Pre Qualification Questionnaire (PQQ)
Through the Dual Stage Tender Procedure
for
[Insert Tender Title]
[Insert Tender Reference]
To Arrive No Later Than:
12 Noon on [Insert Return date]
Candidate Name
TO BE COMPLETED BY ALL CANDIDATES
1
Guidance Notes for Completion of Pre-Qualification Questionnaire (PQQ)
NOT EU TENDERS
***Note to Buyer*** – Please delete this note before issuing this PQQ to
suppliers.
This questionnaire contains a set of STANDARD questions which we anticipate
will be used by buyers in most procurement exercises. These contain guidance
to bidders detailing what should be included in their response. These questions
are both pass/fail and scored and weighted questions. It is the buyers
responsibility to ensure that the questions included in the PQQ are relevant and
proportionate to the contract. These questions include Criminal Convictions &
Business Probity, Economic and Financial Standing, Insurance etc.
-------------------------------------------------------------------This questionnaire also contains OPTIONAL questions. These contain guidance
to bidders detailing what should be included in their response. These questions
are both pass/fail and scored and weighted questions. It is the buyers
responsibility to ensure that the questions included in the PQQ are relevant and
proportionate to the contract. These OPTIONAL questions focus more on
specialised areas such as Health and Safety Procedures, Quality Management
Procedures and Environmental Management Procedures.
2
The provisions of this PQQ questionnaire will not be appropriate for all
procurements and will need to be tailored to suit your particular procurement
exercise.
This PQQ should be used to determine a shortlist of bidders out of those who
expressed an interest in your procurement exercise. Those bidders who are
successful at the pre-qualification stage will then be invited to tender (in the
restricted procedure) or invited to negotiate (negotiated procedure), or to
participate in dialogue (competitive dialogue procedure).
There are strict limits on the questions which can be included at the selection
stage. Bidders should only be asked for information which allows the contracting
authority to assess:

whether the supplier should or may be rejected for the reasons listed in
Regulation 58 (including fraud, bribery, and insolvency) of the Public
Contracts (Scotland) Regulations 2015;

the economic and financial standing of the bidder; and

the technical and professional ability of the bidder.
It is not permissible at the selection stage to ask how the bidder will approach the
particular requirement, or any questions about the bidder’s pricing. You should
only request information which is to be used as part of the selection process.
You should ensure that, wherever possible, the PQQ is constructed in such a way
that small and medium sized enterprises are not excluded, in terms of how
financial standing and capability are measured. For example, requiring a minimum
turnover, or a minimum number of years of audited accounts, may exclude some
potential suppliers. Is this justifiable in terms of the particular requirement?
Questionnaire Responses
Only information provided as a direct response to the questionnaire will be evaluated.
Potential bidders should respond to the questionnaire on the basis that the
contracting authority has no prior knowledge of their organisation. Information and
detail which forms part of general company literature or promotional brochures etc.
will not form part of the evaluation process. Marketing material should not be
included.
Supplementary documentation may be attached to the questionnaire where bidders
have been directed to do so. Such material must be clearly marked with the name of
the organisation and the question to which it relates. Please note that the Authority
may require clarification of the answers provided or ask for additional information.
3
Bidders should be aware that erroneous or incorrect responses may result in their
removal from the tender list(s). In the event that this is only discovered once
invitations to tender have been issued, the bidder may be required to return the
tender documents which will be deemed void. In the case where the error or
misrepresentation is not discovered until after the contract is awarded, the Authority
reserves the right to terminate the contract and all costs incurred by us as a result of
the termination shall be recoverable from the provider under the contract.
Completed questionnaires must be submitted Via the online tender post box
submission facility contained within The Public Contracts Scotland Site (The National
Advertising Portal) http://www.publiccontractsscotland.gov.uk/
which allows the Council to receive tender responses from suppliers electronically in
a secure environment.
Tender responses are submitted through the portal and held in the secure Post box
until the deadline for responses has expired. Nominated members of the authority
then unlock the Post box to access the submissions.
Tenders by mail, email, fax or verbal will NOT be accepted
Submissions can be created, edited and submitted up to the stated tender deadline.
Questionnaires received by the Council after this date will not be considered
Once the deadline has passed submissions can not be created, edited or submitted.
It is not advisable for suppliers to wait until the last moment before creating and
dispatching a response in case of any last minute problems.
Electronic copies on must be compatible with MS Office / Excel.
Any questions relating to this document should be addressed though the Public
Contracts Scotland Advertising Portal http://www.publiccontractsscotland.gov.uk/
The Online Questions & Answers facility allows Candidates to submit queries online.
Clackmannanshire council manage and respond to clarifications online and circulate
questions and answers to all Candidates that register an interest. Rather than
handling queries via email or telephone, all questions can be submitted and
responded to online and stored along with other notice details for easy reference.
Potential candidates are advised that their responses may be reproduced and that no
further indication or request prior to publication will be made.
Only information provided as a direct response to the questionnaire will be evaluated.
Candidates should respond to the questionnaire on the basis that the Council has no
prior knowledge of their organisation. Information and detail which forms part of
general company literature or promotional brochures etc. will not form part of the
evaluation process. Marketing material should not be included.
4
The response should be submitted by an individual of the organisation, company or
partnership who has authority to answer on behalf of that organisation, company or
partnership.
If applying on behalf of a consortium, please list the names and addresses of all other
members of the consortium. Please note that the questionnaire will be evaluated on
the basis of the details supplied in the questionnaire and, if shortlisted, an Invitation to
Tender will be issued to the nominated lead organisation only. Contracts will normally
be entered into with the nominated lead organisation and all members of the
consortium, who will in these circumstances each be required to execute the contract
together with all ancillary documentation, evidencing their joint and several liability in
respect of the obligations and liabilities of the contract. It will be for members of the
consortium to sort out their respective duties and liabilities amongst each other. For
administrative purposes, any associated documentation will be sent to the nominated
lead organisation.
If a consortium is awarded this contract the members of the consortium will be
required to form a single legal entity before entering into, or as a term of the contract.
If sub-contractors are proposed to assist in the delivery of the service, please list the
business names and addresses.
In respect of an expression of interest which includes a consortium or subcontractors, it is the lead organisation that completes the entire questionnaire and, in
addition, arranges for each named organisation to complete the required parts and
attach them to the completed questionnaire.
OR
In respect of an expression of interest which includes a consortium or subcontractors, it is the lead organisation that completes the entire questionnaire.
However, we reserve the right to request further information in respect of the lead
organisation and/or partnering organisations should it be deemed necessary for
evaluation purposes.
Freedom of Information
The Freedom of Information (Scotland) Act 2002 designates Clackmannanshire
Council as a Scottish public authority and therefore subject to the provisions and
obligations in that Act. This means that any person who makes a valid request for
recorded information held by Clackmannanshire Council will be entitled to receive it,
unless all or part of that information can be withheld as a result of the exemptions in
that Act.
As part of our responsibility under the Act, Clackmannanshire Council may be
required to disclose any information held relating to your response to anyone who
makes a request under that Act. Such information may only be withheld if it meets
one or more of the exemptions or conditions in that Act. Information held cannot
simply be classified as “confidential" or "commercial in confidence" to enable it to be
protected from disclosure.
5
The 'Restricted - Commercial' header in these documents is part of
Clackmannanshire Council internal file protective marking system which provides
guidance for staff on the handling and storage of such documents, and is not an
indication that the information will be protected from disclosure in response to a valid
request.
The information supplied by the Council in connection with this tender must be treated
as confidential1, however it may be disclosed by the Council for the purpose of
obtaining quotations required for the preparation of the tender and for insurance
purposes.
Clackmannanshire Council may publish the names and contact details of companies
who have been issued with a Questionnaire on its website.
Information may also be requested under the Data Protection Act 1998 and the
Environmental Information (Scotland) Regulations 2004. The Environmental
Information Regulations provide parallel access to documents regarding
environmental information. All documents detailing environmental information are
automatically exempt from disclosure under the FOISA, but will instead be disclosed
under the EIR. These regulations contain different rules for ‘commercial interest’ and
‘confidentiality’ exemptions as well as other applicable exemptions.
COMPLETING THE QUESTIONNAIRE
If there are any questions which do not apply please mark them “N/A” with an
explanation where appropriate.
The successful candidate/s will be expected to comply with the Council’s policies
available on the Council’s website.
http://www.clacksweb.org.uk/site/documents/policies/
IMPORTANT NOTICE
This Prequalification Questionnaire (“PQQ”) is for use by candidate/s who are
interested in providing the goods services or works as per section as per the
Explanation of the requirement, their professional advisers and other parties
essential to preparing responses to the PQQ and for no other purpose.
The contents of this PQQ, and that of any other documentation sent to you in respect
of this tender process are provided on the basis that they remain the property of the
Council and must be treated as confidential. If you are unable or unwilling to comply
with this requirement you are required to destroy this PQQ and all associated
documents immediately and not to retain any electronic or paper copies.
This PQQ is made available in good faith. No warranty is given as to the accuracy or
completeness of the information contained in it and any liability for any inaccuracy or
incompleteness is therefore expressly disclaimed by the Council and its advisers.
1
Paragraph 43 of the PC(S)R 2012
6
The Council reserve the right to make revisions to this PQQ. No additional time in
relation to submission deadlines for the PQQ will be granted, following notification of
any such revision, unless the participants are expressly notified of any extension by
Clackmannanshire Council.
The Council reserves the right to reject PQQs which are not submitted in accordance
with the instructions given.
Please note:
The Council reserves the right to cancel the tender process at any point. The
Council is not liable for any costs resulting from any cancellation of this tender
process, nor for any other costs incurred by those tendering for this Contract.
In the event that proceedings are brought against Clackmannanshire Council
the Council reserve the right to suspend the contract until such time as the
proceedings are finally determined or to terminate the contract on immediate
written notice to the Service Provider without any penalty or damages due to
the Council.
Candidates are deemed to understand fully the processes that the Council is required
to follow under relevant European and UK legislation, particularly in relation to Public
Contracts (Scotland) Regulations 2015, Procurement (Scotland) Regulations 2016
and the Procurement Reform (Scotland) Act 2014. Where Concessions and Utilities
are required the Concession Contracts (Scotland) Regulations 2016 and the Utilities
Contracts (Scotland) Regulations 2016 may also apply.
In particular, candidates attention is drawn to the disclaimer at paragraph 2.1.2
of Appendix 2 of this PQQ.
7
Questionnaire
THIS MUST BE COMPLETED BY THE COUNCIL
1. Contract title
Application to be included on the tender list for
[Contract title, reference number]
2. Timetable
Return of questionnaire
[insert date]
(Questionnaires received by Clackmannanshire Council after this date may not be
considered)
Issue of Tender Documents
[insert date]
Return of Tender Documents
[insert date]
3. Explanation of the requirement
Clackmannanshire is Scotland in miniature
We may be the smallest mainland county in Scotland with magnificent scenery, a
turbulent history and welcoming people but we have some big ambitions. We aim to
deliver the best services possible to the 49,000 people we serve. We aim to be
innovative and to work in partnership with other organisations to achieve our goals.
We've already achieved a lot - our work with economic development partners has
already led to some dramatic transformations in the area. And while the industries
that the area once relied on have declined in recent years, new business
accommodation is attracting a growing numbers of new firms. Clackmannanshire's
central location and ever improving transport links mean that Edinburgh, Glasgow,
Perth and Stirling are in easy reach.
There's a lot going on here, and a lot of opportunities we're determined to realise. It
will be a lot of hard work, but we know that the rewards will be worth it. We're
committed to realising our area's potential and to delivering all we can to the people of
Clackmannanshire. If you share our vision, you could be part of the next chapter of
our success story.
Brief description of scope of project
8
(including any minimum standards bidders are required to meet to progress through
the selection stage)
Details of contract duration including options to extend]
4. Contact details
[Include, name, address, telephone, fax number and e-mail address]
Authority name
Address
Clackmannanshire Council
Post code
Telephone number
E-mail address
Any questions relating to this document should be addressed to the above contact via
the Public Contracts Scotland Advertising Portal
http://www.publiccontractsscotland.gov.uk/
9
PQQ STANDARD QUESTIONS
Section 1 – Background Information Questions (for information purposes only)
Part A - Bidders Details - seeks background information about the bidder; this section
is not normally evaluated, however the Authority may choose not to take forward
bidders that cannot provide basic company information.
Part B – Consortia and Subcontracting
Section 2 - Pass/Fail Questions
Part C - Questions relating to Criminal Convictions and Business Probity (mandatory
exclusions)
Part D – Questions relating to Criminal Convictions and Business Probity
(discretionary exclusions)
Part E – Non UK Businesses
Part F – Information Regarding Economic/Financial Standing
Part G – Insurance
Part H – Conflict of Interest
Section 3 – Scored and Weighted Question
Part I - Technical or Professional Capability
5.
Candidate Selection and Evaluation Methodology
As part of the tender process, candidates will be required to pass a selection process
to ensure that they are suitably experienced to carry out the proposed works or
services under the contract. Candidates PQQ submissions will be evaluated on the
basis set out at below. Candidates who fail to pass the selection criteria will excluded
from further participation in the process.
Where Section 3 (Scored and Weighted) is used Candidates responses that meet the
requirements in Section 2 (Pass Fail) will be evaluated in accordance with the
scoring matrix and will be allocated a score on the basis of the weightings set out.
Candidates overall scores will be used as the basis for determining the candidates
are to be invited to tender.
A minimum of [four]/[five] candidates will be invited to tender. The Council may in its
absolute discretion invite more than the minimum number of candidates to tender2.
Where more than [four]/[five] candidates meet the above requirements, the
candidates with the top [four]/[five] scores will be invited to tender3.
2
You may only exercise discretion to include further candidates above the minimum where it is sufficient to ensure genuine competition
(PC(S)R para 16(10)).
10
Section 1- Background Information Questions (for information purposes only)
Part A – Bidders Details – (For Information purposes Only)
1.
[BD
Organisation
Name]
2.
All personal information supplied will be treated as confidential
and will be subject to the Data protection Act 1998
Name of Organisation
(Organisation either
tendering or acting as lead
contact where a consortium
bid is being submitted)
Address line 1
[BD
Address 1]
3.
Address line 2
[BD
Address 2]
4.
Town/City
[BD
Town/City]
5.
Region
[BD Region]
6.
Postcode
[BD
Postcode]
7.
[BD Contact]
8.
[BD
Telephone]
9.
[BD Email]
10.
[BD Website]
11.
Contact name for enquiries
Telephone number
(including dialling code)
Email address
Website address
(if applicable)
Registered Office Address
Line 1
{BD Reg
3
If more candidates than the minimum meet the standard, the grounds for limiting those invited to tender must be objective and non
discriminatory and specified in the contract notice (PC(S)R para 16(9)). For OJEU procurements the minimum number is 5.
11
Address 1]
12.
[BD Reg
Address 2]
13.
Registered Office Address
Line 2
Registered Office Town/City
[BD Reg
Town]
14.
Registered Office Region
[BD Reg
Region]
15.
Registered Office Postcode
[BD Reg
Postcode]
16.
Organisation Legal Status
Sole Trader
[BD Legal
Status]
Private Limited Company
Public Limited Company
Partnership
Other
17.
[BD Other]
18.
[BD VAT]
19.
[BD DUN]
20.
[BD Comp
No]
21.
[BD Parent]
22.
If you have answered ‘other’
to the [BD Legal Status]
question please provide
details here.
VAT registration number (or
alternative EU registration
number)
Dun and Bradstreet
(D.U.N.S) number, if known,
of registered office
Please provide your
company or charity
registration number.
Name of parent company (if
applicable)
Name of ultimate parent
company (if applicable)
[BD Ultimate
Parent]
12
Part B – Consortia and Subcontracting – (For information Purposes Only)
23.
[Consub]
Please select how you intend to bid
for this requirement from the
following options
a) Your organisation is
bidding to provide the entire
requirement itself
b) Your organisation is
bidding in the role of Prime
Contractor and intends to use
subcontractors to provide some
of the requirement
c) The organisation is
bidding as the lead member of
a consortium
24.
[Sup chain]
If your answer to question [Consub]
was either option (b) or (c) please
indicate (by attaching as an annex),
the composition and governance of
the supply chain, indicating which
member of the supply chain will be
responsible for the elements of the
requirement.
13
Section 2 – Pass/Fail Minimum Standard Questions
Part C – Criminal Convictions and Business Probity – Mandatory Exclusions –
(Pass/Fail Questions)
Criminal Convictions and Business Probity - Mandatory Exclusions
Your PQQ response will be rejected if you answer "Yes" to any of the
questions.
following
Failure to disclose information relevant to this section or misrepresentation in relation
to the information disclosed will result in your exclusion from this procurement
process or the termination of any subsequent contract that may be awarded to you.
Regulation 58 of Public Contracts (Scotland) Regulations 2015 sets out mandatory and
discretionary grounds on which a bidder may be deemed ineligible to tender.
The Council has a duty to ensure that public money is being spent with bidders that
not in criminal activities such as fraud, which are not bankrupt or insolvent and have
met their responsibilities in term social security contributions.
Failure to provide the information requested in this section may result in exclusion
from further consideration.
Clackmannanshire Council will seek to verify and validate the information provided
and will work with the Police, the Scottish Crime & Drug Enforcement Agency and any
other body deemed appropriate in order to verify and validate the information
provided.
Where misrepresentation of any type is discovered the supplier and their proposal will
be excluded from any further consideration.
All contracts comprising an element of security industry service provision including
sub contracts require those providing the service to be registered with the security
industry authority's (SIA) approved contractor scheme for the category of service
being provided. http://www.scotland.gov.uk/Resource/Doc/116601/0095263.pdf
Candidates expressing an interest in this contract do not need to be registered with the
scheme in order to bid but must be registered at time of award.
Additional terms and conditions apply as per annex B of the above linked document
Please indicate if your organisation or its directors or any other person(s) having
powers of representation, decision or control of your organisation been convicted of
any of the following offences:
25.
[CCBP
Conspiracy]
The common law offence of conspiracy where that
conspiracy relates to participation in a criminal
organisation as defined in Article 2 of Council
Framework Decision 2008//841/JHA) or an offence
under sections 28 or 30 of the Criminal Justice and
Licensing (Scotland) Act 2010?
14
Yes
No
26.
[CCBP
Corruption]
27.
[CCBP
Bribery]
28.
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 as defined in
Article 3 of the Council Act of 26th May 1997 and
Article 3 (1) of the Council Joint Action 98/742/JHA;
Yes
Bribery or corruption within the meaning of sections
68 and 69 of the Criminal Justice (Scotland) Act 2003
where the offence relates to active corruption, or
bribery within the meaning of sections 1 or 6 of the
Bribery Act 2010;
Yes
The common law offence of incitement to commit a
crime;
Yes
[CCBP
Incitement]
29.
[CCBP Fraud]
30.
[CCBP Mon]
No
No
No
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
Communities, within the meaning of –
- the offence of cheating the Revenue;
- the common law offence of fraud;
- the common law offence of theft or fraud;
- fraudulent trading within the meaning of section 458
of the Companies Act 1985 or section 993 of the
Companies Act 2006;
- fraudulent evasion within the meaning of section 170
of the Customs and Excise Management Act 1979 or
section 72 of the Value Added Tax Act 1994;
- an offence in connection with taxation in the
European Union within the meaning of section 71 of
the Criminal Justice Act 1993;
- the common law offence of uttering;
or
- the common law of attempting to pervert the course
of justice
Money laundering within the meaning of section
340(11) of the Proceeds of Crime Act 2002 or the
Money Laundering Regulations 2007, or an offence in
connection with proceeds of drug trafficking within the
meaning of sections 49, 50 or 51 of the Drug
Trafficking Act 1994; or
15
Yes
No
Yes
No
31.
[CCBP Other]
Any other offence within the meaning of Article 45(1)
of the Public Sector Directive as defined by the
national law of any relevant state
Yes
No
Part D – Criminal Convictions and Business Probity – Discretionary Exclusions
– (Pass/Fail Questions)
Criminal Convictions and Business Probity - Discretionary Exclusions
Your PQQ response may be rejected if you answer "Yes" to any of the
following questions.
Failure to disclose information relevant to this section may result in your
exclusion from this competition or the termination of any contract that may be
awarded to you.
Please indicate if your organisation or its directors or any other person(s)
having powers or representation, decision or control of your organisation has
been convicted of any of the following offences:
32.
[CCBP Debt]
Yes
Are you an individual in respect of whom a debt relief
order has been made or is bankrupt or has had a
receiving order or administration order or bankruptcy
restriction order or a debt relief restriction order made
against them or has made any composition or
arrangement with or for the benefit of creditors or has
made any conveyance or assignment for the benefit
of creditors or appears 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(d), or article 242 of the Insolvency (Northern
Ireland) Order 1989(e), or in Scotland has granted a
trust deed for creditors or become otherwise
apparently insolvent, or is the subject of a petition
presented for sequestration of your estate, or is the
subject of any similar procedure under the law of any
other state?
33.
[CCBP Insol]
No
Yes
Are you a partnership constituted under Scots law
that has been granted a trust deed or become
otherwise apparently insolvent, or the subject of a
petition presented for sequestration of your estate?
16
No
34.
[CCBP
Order]
35.
[CCBP Crim]
36.
[CCBP
Miscon]
37.
[CCBP Sol]
38.
[CCBP Tax]
39.
[CCBP
Misrep]
40.
Are you a company or any other entity within the
meaning of section 255 of the Enterprise Act 2002(f)
which has passed a resolution or is 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, or has 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 the subject of the
above procedures or is the subject of similar
procedures under the law of any other state?
Yes
Has the organisation been convicted of a criminal
offence relating to the conduct of its business or
profession?
Yes
Has the organisation committed an act of grave
misconduct in the course of its business or
profession?
Yes
Has the organisation failed to fulfil 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 it is established?
Yes
Has the organisation failed to fulfil obligations relating
to the payment of taxes under the law of any part of
the United Kingdom or of the relevant State in which it
is established?
Yes
Is the organisation guilty of serious misrepresentation
in providing any information referred to in this
procurement exercise or has not provided such
information in response to a request by the
contracting authority?
Yes
No
No
No
No
No
No
Has your organisation ever compiled, used, sold or
supplied a prohibited list which:
[CCBP BL1]
Yes
(a) Contains details of persons who are or have been
members of trade unions or persons who are taking
part in the activities of trade unions, and
(b) Is compiled with a view to being used by
employers or employment agencies for the purposes
of discrimination in relation to the treatment of
workers
Within the meaning of the Employment Relations Act
of 1999 (Blacklists) Regulations 2010?
17
No
41.
Has your organisation ever refused a person
employment:
[CCBP BL2]
Yes
No
(a) Because he is, or is not a member of a trade
union, or
(b) Because he is unwilling to accept a requirement
(i) to take steps to become or cease to be, or to
remain or not to become, a member of a trade union,
or
(ii) to make payments or suffer deductions in the
event of his/her not being a member of a trade union
Within the meaning of Section 137 of the Trade Union
and Labour Relations (Consolidation) Act 1992?
42.
[CCBP BL3]
43.
[CCBP
Discret]
Has your organisation breached the Data Protection
Act 1998 or been served with an enforcement notice
in relation to unlawfully processing personal data in
connection with any blacklisting activities.
Yes
No
If you have answered "Yes" to any of the above
discretionary exclusion questions then please provide
as an annex, a statement of any remedial action you
have taken.
Guidance
The Authority is entitled to exclude bidder(s) that
cannot demonstrate to its satisfaction that appropriate
remedial action has been taken to prevent future
occurrences/breaches
Part E – For Completion by Non-UK Businesses Only – (Pass/Fail Questions)
44.
[Non-UK
Reg]
45.
[Non-UK
Serv]
Is your business registered with the appropriate trade
or professional register in the EU member state
where it is under the conditions laid down by that
member state.
For Service Contracts Only:
Yes
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?
No
18
No
Yes
46.
[Non-UK
Comp]
If you have answered ‘yes’ to question [Non UK Serv],
please provide details of what the requirement is in
your member state and confirm that you comply with
the requirement.
Part F
– Information Regarding Economic/Financial Standing – (Pass/Fail
Questions)
47.
[EFS
Accounts 1]
Your financial accounts and supporting information should be in
English and in UK Sterling. If the original documents are not in
English, please provide copies of the originals and a certified
translation into English. If the sums in the accounts are not expressed
in UK Sterling then copies of the original accounts, shall be provided
together with a UK Sterling rate equivalent copy utilising the pound
buys exchange rate applicable on the date of issue of the PQQ.
Please provide as an annex one
of the following:
a. A copy of your audited
accounts or equivalent for the
most recent two years, along with
details of any significant changes
since the last year end.
Or
b. A statement of your
organisation’s turnover; profit and
cash flow for the most recent full
year of trading or where a full
year of trading has not been
completed the same information
for the period applicable. NOTE if
this information is not available in
an audited format please provide
an end of period balance sheet or
make the response specified in
option (c) below.
Or
c. If you are unable to provide the
information requested above,
please provide additional
information and documentation
that will give the Authority the
assurance that you are capable
of carrying out any subsequent
19
48.
[EFS
Accounts 2]
49.
[EFS
Additional]
awarded contract. For example, a
statement of your organisation’s
cash flow forecast for the current
year and a letter from your bank
outlining the current cash and
credit position or other alternative
means of demonstrating financial
standing.
If you have a second set of
accounts available please attach
them as an annex.
Please attach as an annex, any
additional information you would
like to provide, regarding the
economic/financial standing of
your organisation. For example
provide a statement explaining
why the organisation was not in
net profit after tax in either of the
reported financial years.
Bidder Guidance
In the event that analysis of your
financial position determines that
additional measures are
necessary in order to provide
adequate assurance of your
financial strength, you may or
may not be required to provide
either a parent company
guarantee or a bank guarantee.
50.
[EFS
Consort]
Where a consortium is proposed,
one of the responses described in
(a) through to (c) in question
[EFS Accounts 1 ] is also
required for each member of the
consortium. Please provide this
relevant information for each
consortium member as an annex
to this document.
Guidance
If you are not bidding as part of a
consortium then please skip this
question.
20
Part G – Insurance – (Pass/Fail Question)
**Buyer Guidance** Please edit the note below and save before issuing your
PQQ. The insurance types below are provided as examples only and may not
all be applicable to your procurement exercise. You should edit and delete as
appropriate.
** BUYER** PLEASE DELETE THIS NOTE BEFORE ISSUING THE PQQ.
It is a requirement of this contract that bidders hold the levels of insurance indicated
below:
Employer’s (Compulsory) Liability Insurance = £5 Million
Public Liability Insurance = £2 Million
Professional Indemnity Insurance = £x
Product Liability Insurance = £2 Million ( where appropriate)
* It is a legal requirement that all companies hold Employer’s (Compulsory)
Liability Insurance of £5 million as a minimum, except under certain
circumstances - See guidance below.
Please confirm below whether you already have or can commit to obtain, prior to the
commencement of the contract, the levels of insurance cover indicated. Bidders that
do not have, or cannot commit to obtain, the required levels of insurance may be
excluded from further participation in this procurement exercise.
21
*Bidders Guidance – You need employers’ liability insurance unless you are exempt
from Employers Liability (Compulsory Insurance) Act. The following employers are
exempt*
- companies employing only their owner where that employee also owns 50% or more
of the issued share capital in the company;
- family businesses, i.e. if all of your employees are closely related to you (as
husband, wife, civil partner, father, mother, grandfather, stepfather, stepmother, son,
daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother or half-sister). However, this exemption does not apply to family businesses
which are incorporated as limited companies;
- most public organisations including government departments and agencies, local
authorities, police authorities and nationalised industries;
- health service bodies, including National Health Service trusts, health authorities,
primary care trusts and Scottish health boards;
- some other organisations which are financed through public funds, such as
passenger transport executives and magistrates’ courts committees.
*Further exemptions from the need to have employers’ liability insurance are listed at
section 3(1)(a) and section 3(1)(b) of the Employers’ Liability (Compulsory Insurance)
Act 1969, and schedule 2 to the 1998 Regulations.
Further information on Employers’ Liability Insurance can be obtained from the Health
and Safety Executive’s brief guide for employers found using the following link:
http://www.hse.gov.uk/pubns/hse40.pdf
51.
[Ins Emply –
Lia]
Employer’s
(Compulsory) Liability
Insurance
Yes, I already have this
No, but I commit to obtain it
No, and I cannot commit to obtain it
52.
Not applicable – my business is
exempt
Yes, I already have this
Professional Indemnity
Insurance
[Ins Prof Lia]
No, but I commit to obtain it
No, and I cannot commit to obtain it
22
53.
Public Liability
Insurance
Yes, I already have this
[Ins Pub Lia]
No, but I commit to obtain it
No, and I cannot commit to obtain it
54.
Product Liability
Insurance
Yes, I already have this
[Ins Pro Lia]
No, but I commit to obtain it
No, and I cannot commit to obtain it
Part H Conflict of Interest – (Pass/Fail Question)
55.
[COI
Conflicts]
56.
[COI Details]
Are you aware of any
actual or potential
conflicts of interest
between the Authority
and the bidder either
during this
procurement exercise
or, should your bid be
successful, in the
delivery of the
contract?
Yes
No
If the answer to
question [COI
Conflicts] is ‘yes’,
please provide details
and explain how you
intend to manage, or
where possible avoid,
any such conflicts.
23
Section 3 – Scored and Weighted Section
Part I – Technical or Professional Capability
Bidders are required to provide evidence of having the necessary capacity and
capability to deliver the requirement.
In order to ensure that newer or start-up companies have a chance to demonstrate any
experience relevant to the current requirement, examples may be provided from:



Within their organisation (bidders may rely on the experience of personnel that
they intend to use to carry out the current requirement, even if that experience
was gained whilst working for a different organisation)
Other consortium members (where a consortium bid is being proposed)
Named sub-contractors (where sub-contractors are being used and their identity
is known at PQQ stage)
Bidders should be aware that they may be asked to confirm at the Invitation to Tender
stage that there has been no material change to the skills, experience and resources
available to them since submitting their PQQ.
Please provide 2 relevant examples.
57.
Please download and complete
the attached template provided
here and attach as an annex.
Question
Weighting
[Tech Exp]
Use the template to provide up
to 2 examples that demonstrate
to the Authority experience that
is relevant to this procurement
exercise. Your examples must
be from within the last 3 years
for goods and services and
within the last 5 years for
works contracts.
Please attach your response as
an annex. Your response should
be no more than 2 pages of A4.
NOTE: If you are unable to
provide any examples you
MUST still complete part of this
template and attach your
response as an annex,
explaining why you cannot
provide examples.
24
Technical Experience
Template V1.0.doc
58.
[Tech
Confirm]
If available, please provide
copies of completion certificates
or customers’ written declaration
which validate the examples you
have provided in response to
question [Tech Exp].
Question
Weighting
Guidance
Buyers should not score this
question or mark you down if
you cannot provide certificates
or customer declarations.
However, if you cannot provide
either the Authority may choose
to contact customers cited
directly in order to validate the
experience examples you have
provided without any further
reference to you.
59.
[Tech Skills]
Please provide a statement of
the relevant professional and
technical skills available within
your organisation; or where
applicable, consortium members
and/or named sub-contractors in
relation to this procurement
exercise.
Guidance
The buyer will use the
information you provide to
evaluate whether your
organisation; consortium
members and/or named subcontractors have the relevant
professional and technical skills
required for this procurement
exercise.
25
Question
Weighting
60.
[Tech
Resources]
Please provide a statement of
the relevant technical resources
such as the tools, plant, facilities
and technical equipment
available to your organisation, or
where applicable, consortium
members and/or named subcontractors in relation in relation
to this procurement exercise.
Guidance
The buyer will use the
information you provide to
evaluate whether your
organisation; consortium
members and/or named subcontractors have the relevant
technical resources for this
procurement exercise.
26
Question
Weighting
PQQ OPTIONAL QUESTIONS
Section 1 – Optional Pass/Fail Questions
Part OA – Equal Opportunities (Optional Section)
Part OB - Environmental Management Legislation (Optional Section)
Part OC - Health and Safety Legislation (Optional Section)
Part OD - Contract Termination (Optional Section)
Section 2 – Optional Scored and Weighted Questions (the buyer must consider
whether these questions are relevant and proportionate to their procurement
exercise)
Part OE - Business Continuity and Disaster Recovery (Optional Section)
Part OF - Quality Management (Optional Section)
Part OG – Environmental Management Procedures (optional Section)
Part OH – Health and Safety Procedures (Optional Section)
Part OI - Construction: H&S policy and capability – CDM co-ordinators and designers
(Optional Section)
Part OJ – Social Care (Optional Section)
Part OK – IT Goods and Services (Optional Section)
27
Section 1 – Optional Pass/Fail Questions
** Buyer Guidance**Please delete this note before issuing this PQQ**
Note to Buyers:- The following section of the PQQ Questionnaire is provided
as OPTIONAL pass/fail questions, and must only be used where they are
relevant to your procurement exercise.




Equal Opportunities (Optional Questions)
Environmental Management Legislation (Optional Questions)
Health and Safety Legislation (Optional Questions)
Contract Termination (Optional Questions)
Part OA – Equal Opportunities (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
For organisations working outside of the UK these questions relate to equivalent
legislation in the country that the organisation is located.
1.
[EO Discrim]
2.
[EO Discrim
Rem]
In the last three years, has any finding of unlawful
discrimination been made against your
organisation by an Employment Tribunal, an
Employment Appeal Tribunal or any other court
(or in comparable proceedings in jurisdiction other
than the UK)?
If you have answered “yes” to the question [EO
Discrim], please provide, as an annex, a
summary of the findings or judgement and explain
what action you have taken to prevent similar
unlawful discrimination from reoccurring.
Guidance
The Authority will exclude bidder(s) that have
been found to have unlawfully discriminated in the
last 3 years unless the bidder(s) can demonstrate
to the Authority’s satisfaction that appropriate
remedial action has been taken to prevent similar
unlawful discrimination reoccurring.
28
Yes
No
3.
[EO
Complaint]
4.
[EO
Complaint
Rem]
In the last three years, has your organisation had
a complaint upheld following a formal
investigation by the Equality and Human Rights
Commission or its predecessors (or a comparable
body in jurisdiction other than the UK), on
grounds or alleged unlawful discrimination?
If you answered “yes” to the question [EO
Complaint], please provide as an annex, a
summary of the nature of the investigation and an
explanation of the outcome (so far) of the
investigation.
If the investigation upheld the complaint against
your organisation, provide as an annex, an
explanation of what action (if any) you have
taken to prevent unlawful discrimination from
reoccurring.
Guidance
The Authority will exclude bidder(s) that have had
a complaint upheld following an investigation
unless the bidder(s) can demonstrate to the
Authority’s satisfaction that appropriate remedial
action has been taken to prevent similar unlawful
discrimination reoccurring.
29
Yes
No
Part OB – Environmental Management Legislation (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
5.
[EML
Breach]
6.
[EML Rem]
Has your organisation been convicted of breaching
environmental legislation, or had any notice served
upon it, in the last three years by any
environmental regulator or authority (including local
authority)?
Yes
No
If your answer to question [EML Breach] is “Yes”
provide details in an annex of the
conviction or notice and details of any remedial
action or changes you have made as a result of
conviction or notices served.
Guidance
The Authority will not select bidder(s) that have
been prosecuted or served notice under
environmental legislation in the last 3 years, unless
the Authority is satisfied that appropriate remedial
action has been taken to prevent future
occurrences/breaches.
Part OC – Health and Safety Legislation (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
7.
Has your organisation or any of its Directors or
Yes
Executive
Officers
been
in
receipt
of
[HSL
enforcement/remedial orders in relation to the
No
Breach]
Health and Safety Executive (or equivalent body)
in the last 3 years?
8.
If your answer to question [HSL Breach] was “Yes”
provide details as an annex of any
[HSL Rem] enforcement/remedial orders served and give
details of any remedial action or changes to
procedures you have made as a result.
Guidance
The Authority will exclude bidder(s) that have been
in receipt of enforcement/remedial action orders
unless the bidder(s) can demonstrate to the
Authority’s satisfaction that appropriate remedial
action has been taken to prevent future
occurrences/ breaches.
30
Part OD – Contract Termination (Optional Questions)
The Authority will not select bidder(s) that cannot demonstrate to its satisfaction that
appropriate remedial action has been taken to prevent future occurrences.
9.
(CT)
10.
(CT
Consort)
11.
(CT
Rem)
Have you, either as a supplier or in the supply chain,
been involved in the provisions of any contract in the
last 3 years for goods and services and 5 years for
works, where the contract has been termination or
payment has been withheld because your
performance was not satisfactory.
Yes
If applicable, has any member of your consortium
been involved in the provision of any contract in the
last 3 years for goods and services and 5 years for
works, where a contract has been terminated or
payment has been withheld because your
performance was not satisfactory.
Yes
If you have answered “yes” to either question (CT) or
(CT Consort) please provide details regarding the
circumstances of the termination and details of any
remedial action that was carried out as a result of the
termination.
Yes
Guidance
The Authority will not
select bidder(s) that cannot demonstrate to its
satisfaction that appropriate remedial action has been
taken to prevent future occurrences.
Where a consortium bid is proposed this information
should be provided for any consortium member(s) to
whom it applies.
31
No
No
No
Section 2 – Optional Scored and Weighted Sections
** Buyer Guidance**Please delete this note before issuing this PQQ**
Note to Buyers:- The following section of the PQQ Questionnaire is provided
as OPTIONAL scored and weighted questions, and must only be used where
they are relevant to your procurement exercise.







Business Continuity and Disaster Recovery
Quality Management
Environmental Management
Health and Safety
Construction: H&S policy and capability – CDM co-ordinators and
designers
Social Care
IT Goods and Services
32
Part OE – Business Continuity and Disaster Recovery (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
12.
[BCDR
Description
Describe your arrangements to
ensure business continuity and
to enable disaster recovery,
including their scope,
validation, risk treatment and
leadership in these areas. This
information should be attached
as an annex.
Question
Weighting
Guidance
You should demonstrate that
your organisation keeps copies
of documentation setting out
your business continuity and
disaster recovery procedures.
These should include the
arrangements for business
continuity and disaster recovery
throughout your organisation.
They should set out how the
organisation will carry out its
policy with a clear indication of
how the arrangements are
communicated to the
workforce.
13.
[BCDR
Supporting]
If applicable, please attach any
supporting evidence /
documents for the question
[BCDR Description]
33
Question
Weighting
Part OF – Quality Management (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
14.
[QM
Comms]
Explain how you manage communication
with your clients to ensure continued
delivery of a service or product that meets
their needs. You should be able to
demonstrate that your organisation
communicates with their clients e.g.
planned reviews, ad hoc meetings, and
processes for communicating actions on
a pro-active basis. This information
should be attached as an annex to this
document.
34
Question
Weighting
15.
Guidance
You have 2 ways of completing the
[QM
Certificate/ remainder of the Quality Management
Procedures sectionPolicy]
EITHER:
Option A) If your organisation holds
UKAS (or equivalent) accredited
independent third party certificate of
compliance in accordance with BS EN
ISO 9001 (or equivalent) please attach a
copy of your certificates or other
supporting information here.
Guidance
If you are able to attach a copy of your
organisation’s certification or other
supporting information against this
question then YOU ARE NOT
REQUIRED TO ANSWER ANY OF THE
REMAINING QUESTIONS IN THIS
SECTION. THE AUTHORITY SHOULD
AWARD YOU 100% OF THE
AVAILABLE MARKS AGAINST THIS
QUESTION AND ALL THE REMAINING
QUESTIONS IN THIS SECTION.
OR
Option B) If your organisation has a
documented policy regarding quality
management, please attach a copy here
and continue to answer the remainder of
the questions in this section.
Guidance
The policy should set out your
organisation responsibilities for
Quality Management. Demonstrating
that your organisation has and
continues to implement a quality
management policy that is authorised by
the Chief executive or equivalent and is
periodically reviewed at a senior
management level. The policy should be
relevant to the nature and scale of the
work to be undertaken and set out
responsibilities for Quality Management
throughout the organisation.
35
Question
Weighting
16.
[QM
Incidents
]
Please describe your organisation's
process for ensuring that your quality
management is effective in
reducing/preventing incidents of substandard delivery, this should include the
quality of output and general
performance.
Guidance
You should be able to provide copies of
your organisation’s documentation
procedures, that meet current agreed
good practice. These should include the
arrangements for Quality Management
throughout your organisation. They
should set out how organisation will carry
out its policy, with a clear indication of
how the arrangements are communicated
to the workforce.
IMPORTANT
If you have been able to attach a copy of
an independent third party certificate of
compliance as described in question [QM
Certificate/Policy] – Option A above, then
YOU ARE NOT REQUIRED TO
ANSWER THIS QUESTION.
36
Question
Weighting
17.
[QM
Training]
Please describe your organisation's
arrangements for providing your
workforce with quality related training and
information appropriate to the type of
work for which your organisation is likely
to bid.
Guidance
You should be able to demonstrate that
your organisation has in place and
implements training arrangements to
ensure that its workforce has sufficient
skills and understanding to discharge
their various responsibilities. These
should include a programme of training
that will keep the workforce up to date
with required knowledge about quality
related issues, including copies of job
profiles; training manuals and records.
IMPORTANT
If you have been able to attach a copy of
an independent third party certificate of
compliance as described in question [QM
Certificate/Policy] Option A above, then
YOU ARE NOT REQUIRED TO
ANSWER THIS QUESTION.
37
Question
Weighting
18.
[QM
Reviewin
g]
Please describe your organisation's
procedures for periodically reviewing,
correcting and improving quality
performance.
Guidance
You must be able to demonstrate that
your organisation has a system for
monitoring quality management
procedures on an on-going basis. Your
organisation should be able to provide
evidence of systematic, periodic review
and improvement of quality in respect of
output and general performance.
IMPORTANT
If you have been able to attach a copy of
an independent third party certificate of
compliance as described in the [QM
Certificate/Policy] Option A above, then
YOU ARE NOT REQUIRED TO
ANSWER THIS QUESTION.
38
Question
Weighting
19.
Please describe your organisation's
arrangements for ensuring that your own
[QM
suppliers apply quality management
Suppliers measures that are appropriate to the work
]
for which they are being engaged.
Guidance
You must be able to demonstrate that
your organisation has arrangements for
monitoring supplier’s quality management
measures and ensuring that quality
performance appropriate for the work to
be undertaken is delivered throughout the
whole of your organisation’s supply chain.
IMPORTANT
If you have been able to attach a copy of
an independent third party certificate of
compliance as described in question [QM
Certificate/Policy] Option A above, then
YOU ARE NOT REQUIRED TO
ANSWER THIS QUESTION.
39
Question
Weighting
20.
How does your organisation deal with
complaints?
[QM
Complain Guidance
ts]
You should provide details, as an annex,
of how your organisation maintains
records of any complaints received and
how corrective measures are carried out
to prevent reoccurrence.
IMPORTANT
If you have been able to attach a copy of
an independent third party certificate of
compliance as described in the [QM
Certificate/Policy] Option A above, then
YOU ARE NOT REQUIRED TO
ANSWER THIS QUESTION.
40
Question
Weighting
Part OG – Environmental Management Procedures (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
21.
You have 2 ways of completing the remainder
Question
of the Environmental Procedures
Weighting
[EMP
Management section Certificat
e/Policy] EITHER:
Option A) If your organisation holds a UKAS
(or equivalent) accredited independent third
party certificate of compliance with BS EN
ISO 14001 (or equivalent) or a valid EMAS
(or equivalent) certificate, please attach a
copy of your certificates or other supporting
information here.
Guidance
If you are able to attach a copy of your
organisation’s certification or other supporting
information against this question then YOU
ARE NOT REQUIRED TO ANSWER ANY OF
THE REMAINING QUESTIONS IN THE
ENVIRONMENTAL MANAGEMENT
PROCEDURES SECTION. THE
AUTHORITY SHOULD AWARD YOU 100%
OF THE AVAILABLE MARKS AGAINST
THIS QUESTION AND ALL REMAINING
QUESTIONS IN THIS SECTION.
OR,
Option B) If you have a documented policy
and organisation for the management of
environmental issues please attach a copy
and continue to answer the remainder of the
questions in this section.
Guidance
You should provide evidence that you or your
organisation has an environmental
management policy authorised by the Chief
Executive, or equivalent, and regularly
reviewed. The policy should be relevant to the
nature and scale of the work and set out the
responsibilities for environmental
management throughout the organisation.
41
22.
[EMP
Emerg
Respons
e
Please describe your organisation’s
environmental emergency response
procedures.
Question
Weighting
Guidance
You should describe the preparedness and
response procedures for potential accidents
and emergency situations that give rise to
significant environmental impacts (for
example hazardous substances spill control).
IMPORTANT
23.
[EMP
Impact]
If you have been able to attach a copy of an
independent third party certificate of
compliance as described in the [EMP
Certificate/Policy] - Option A above, then
YOU ARE NOT REQUIRED TO ANSWER
THIS QUESTION.
Please describe your organisation's
arrangements for ensuring that your
environmental management procedures are
effective in reducing/ preventing significant
impacts on the environment.
Guidance
You should provide evidence that your
organisation’s environmental policy
implementation plan provides information as
to how the organisation aims to discharge
relevant legal responsibilities and provides
clear indication of how these arrangements
are communicated to the workforce, in
relation to environmental matters including:
sustainable materials procurement; waste
management; energy management.
This should include the arrangements for
responding to, monitoring and recording
environmental incidents and emergencies
and complaints.
IMPORTANT
If you have been able to attach a copy of an
independent third party certificate of
compliance as described in the [EMP
Certificate/Policy] Option A above, then YOU
ARE NOT REQUIRED TO ANSWER THIS
QUESTION.
42
Question
Weighting
24.
[EMP
Training]
Please describe your organisation's
arrangements for providing employees with
training and information on environmental
issues.
Question
Weighting
Guidance
You should demonstrate that your
organisation has in place and implements,
training arrangements to ensure that its
workforce has sufficient skills and
understanding to carry out their various
duties. This should include a programme of
refresher training that will keep the workforce
updated on relevant legal requirements and
good environmental management practice.
IMPORTANT
If you have been able to attach a copy of an
independent third party certificate of
compliance as described in the [EMP
Certificate/Policy] - Option A above, then
YOU ARE NOT REQUIRED TO ANSWER
THIS QUESTION.
25.
[EMP
Review]
Please describe how your organisation
checks, reviews and where necessary
improves your environmental management
performance and the environmental impact of
your organisation.
Guidance
You should demonstrate that your
organisation has a system for monitoring
environmental management procedures on
an on-going basis and for updating them at
periodic intervals. You should give details of
the procedures in place to access and deal
with environmental risks.
IMPORTANT
If you have been able to attach a copy of an
independent third party certificate of
compliance as described in the [EMP
Certificate/Policy] - Option A above, then
YOU ARE NOT REQUIRED TO ANSWER
THIS QUESTION.
43
Question
Weighting
26.
[EMP
Waste]
What procedures do you use to ensure that
waste is minimised and managed effectively?
Question
Weighting
Guidance
You should give details of your procedures for
dealing with waste (e.g. waste management
plans, waste segregation, recycling etc.).
IMPORTANT
If you have been able to attach a copy of an
independent third party certificate of
compliance as described in the [EMP
Certificate/Policy] - Option A above, then
YOU ARE NOT REQUIRED TO ANSWER
THIS QUESTION.
27.
Please provide details of your organisation's
arrangements for ensuring that any suppliers
you engage apply environmental protection
[EMP
measures that are appropriate to the work for
Suppliers which they are being engaged.
]
Guidance
You should describe your organisation’s
procedures for monitoring supplier’s
environmental management arrangements
and ensuring that environmental performance
appropriate for the work to be undertaken is
delivered throughout the whole of your
organisations supply chain.
IMPORTANT
If you have been able to attach a copy of an
independent third party certificate of
compliance as described in the [EMP
Certificate/Policy] - Option A above, then
YOU ARE NOT REQUIRED TO ANSWER
THIS QUESTION.
44
Question
Weighting
Part OH – Health and Safety Procedures (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
28.
[HSP
Stand/
Policy]
You have 2 ways of completing the
remainder of the Health and Safety
Procedures section:Either:
Option A) If your organisation
holds a UKAS (or equivalent),
accredited independent third party
certificate of compliance in
accordance with BS OHSAS
18001 (or equivalent) or if you
have, within the last 12 months,
successfully met the assessment
requirements of a constructionrelated scheme in registered
membership of the Safety
Schemes in Procurement (SSIP)
forum, then please attach a copy of
your certificate or other supporting
information here.
Guidance
If you are able to attach a copy of
your organisation’s certification or
other supporting information
against this question then YOU
ARE NOT REQUIRED TO
ANSWER ANY OF THE
REMAINING QUESTIONS IN
THIS SECTION. THE AUTHORITY
SHOULD AWARD YOU 100% OF
THE AVAILABLE MARKS
AGAINST THIS QUESTION AND
ALL THE REMAINING
QUESTIONS ON THIS SECTION.
OR,
45
Question
Weighting
Option B) If you have a policy for
Health and Safety (H&S)
management please attach a copy
and continue to answer the
remainder of the questions in this
section.
Guidance
Organisations with less than five
employees are not required by law
to have a documented policy
statement. The need to reduce
documentary requirements on
micro businesses in particular will
be taken into account by buyers
and the evaluation panel. Your
policy should provide evidence that
your organisation has a H&S policy
that is endorsed by the chief
executive officer and that it is
regularly reviewed. The policy
should be relevant to the nature
and scale of the work and set out
responsibilities for H&S
management at all levels within the
organisation.
Your policy should be relevant to
the nature and scale of your
operations and set out your
company’s responsibilities of
health and safety management
and compliance with legislation.
46
29.
[HSP
Prev]
Please describe your
organisation’s arrangements for
ensuring that your H&S measures
are effective in reducing/preventing
incidents, occupational ill-health
and accidents.
Question
Weighting
Guidance
You should provide details of the
arrangements for H&S
management that are relevant to
the nature and scales of the
requirement.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate /Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
30.
[HSP
Advice]
Please describe how your
organisation obtains access to
competent Health and Safety
advice and assistance.
Guidance
You should provide evidence of
how your organisation obtains
access to competent Health and
Safety advice.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
47
Question
Weighting
31.
[HSP
Train]
Please describe your
organisation’s arrangements and
processes for providing your
workforce with training and
information appropriate to the type
of work of which your organisation
is likely to bid.
You should provide evidence that
your organisation has in place and
implements, training arrangements
to ensure that its workforce has
sufficient skills and understanding
to discharge the various duties.
You should provide details of staff
health and safety training
arrangements and how relevant
information is communicated to
your staff. This should also include
a description of your arrangements
for keeping the workforce updated
on legislation and good H&S
practice applicable throughout the
organisation.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
48
Question
Weighting
32.
[HSP
Qual]
Please describe what H&S or other
relevant qualifications and
experience your workforce has, in
order to implement your H&S
policy to a standard appropriate
the work for which your
organisation is likely to bid.
Guidance
You should demonstrate that your
workforce possesses suitable
qualifications and experience for
the tasks assigned to them, unless
there are specific situations where
they need to work under controlled
and competent supervision e.g.
trainees.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
49
Question
Weighting
33.
[HSP
Review]
Please describe your
organisation’s arrangements for
checking, reviewing and where
necessary, improving your H&S
performance.
Question
Weighting
Guidance
You should demonstrate that your
organisation has in place, and
implements, a system of
monitoring H&S procedures on an
ongoing basis and for periodically
reviewing and updating that
system as necessary.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
34.
[HSP
Plan]
Please describe your
organisation’s arrangements for
involving your workforce in the
planning and implementation of
H&S measures.
Guidance
You should demonstrate that your
organisation has in place, and
implements, a means of consulting
its workforce on H&S matters and
show how workforce comments,
including complaints, are taken into
account.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
50
Question
Weighting
35.
[HSP
Accid]
Please describe your
organisation’s procedures for
recording accidents/incidents and
undertaking follow-up action.
Guidance
Please provide access to records
of accident rates and frequency for
all RIDDOR reportable events for
at least the last 3 years.
Demonstrate that you have in
place a system for reviewing
significant incidents, and recording
action taken as a result including
action taken in response to
enforcement.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
51
Question
Weighting
36.
[HSP
Supl]
Please describe your
organisation’s arrangements for
ensuring that your suppliers apply
H&S measures to a standard
appropriate to the work for which
they are being engaged.
Guidance
You should demonstrate that your
organisation has, and implements,
arrangements for monitoring
suppliers’ H&S procedures, and for
ensuring that H&S performance
appropriate for the work
undertaken is delivered throughout
the whole of your organisation’s
supply chain.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
52
Question
Weighting
37.
[HSP
Assess]
Please describe your
organisation’s arrangements for
for carrying out risk assessments
capable of supporting safe
methods of work and reliable
contract delivery where necessary.
Guidance
You should demonstrate that your
organisation has in place, and
implements, procedures for
carrying out risk assessments and
for developing and implementing
safe systems of work (“method
statements”), and be able to
provide relevant indicative
examples. The identification and
control of any significant
occupational health issues should
be prominent.
Organisations with five or fewer
employees are not required by law
to record risk assessments.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
53
Question
Weighting
38.
[HSP
Safe]
Please describe your
organisation’s arrangements for
co-operating and co-ordinating
your work with other suppliers.
Guidance
You should provide an explanation
of how co-operation and coordinating of the work is achieved
in practice, and how other
organisations are involved in
drawing up method
statements/safe systems of work
etc. including arrangements for
response to emergency situations.
This should include details of how
comments and input from your
suppliers will be taken into account
and how external comments
including any complaints, will be
responded to.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
54
Question
Weighting
39.
[HSP
Welfare]
FOR CONSTRUCTION/WORKS
CONTRACTS ONLY
Please describe your
organisation’s arrangements for
ensuring that on-site welfare
provision meets legal requirements
and the needs/expectations of your
employees?
Guidance
You should demonstrate that
suitable welfare facilities will be in
place before starting work on site,
whether provided by site specific
arrangements or your own
organisational measures.
IMPORTANT
If you have been able to attach a
copy of an independent third party
certificate of compliance as
described in the [HSP Stand
Certificate/Policy] Option A above,
then YOU ARE NOT REQUIRED
TO ANSWER THIS QUESTION.
55
Question
Weighting
Part OI – Construction: H&S policy and capability – CDM co-ordinators and
designers (Optional Questions)
** Buyer Guidance** - Buyers should only use this section if it is relevant to the
subject matter of the contract. Should this section be relevant the buyer must decide
whether they ask all the questions in this section.
40.
[Con
Design]
If you are a designer, do you have
and implement arrangements for
meeting your duties under
regulation 11 of Construction
(Design and Management)
Regulations 2007 (CDM2007)?
If not a designer, please enter ‘not
applicable’ in the evidence
reference column and ignore
question [Con Design Evid].
If entering a response to this
question as a designer you WILL
need to provide evidence in
response to the following question.
However, it will not be necessary to
answer the remaining questions in
this section.
56
Yes
No
Not applicable
Question
Weighting
41.
[Con
Design
Evid]
If you have answered “yes” to
question [Con Design], please
provide as an annex evidence
showing how you:
Question
Weighting
- ensure co-operation and coordination of design work with the
design team and with other
designers/contractors;
- ensure that hazards are
eliminated and any remaining risk
controlled;
- ensure that any structure that will
be used as a workplace will meet
relevant requirements of the
workplace (Health, Safety and
Welfare) Regulations 1992;
- manage design changes.
Please provide examples showing
how risk was reduced through
design. Emphasis should be on
practical measures that reduce
particular risks arising from the
design, not on lengthy procedural
documentation highlighting generic
risks.
42.
[Con
CDM
Comms]
If you are a CDM Coordinator,
please demonstrate how you
encourage co-operation, coordination and communication
between designers (and any other
relevant parties).
Guidance
You should provide evidence in the
form of real examples rather than
by generic documents.
57
Question
Weighting
43.
[Con
CDM
Exp]
If you are a CDM Coordinator,
please provide evidence of your
field of knowledge and experience
in the design and construction
process.
Question
Weighting
Guidance
You should provide examples of
actual attainments which should
indicate competence as in the case
of:
- Professionally Qualified to
Chartered level (Chartered
membership of a recognised
construction-related institution);
- Membership of a relevant
construction institution, e.g. CIAT;
CIBSE; CIOB; ICE; IET; IMechE;
IStructE; RIBA; RICS.
44.
[Con
CDM
H&S]
If you are a CDM Coordinator,
please provide evidence of your
knowledge and experience of
Health and Safety in construction.
Guidance
You should provide examples of
actual attainments which should
indicate competence as in the case
of validated CDP in this field, and
typical additional qualifications, e.g.
NEBOSH Construction
Certificate; Member of health and
safety register administered by the
ICE (open to any member of a
construction-related institution);
Membership of Association for
Project Safety; Membership of
Institution of Construction Safety.
58
Question
Weighting
Part OJ – Social Care (Optional Questions)
44.
[Soc]
45.
[Soc]
46.
[Soc]
47.
[Soc]
You may have already
given details of any
existing or previous
services which you have
provided that are
comparable or similar to
requirement (in Part G –
Technical or Professional
Capability above). In
addition please provide
the following detail for
each of the services
mentioned in the above
question: Social Care &
Social Work Improvement
Scotland (SCSWIS) or
equivalent: in your
response please provide
Registration Number:
Registration Category:
Quality Grade: registration
date: Date of last
Inspection.
You may also upload any
supporting
evidence/documents for
this question with your
PQQ response.
Has SCSWIS, its
predecessors or
equivalents, ever issued
an imposition of
improvement notice and/or
cancelled registration of
any services you or your
organisation has provided?
If you have answered Yes
to question the question
above please provide
details.
Question
Weighting
Yes
No
Has SCSWIS, its
predecessors or
equivalents, ever imposed
conditions for registration
in respect of any social
care service you or your
organisation has provided?
Yes
No
59
48.
[Soc]
49.
[Soc]
50.
[Soc]
If you have answered ‘Yes’
to the question above
please provide details.
Please outline the skills,
abilities and experience of
the management team and
staff of the organisation,
which provide residential
placements. Please
provide relevant job/person
specifications as part of
your submission. You may
also upload any supporting
evidence/documents for
this question with your
PQQ response.
Question
Weighting
Please advise of your
organisations policy with
regard to carrying out its
duties under Protecting
Vulnerable Groups
Scheme (PVG Scheme),
its predecessors or
equivalent.
Question
Weighting
You may also upload any
supporting
evidence/documents for
this question with your
PQQ response.
51.
[Soc]
Please provide details of
your training policy and
procedures specifically
with regard to ongoing staff
training and development.
Question
Weighting
60
Part OK – IT Goods and Services (Optional Questions)
Current Operating Environment
Clackmannanshire Council operates predominantly in a thin client desktop
environment using thin client terminals. There are a number of users with local
desktop computers, if required, due to local software needs, e.g., GIS and Drawing
applications. The desktops computers also run a thin client to connect to the server
farm for access to the majority of Council applications.
The standard specification of the Intel based server estate, is quad Xeon processors
with varying memory resource (1Gb-32Gb RAM), 72Gb – 144Gb RAID and SCSI disk
configurations, RAID and SCSI controllers, running on a Microsoft Windows 2003 /
2008 / 2012 64bit Server R2 operating system with Citrix Presentation Server v5.x.
The network features an Ethernet 10Gb backbone with 100/1000Mb connections to
most workstations. Ip v4 is typically used with cat 5e cabling. Some IP Telephony is in
use and shares these connections.
The Council currently runs various operating systems, but mostly AIX, Linux and
Windows. The local desktop operating systems are MS-Windows XP, Microsoft Vista
and Microsoft Version 7&8. Application database platform should be either; SQL
Server (2008), Oracle (11g) or Lotus Notes (v7, v9) based.
Solutions should be capable of running in a virtualised environment. The host
operating system must be; Microsoft Windows Server, Linux or Unix AIX 7.1.
Whereas, the client side, if any, must be supported in Citrix Thin Client environment,
Presentation Server 5.x , running on Microsoft Windows 2003 / 2008 / 2012 server
64bit, standard edition R2 and Microsoft Windows 2008 / 2012 server 64bit. Printing
should be, if relevant, a true windows printing application utilising the default windows
printer, if not the application must be able to print on a Gestestner MP C3000 Aficio
multifunction device using appropriate pcl5e 64bit printer software, additional printer
models in use are 3500 and 4500. Authentication, as a preference should be utilising
Active Directory.
Remote Support is available via Citrix Access Gateway 2 Tier Authentication including
keyfob. Availability is on best endeavours basis (Mon - Fri 09:00 – 17:00hrs GMT).
Where remote access is not available for whatever reason, supplier must arrange to
visit the site and resolve problems as defined within the SLA.
52.
[IT]
Please outline the potential
supplier’s strategy for and
approach
to
technical
training for those currently
involved in the provision of
services similar to those
required by the Contracting
Authority
61
53.
[IT]
54.
[IT]
55.
[IT]
56.
[IT]
Please provide details of
the potential supplier’s end
to
end
service
management
approach
and processes utilised in
the provision of services
similar to those required by
the Contracting Authority.
Please also describe the
maturity of the processes
used (highlighting any
benchmarking that has
been
undertaken
to
support such statements),
the levels of process
automation utilised and the
extent to which your
processes are considered
seamless and repeatable.
(800 words or fewer)
The Supplier is required to
provide a mechanism for
the
management,
retention, safe storage,
retrieval and disposal as
required of original media
including
backups
in
compliance with the Data
Protection Act and any
retention schedules.
You should include your
ICO Registration number
currently available at
http://www.ico.gov.uk/esdw
ebpages/search.asp
Include
details
of
procedures which you
require your staff to adhere
to.
Please
identify
your
technical ICT environment,
including versions
Clackmannanshire Council
operate an IT infrastructure
which requires the solution
to have been fully tested
with:
. Citrix XenApp 5.X
.
running on Windows
Yes
No
62
57.
[IT]
58.
[IT]
59.
[IT]
60.
[IT]
Terminal
Server
2003/2008/2012 R2 64Bit
Please confirm that your
client will operate in this
technical environment
without any issues
Clackmannanshire Council
requires the solution to be
based on either of the
following
database
platforms:

Oracle 10G/11G

Microsoft SQL
Server 2005/2008
Yes
No
Please confirm which
software platforms your
database operates
Mobile Devices
All
government
organisations are advised
only to transmit IL1&2
information
over
3G
networks
(Cross
Government
Actions:
Mandatory
Minimum
Measures) please state
whether your system will
transmit confidential (IL3)
information
to
mobile
devices using wireless
networks.
Do
you
use
SSL
encryption, what strength
is it 128/256/1024/2048bit?
Any information stored on
client devices (offline) must
be encrypted to at least
fips140.2. Please confirm
this the case in the space
below.
Are there any additional
costs for an APN (mobile
phone private network) to
secure transmitted data, or
do you provide vpn
software for all mobile
devices? Please provide
Yes
No
Yes
No
63
61.
[IT]
62.
[IT]
63.
[IT]
64.
details of either the APN or
VPN software.
State the options for
remote management of
mobile devices
incorporated in the
solution, including:
• Asset tracking
• Remote support
• Remote device backup
• Software updates
• Password reset
• Device reset
Describe what functions of
the system are supported
within the mobile solution.
e.g.
Repairs,
Asset
Management
State the options for
remote management of
mobile
devices
incorporated in the solution
Provide an overview of the
proposed device including:
[IT]
65.
[IT]
1 Manufacturer / Model
2 Weight
3 Battery life
4 Version of Operating
System
5 Touch screen?
6 Expansion capabilities
(eg memory)
7 Inclusion of Built-in
camera
8 Waterproofing
9 Radio WiFi & 3G
Clackmannanshire Council
restricts the use of the
internet on mobile devices
to
safeguard
against
devices
being
compromised and also
reducing the
risk of
malware, viruses etc. All
client devices such a
laptops, netbooks, tablets
are loaded with Symantec
Endpoint
Protection,
64
66.
[IT]
67.
[IT]
68.
[IT]
69.
[IT]
70.
[IT]
71.
[IT]
72.
[IT]
firewall,
antivirus,
and
device
management.
Please provide details of
the restrictions/protection
loaded on any devices you
may provide.
Details of the hardware
and software products
incorporated within the
solution
Explain how connectivity
between mobile devices
and back office systems is
achieved? Can a data
cable be used to update
the system from the device
(e.g. USB cable)?
What security features are
incorporated
in
the
solution(s)?
In the space below, please
detail
any
additional
features which could be of
benefit
to
Clackmannanshire
Council.
The proposed solution is
required
to
provide
separate DEVELOPMENT,
TEST
and
LIVE
environments that are
accessible
from
any
networked workstation. In
the space below, please
indicate your separate
hardware
and
license
requirements to support
these environments? If
common hardware is used
for
more
than
one
environment please state
this or specify additional
hardware as required.
Is it clear to the end user
that they are in different
environments?
Is the device capable of
maintaining
connection
states whilst in “sleep”
periods?
Yes
No
65
73.
[IT]
74.
[IT]
75.
[IT]
76.
[IT]
77.
[IT]
78.
[IT]
79.
[IT]
Identify what, if any, data is
held on the device and the
options for its recovery.
Explain
how
remote
deletion
would
be
achieved.
Describe
how
the
proposed solution would
deal with the event of loss
or theft of the device.
Are these mobile devices
provided in the tender, if so
are they insured against
loss/damage?
(Please
note that currently the best
mobile data coverage is
provided by EE)
Where data is transferred
over
non-Council
networks, the data and
connection
must
be
encrypted, describe how
the solution would achieve
this.
Describe
the
data
encryption used when data
is stored on the device.
State the authentication
method
used
giving
justification for the chosen
method
Can the device be tracked
when out of the office?
Please state how this
would be achieved.
Yes
No
Yes
No
Comment
80.
[IT]
81.
There are number of high
speed
communications
black
spots
within
Clackmannanshire Council
area.
Please provide details of
your performance testing
to evidence your solutions
capability to operate on
3G, GPRS and zero
connectivity situations.
Should it not be possible to
connect to an appropriate
66
[IT]
82.
[IT]
83.
[IT]
84.
[IT]
85.
[IT]
network, can information
be stored on the device
until a connection state is
achieved?
Provide details of the
recommended, minimum
and maximum number of
users supported by the
solution
including
anticipated
impact
on
network traffic.
State experience with the
solution and include any
assumptions that have
been made in producing
the proposed solution.
Provide details of training
provided for staff utilising
the solution.
Note you
should specify end user
training, management and
IT Support, stating any
prerequisites.
Where managed services
are proposed, please
identify the options and
infrastructure/pricing
implications of:
• Fully in-house supported
and deployed (i.e. no
managed service)
• Fully managed service
including all
customisations for
Clackmannanshire
Council. (please include a
turnaround figures for
faulty devices)
• If offering a managed
service solution please
state whether any other
mobile software that
Clackmannanshire Council
deploy can be loaded on to
these devices.
• Managed service of
infrastructure located
within Clackmannanshire
Council premises to allow
67
86.
[IT]
87.
[IT]
88.
[IT]
89.
[IT]
90.
[IT]
mobile devices to connect
to the back office.
• Managing the call and
data
Provide
details
of
independent
documentation supporting
the proposed solution (i.e.
Government Accreditation
or compliance, Gartner
reviews etc.)
Please
identify
the
implications of having inhouse infrastructure with
remote support provided
by the supplier.
Provide
details
of
independent
documentation supporting
the proposed solution (i.e.
Government Accreditation
or compliance, Gartner
reviews etc.)
Confirm that your solution,
as a minimum, can support
the following functions:
<<specify
mobile
functions here >>
In order to gain remote
access
to
Clackmannanshire Council
systems the Corporate
solution is Citrix Secure
Access Gateway which is
a Secure Socket Layer
Virtual Private Network
(SSL VPN) with a RSA
software token allowing for
two-factor authentication.
Connection
is
only
permitted from approved
secure networks (industry
standard
penetration
testing, patching, firewall,
anti-virus and malware)
and all equipment and
networks must be owned
by the
tenderer,
no
connections are permitted
from out with the UK.
Yes
No
68
Please provide details of
your patching, firewall,
anti-virus and malware
protection and the date of
your last penetration test.
91.
[IT]
The Authority supports
Open Scotland Information
Age Framework (OSIAF)
Systems standards and
requires any proposed
solution to be fully open
and must ensure a high
degree
of
systems
portability. Set out how
your system conforms to
Open System standards
e.g. uses XML protocols to
integrate systems, fully
accessible
through
browser technology for
both display and updates
etc.
APPENDICES
Appendix 1: Definitions of Frequently Used Terms
Consortium – An unincorporated group of firms or individuals, often formed to tender
for a contract with a view to forming a company or working in some other way in the
event of winning.
Contract – A binding agreement made between two or more parties, which is
intended to be enforceable by law.
Contract Value – The estimated total monetary value of a contract over its full
duration (not annual).
Invitation to Tender (ITT) – An invitation to contractors, suppliers or service
providers to bid for the provision of works, goods or services.
Market Brief – The Market Brief is for information only, and provides an outline of the
requirements for this contract.
Method Statement – Tenderers’ proposals for dealing with aspects of the work which
are outlined in the specification, and where detailed operational information about the
delivery of the contract is required.
Post-Tender Negotiation – Discussions with a supplier or suppliers after their offers
have been received, with the aim of achieving clarifications and/or improvements.
(Strict guidelines apply to conduct during this process).
Pre-Qualification Questionnaire (PQQ) – A questionnaire completed by
organisations that wish to be considered for a procurement activity or placed on an
approved list. The purpose is to assess the organisation’s general suitability in terms
of financial and economic standing, technical capability and experience, quality
69
assurance, health and safety procedures, environmental issues and equalities
considerations.
Specification – The specification details the Council’s requirements and standards
for this contract, including the scope and specific details of the activities we require. It
should present you with a clear, accurate and full description of our needs, so that
you can propose a solution to meet them. You must read the specification carefully; if
you are not sure about what is being asked for, contact the named contact for this
tender for clarification.
Standing Orders – The Council’s rules and procedures that govern its activities,
including procurement of goods, works and services.
Tender – An official written offer to an invitation that contains a costed proposal to
perform the works, services or supplies required, and is provided in response to a
tendering exercise. This normally involves submission of the offer in a sealed
envelope to a specified address by a specified time and date.
70
Appendix 2.
Important Information to Candidates
2.1.1 This pre-qualification questionnaire has been published in order to comply with
the duties incumbent on the Council under relevant European and UK
legislation, particularly in relation to Public Contracts (Scotland) Regulations
2015, Procurement (Scotland) Regulations 2016 and the Procurement Reform
(Scotland) Act 2014. Where Concessions and Utilities are required the
Concession Contracts (Scotland) Regulations 2016 and the Utilities Contracts
(Scotland) Regulations 2016 and Local Government in Scotland Act 2003.
The value of the products or services required by the Council fall below the
relevant EU threshold and the Council has assessed that no cross border
interest is or is likely to exist
2.1.2 The Council will assess all submissions objectively and in accordance with the
criteria set out in the advertisement, however the selection of candidates and
award of the contract is entirely within the Council's discretion. It is expressly
declared that the Council are under no obligation to accept any tender,
regardless of whether the submission is either the lowest price tendered or is
the most economically advantageous tender.
2.1.3 Any reference to the provisions of the Public Contracts (Scotland) Regulations
is to ensure that the Council fulfils its statutory duty under the Local
Government in Scotland Act 2003 (the "2003 Act") to achieve best value. In
applying the terms of the Public Contracts (Scotland) Regulations 2015,
Procurement (Scotland) Regulations 2016 and the Procurement Reform
(Scotland) Act 2014. Where Concessions and Utilities are required the
Concession Contracts (Scotland) Regulations 2016 and the Utilities Contracts
(Scotland) Regulations 2016 as principles for assessment of tenders, the
Council is using a recognised consistent and fair approach to comply with its
duties under the Regulations. The Regulations do not constitute (either
expressly or impliedly) a term of the contract or the procurement exercise save
as prescribed for by law. Furthermore, the fact that the Council has sought
offers from candidates for the performance of the goods and/or services set
out herein does not give rise to a contractual obligation on the Council (either
expressly or impliedly) to consider the tenders in line with the published
requirements or to award the contract to any candidate. Any decision to award
a contract is at the Council's entire discretion, subject to any over-riding
requirement of public law.
2.1.4 The Council has prepared this Pre Qualification Questionnaire (PQQ). The
Council will not accept any responsibility or liability for advising any recipient of
any changes or additions to the information contained in this PQQ, or any
other information relating to the project that comes to their attention.
2.1.5 Although every care has been taken in preparing the PQQ, no representation,
warranty or undertaking, expressed or implied is, or will be made, and no
responsibility or liability will be accepted by the Council or by any of its officers,
employees, servants, agents or advisers ("Connected Persons") as to the
accuracy or completeness of the PQQ or any other written or verbal
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information made available to any interested party or its advisers. Any liability,
however arising, is expressly disclaimed.
2.1.6 Data provided by the Council to interested parties will be given in good faith
but interested parties will have to make their own investigations and
interpretation. No liability will be accepted by the Council for the accuracy or
completeness of that data.
2.1.7 Neither the receipt of this PQQ by any person, nor any information contained in
it or distributed with it, or subsequently communicated to any interested party
or its advisers is, or is to be taken as, constituting the giving of investment
advice by the Council.
2.1.8 No information contained in this document or any other written or verbal
information made available to any interested party or its advisers shall form the
basis for any warranty, representation or term of any contract by the Council
with any third party.
2.1.9 Nothing in this document is, or should be, relied on as a promise or
representation as to the future. The Council reserves the right, without
principle, to change the procedure for the project competition or any of the
proposals or information in relation to the project.
2.1.10 The Council reserves the right to cancel the tender process at any point. The
Council is not liable for any costs resulting from any cancellation of this tender
process, nor for any other costs incurred by those tendering for this Contract.
In the event that proceedings are brought against Clackmannanshire Council
under the Public Contracts (Scotland) Regulations 2015, the Council reserve
the right to suspend the contract until such time as the proceedings are finally
determined or to terminate the contract on immediate written notice to the
Service Provider without any penalty or damages due to the Council.
By submitting a tender, candidates are deemed to understand fully the
processes that the Council is required to follow under relevant European and
UK legislation, particularly in relation to Public Contracts (Scotland)
Regulations 2015, Procurement (Scotland) Regulations 2016 and the
Procurement Reform (Scotland) Act 2014. Where Concessions and Utilities
are required the Concession Contracts (Scotland) Regulations 2016 and the
Utilities Contracts (Scotland) Regulations 2016, the Local Government
(Scotland) Act 1973 and the Local Government in Scotland Act 2003.
2.1.11 The Service Provider must not commit any breach of the Employment
Relations 1999 Act (Blacklists) Regulations 2010 or section 137 of the Trade
Union and Labour Relations (Consolidation) Act 1992, or commit any breach of
the Data Protection Act 1998 by unlawfully processing personal data in
connection with any blacklisting activities. Breach of this clause is a material
default which shall entitle the Purchaser to terminate the Contract with
immediate effect.
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2.1.12 This document is for use by candidate/s who are interested in providing the
goods or services set out at section 5 of the PQQ, their professional advisers
and other parties essential to preparing responses to the PQQ and for no other
purpose.
2.1.13 The contents of this PQQ, and that of any other documentation sent to you in
respect of this tender process are provided on the basis that they remain the
property of the Council and must be treated as confidential. If you are unable
or unwilling to comply with this requirement you are required to destroy this
PQQ and all associated documents immediately and not to retain any
electronic or paper copies.
2.1.14 This PQQ is made available in good faith. No warranty is given as to the
accuracy or completeness of the information contained in it and any liability for
any inaccuracy or incompleteness is therefore expressly disclaimed by the
Council and its advisers.
2.1.15 The Council reserve the right to make revisions to this PQQ. No additional time
in relation to submission deadlines for the PQQ will be granted, following
notification of any such revision, unless the participants are expressly notified
of any extension by Clackmannanshire Council.
2.1.16 The Council reserves the right to reject PQQs which are not submitted in
accordance with the instructions given.
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