a score out of 100
Tenderer (T)
Score
1
60.00
2
56.20
3
54.48
4
48.37
5
45.80
The Stage 2 Fee Submission must be enclosed in a separate envelope marked
‘Crematorium Study, Derry – Stage 2 Fee Submission’. The Fee Submission
envelope must be contained within the overall tender envelope/package.
40
Terms & Conditions / Proposed Contract
Sample Contract Aug
2013.docx
Terms and
Conditions.docx
41
Form of Assurance
Health and Safety at Work (Northern Ireland) Order 1978
The Contractor’s attention is drawn to the provision of the above Order, which
became law on 1 May 1979, and in particular to Clause 4 of the Order “General
Duties of Employers to their Employees”.
I undertake in the event of my tender being accepted to carryout these works with
due regard to the provisions of the Health and Safety at Work (Northern Ireland)
Order 1978 and all attendant Regulations made there under.
Site staff shall be adequately trained, instructed and supervised to ensure so far as
is reasonably practicable the Health and Safety of all persons who may be affected
by the works under this Contract.
All plant, equipment and vehicles for use under this Contract shall, where statutorily
required, be tested and examinations will be submitted to the city Engineer before
any item of plant is brought into use under the Contract.
Before commencing work I will prepare a written policy on the Health and Safety of
any employee engaged in this work together with written organisational
arrangements for carrying out the policy, including particular arrangements for the
health and safety of employees required to enter manholes and culverts.
Signed: ___________________________________________________________
On behalf of:
____________________________________________________
____________________________________________________
____________________________________________________
Date: _____________________________________________________________
(signed copy to be returned with Tender Submission)
42
Collusive Tendering Certificate
We certify that this is a bona fide tender and that we have not fixed or
adjusted the amount of the tender by or under or in accordance with any agreement
or arrangement with any other person. We also certify that we have not done and we
undertake that we will not do at any time before the hour and date specified for the
return of this tender, any of the following acts:
1.
Communicating to a person other than the person calling for those
tenders, the amount or approximate amount of the proposed tender,
except where the disclosure, in confidence, of the approximate amount
of the tender was necessary to obtain insurance premium quotations
required for the preparation of tender.
2.
Entering into any agreement or arrangement with any other person that
he shall refrain from tendering or as to the amount of any tender to be
submitted.
3.
Offering or paying or giving or agreeing to pay or give any sum of
money or valuable consideration, directly or indirectly to any person for
doing or having done or causing or having caused to be done, in
relation to any other tender or proposed tender for the said work, any
act or thing of the sort described above.
In this certificate the word “person” included any persons and anybody or
association, corporation or unincorporated and “any agreement or arrangement”
included any such transaction, formal or informal and whether legally binding or not.
Signed: ___________________________________________________________
On behalf of:
____________________________________________________
____________________________________________________
____________________________________________________
Date:
_____________________
(signed copy to be returned with Tender Submission)
43
Declaration of Commitment to Promoting Equality of Opportunity and Good
Relations
1.
Preamble
1.1
Under Section 75 of the Northern Ireland Act 1998 Derry City &
Strabane District Council must have due regard to the need to promote
equality of opportunity:




Between persons of different religious belief, political opinion, racial
group, age, marital status or sexual orientation;
Between men and women generally;
Between persons with a disability and persons without;
Between persons with dependants and persons without.
1.2
In addition the Council must also have regard to the desirability of
promoting good relations between persons of different religious belief,
political opinion or racial group.
1.3
The Council is committed to fulfilling these obligations and is keen to
not only to ensure that suppliers of goods and services, contractors
undertaking work on behalf of the Council, and groups who receive
support from the Council do not act in any way that would contravene
the Council’s statutory equality duties but also that they help promote
equality of opportunity and good relations within their own area of work
and organisation.
1.4
It is therefore a condition of any offer of grant aid / support or contract
for goods or services that the Chief Executive, Managing Director or
other authorised person signs, on behalf of their organisation, the
declaration below. This declaration will confirm that the organisation is
committed to promoting equality of opportunity and good relations and
will not act in any way that will undermine the Council’s commitment to
fulfil its statutory obligations.
1.5
The Council will not enter into any contract or provide support /
grant aid to any organisation which does not sign the Declaration
of Commitment to the Promotion of Equality of Opportunity and
Good Relations.
44
Declaration of Commitment to the Promotion of Equality of Opportunity and
Good Relations
We (insert name of organisation): ___________________________________
Recognise Derry City & Strabane District Council’s duty to have due regard to the
need to promote equality of opportunity:




Between persons of different religious belief, political opinion, racial group,
age marital status or sexual orientation;
Between men and women generally;
Between persons with a disability and persons without
Between persons with dependants and persons without,
and to have regard to the desirability of promoting good relations between persons of
different religious belief, political opinion or racial group.
We undertake not to act in any way that would contravene the Council’s
statutory obligations and are committed to promoting good relations and
equality of opportunity in all our activities (including in the recruitment,
promotion and training of all our staff).
Signed by:
______________________________
Signature
_____________________________
Name in block letters
Position in Organisation: ________________________________________
Date: _________________________________________________________
On behalf of: __________________________________________________
(name of organisation)
Address:
___________________________________________________
___________________________________________________
(signed copy to be returned with Tender Submission)
45
Fair Employment Declaration
Fair Employment and Treatment (Northern Ireland) Order 1998
1.
Article 64 of the Fair Employment and Treatment (NI) Order 1998 (“the
Order”) provided inter alia that a public authority shall not accept an offer to
execute any work or supply any goods or services where the offer is made by
an unqualified person in response to an invitation by the public authority to
submit offers. Article 64 also provides that the public authority shall take all
such steps as are reasonable to secure that no work is executed or goods or
services supplied for the purposes of such contracts as are mentioned above
by an unqualified person.
2.
An unqualified person is either an employer who, having been in default if the
circumstances specified in Article 62(1) of the Order, has been served with a
notice by the Fair Employment Commission stating that he is not qualified for
the purposes of Articles 64-66 of the Order or an employer who, by reason of
connection with an employer on whom has been served a notice to that effect,
has also been served with such a notice.
3.
Mindful of its obligations under the Order, DERRY CITY & STRABANE
DISTRICT COUNCIL has decided that it shall be a condition of tendering that
a contractor shall not be an unqualified person for the purposes of Articles 6466 of the Order.
4.
Contractors are, therefore, asked to complete and return the attached
Declaration/Undertaking, with their quotation/tender, to confirm that they are
not unqualified persons and to undertake that no work shall be executed or
goods or services supplied by an unqualified person for the purposes of any
contract with a Council to which Article 64 of the Order applies.
-----------------------------------------------------------------------------------------------------I/We ______________________________________ hereby declare that I am/we
are not an unqualified person for the purposes of the Fair Employment and
Treatment (Northern Ireland) Order 1998. I/We undertake that no work shall be
executed or good or services supplied by any unqualified person for the purposes of
any contract with the DERRY CITY & STRABANE DISTRICT COUNCIL to which
Section 64 of the Order applies.
Signed by:
_______________________________________________
Duly authorised to sign _______________________________________________
for and on behalf of:
Dated:
________________________________________________
(signed copy to be returned with Tender Submission)
46
Prompt Payment Certificate
DERRY CITY & STRABANE DISTRICT COUNCIL
‘Tender for Production of a costed Circular Economy / Zero Waste
Strategy T ENV15-19’
(NOTE: THIS CERTIFICATE FORMS PART OF THE TENDER & CONTRACT)
Having examined the provisions of the Council’s Standard Terms (available upon
request) and Conditions of Contract designed to ensure the prompt payment of subcontractors we certify that:1.
Any sub-contract entered into by us (the contractor) shall provide for timely
payment of the sub-contractor on terms complying with the requirements of
the Employer as set out in Council’s Standard Terms and the Conditions of
Contract.
2.
We understand that failure by us to comply with Section 1 above and/or failure
to act in accordance with the provisions for prompt payment of subcontractors/suppliers found within Council’s Standard Terms and the
Conditions of Contract will be taken into account as provided by the Public
Contracts Regulations 2006 when considering future tendering opportunities
for our Company or any future Company which may be formed by us.
3.
We understand that Derry City & Strabane District Council may survey subcontractors or suppliers to confirm their satisfaction with payment timescales.
Dated this …………………………. day of ……………………… 20…..
Signature ……………………………………. In capacity of ………………………….
Duly authorised to sign tenders and certify acceptance of the provisions of the
Prompt Payment Certificate for and on behalf of:..…………………………………………………………………………
Post Address …………………………………………………..………………………
..…………………………………………………………………………
Fax No: ………………………………… Telephone No. …..…………………………
(signed copy to be returned with Tender Submission)
47
Statement Relating To Good Standing
Statement Relating To Good Standing — Grounds For Obligatory Exclusion
(Ineligibility) and Criteria for Rejection of Candidates in accordance with the
Public Contracts Regulations 2015
Tender Ref:
We confirm that, to the best of our knowledge, the Organisation named below is not
in breach of the provisions of the Public Contracts Regulations 2015, as amended,
and, in particular, that:
Grounds for mandatory rejection (ineligibility)
The Organisation (or its directors or any other person who has powers of
representation, decision or control of the named organisation) has not been
convicted of any of the following offences as set out in The Public Contracts
Regulations 2015 as may be amended from time to time:
(a)
conspiracy within the meaning of section 1 of the Criminal Law Act 1977
where that conspiracy relates to participation in a criminal organisation as
defined in Article 2(1) of Council Joint Action 98/733/JHA (as amended);
(b)
offences under the Bribery Act 2010 ;
(c)
fraud, where the offence relates to fraud affecting the financial interests of the
European Communities as defined by Article 1 of the Convention relating to
the protection of the financial interests of the European Union, within the
meaning of:
the offence of cheating the Revenue;
the offence of conspiracy to defraud;
fraud or theft within the meaning of the Theft Act 1968 and the Theft Act
1978;
(iv)
fraudulent trading within the meaning of section 458 of the Companies
Act 1985;
(v)
defrauding the Customs within the meaning of the Customs and Excise
Management Act 1979 and the Value Added Tax Act 1994;
(vi)
an offence in connection with taxation in the European Community
within the meaning of section 71 of the Criminal Justice Act 1993; or
(vii) destroying, defacing or concealing of documents or procuring the
extension of a valuable security within the meaning of section 20 of the
Theft Act 1968;
money laundering within the meaning of the Money Laundering Regulations
2003; or
(i)
(ii)
(iii)
(d)
(e)
any other offence within the meaning of Article 45(1) of the Public Sector
Directive.
Discretionary grounds for rejection
The Organisation (or its directors or any other person who has powers of
representation, decision or control of the named organisation) confirms that it:
(a)
being an individual is not bankrupt or has not had a receiving order or
administration order or bankruptcy restrictions order made against him or has
48
not made any composition or arrangement with or for the benefit of his
creditors or has not made any conveyance or assignment for the benefit of his
creditors or does not appear unable to pay or to have no reasonable prospect
of being able to pay, a debt within the meaning of section 268 of the
Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order
1989, or in Scotland has not granted a trust deed for creditors or become
otherwise apparently insolvent, or is not the subject of a petition presented for
sequestration of his estate, or is not the subject of any similar procedure under
the law of any other state;
(b)
being a partnership constituted under Scots law has not granted a trust deed
or become otherwise apparently insolvent, or is not the subject of a petition
presented for sequestration of its estate;
(c)
being a company or any other entity within the meaning of section 255 of the
Enterprise Act 2002 has not passed a resolution or is not the subject of an
order by the court for the company’s winding up otherwise than for the
purpose of bona fide reconstruction or amalgamation, nor had a receiver,
manager or administrator on behalf of a creditor appointed in respect of the
company’s business or any part thereof or is not the subject of similar
procedures under the law of any other state;
(d)
has not been convicted of a criminal offence relating to the conduct of his
business or profession;
(e)
has not committed an act of grave misconduct in the course of his business or
profession;
(f)
has fulfilled obligations relating to the payment of social security contributions
under the law of any part of the United Kingdom or of the relevant State in
which the organisation is established;
(g)
has fulfilled obligations relating to the payment of taxes under the law of any
part of the United Kingdom or of the relevant State in which the economic
operator is established;
(h)
is not guilty of serious misrepresentation in providing any information required
of him under this regulation;
(i)
in relation to procedures for the award of a public services contract, is licensed
in the relevant State in which he is established or is a member of an
organisation in that relevant State when the law of that relevant State prohibits
the provision of the services to be provided under the contract by a person
who is not so licensed or who is not such a member.
Signed by:
______________________________________________
Duly authorised to sign
for and on behalf of:
_______________________________________________
Dated:
_______________________________________________
(signed copy to be returned with Tender Submission)
49
Freedom of Information
Derry City & Strabane District Council is subject to the provisions of the
Freedom of Information Act 2000. Should any tenderer consider that any of the
information supplied by them is either commercially sensitive or confidential in
nature, this should be highlighted and the reasons for its sensitivity specified. In
such cases, the relevant material will, in response to FOI requests, be examined in
light of the exemptions provided for in the FOI Act.
Tenderers should be aware that the information provided in the completed
tender and contractual documents could be disclosed in response to a request under
the Freedom of Information Act. No information provided by Tenderers will be
accepted “in confidence” and Derry City & Strabane District Council accepts no
liability for loss as a result of any information disclosed in response to a request
under the Freedom of Information Act.
Derry City & Strabane District Council has no discretion whether or not to
disclose information in response to a request under the Freedom of Information Act,
unless an exemption applies. Disclosure decisions will be taken by appropriate
individuals in Derry City & Strabane District Council having due regard to the
exemptions available and the Public Interest. Tenderers are required to highlight
information that they include in the tender documents, which they consider to be
commercially sensitive or confidential in nature, and should state the precise
reasons, why that view is taken. In particular, issues concerning trade secrets and
commercial sensitivity should be highlighted. Tenderers are advised against
recording unnecessary information.
In accordance with the Lord Chancellors code of Practice on the discharge of
public functions, Derry City & Strabane District Council will not accept any
contractual term that purports to restrict the disclosure of information held by the
Council in respect of the contract or tender exercise save as permitted by the
Freedom of Information Act. The decision whether to disclose information rests
solely with Derry City & Strabane District Council.
Derry City & Strabane District Council will consult with tenderers, where it is
considered appropriate, in relation to the release of controversial information.
Tenderers will be notified by the council of any disclosure of information relating to
them.
50
Non-Submittal of Tender Form
FAO: Derry City & Strabane District Council Tender Review, Council Offices, 98
Strand Road, Derry BT48 7NN
Fax No:
Tender:
“Production of a costed Circular Economy / Zero Waste Strategy T
ENV15-19”
Supplier:
Our company is unable return a tender submission for this project for the following
reason:
Unable to submit price in timescale
Unable to complete work within required programme
Other (please specify below)
Signed:
________________________________
For or on Behalf of:
________________________________
Address:
________________________________
________________________________
Position in Company:
________________________________
Date:
_________________________________
51
Appendix
52