Instructions for tenderers

  1. The Department looks forward to receiving your tender for the work described in the attached documents. To ensure fairness all tenderers are required to submit their tenders in accordance with these instructions and any further requirements contained in the invitation letter. Failure to comply could invalidate your tender.
  2. The decision not to submit a Tender should be indicated to the Contract Officer by e-mail. If you are willing to state your reasons this would be appreciated and may help to inform us on future procurement exercises.

Access to Government Information

  1. Under the Freedom of Information Act 2000 ("FOIA") and the Environmental Information Regulations 2004 ("EIRs"), the Department is obliged (subject to the application of any relevant exemptions and, where applicable, the public interest test) to disclose information in response to requests for information.
  2. You need to be aware that the Department could receive requests for any information relating to this contract. The contract will include provisions to reflect the Department's obligations under those disclosure regimes. The Department cannot contract out of its obligations in this respect and will only accept confidentiality clauses in very exceptional and narrowly defined circumstances. In this regard, your attention is drawn to the Code of Practice (in particular, section V thereof) issued by the Lord Chancellor under section 45 of the FOIA (section IX of the Code of Practice issued under regulation 16 of the EIRs includes similar guidance).

Submission of Tenders

  1. You should send your tender in a plain envelope, using the enclosed label. It is your responsibility to ensure your tender arrives, at the address shown no later than the time and date stated in the attached letter (unless the date is subsequently amended in writing by the Department). Your tender may be submitted before the due date.
  2. Tenders [(including any electronic copies that have been requested)] must not be submitted by e-mail. The legal status of documents submitted by e-mail has yet to be clarified sufficiently to satisfy the Department's needs to ensure the integrity and probity of the Tender process.
  3. The envelope and any other packaging or labelling should not identify the tenderer. (You should note that courier firms often put the sender's name and address on their outer envelopes.)
  4. The Department will safeguard all tenders received and open them once the tender deadline has expired.
  5. All late tenders will be rejected. It is your responsibility to ensure that your tender is received on time.
  6. In cases of urgency and only with prior specific approval (obtained from the Departmental Officer (for contractual matters) nominated in the invitation to tender letter), you may send your tender by facsimile or give details over the telephone. Facsimile or telephone tenders may only be submitted between 09.00 hours and the Tender Deadline on the Tender due date (as shown in the Invitation to Tender letter). Tenders submitted by facsimile or made by telephone will only be admissible where the original and complete tender documents are received within two workings days for UK tenderers and five working days for overseas tenderers and are identical with the copies sent by facsimile, or the details given over the telephone.
  7. You must not alter any of the Department's Invitation to Tender documents.
  8. Tenders may not be considered if any of the information requested is not supplied with the tender or the tender is otherwise non-compliant or incomplete.
  9. You must not tell anyone else, even approximately, what your tender price is or will be, before the date of contract award. The only exception is if you need an insurance quotation to calculate your tender price - in which case you may give your insurance company or brokers any essential information they ask for, provided that you do so in strict confidence.
  10. You must not try to obtain any information about anyone else's tender or proposed tender before the date of contract award.
  11. You must not make any arrangements with anyone else about whether or not they should tender, or about their or your tender price. The only exception is where tenderers are considering joint or team bids, which will be allowed providing all participants to the discussions surrounding the bid are clearly stated in the tender response. (See also 'Group Bids' below).
  12. Tender documents must not be transferred to anyone (other than the firm named in the Invitation to Tender) without the prior specific approval of the Department in writing.
  13. You may identify specific parts of your tender that you consider are confidential, and these should be clearly marked 'Confidential'. However you should note that the provisions of paragraphs 3 and 4 above will apply to all information so marked.  The Department will not accept any general requests for tender information to be treated as confidential
  14. You must ensure that your tender is completed legibly, in ink or typed, in English, with all prices in Sterling (exclusive of VAT), and is signed and dated where required. Any amendments you make to your tender, prior to submission, must be initialled and preferably also noted separately. Correction fluid must not be used.

Tender Validity

  1. The Department will assume that your tender will remain open for acceptance for a minimum of 60 days from the Tender Deadline or for such other period as may be specified by the Department, unless you specifically state a different period in your tender.

Group Bids

  1. In the event of a group of service providers, suppliers or contractors submitting an acceptable offer, the group will be required to nominate a lead partner with whom the Department can contract. Alternatively the group will need to form themselves into a single legal entity before the contract is awarded. An undertaking that the group will so form themselves, if required by the Department, must be provided when the tender is submitted.

Acceptance of Offers

  1. You should note that:-

    i. The Department reserves the right not to accept the lowest, or any, tender.

    ii. Unless you make any formal statement to the contrary, the Department reserves the right to accept any part of the tender without accepting the remainder.

    iii. Acceptance of a tender/award of contract will be by written communication from the Department.

    iv. Where the tender process has been subject to the full EU Procurement Directives, a mandatory 10 day standstill period must be applied between communicating the award decision to tenderers and awarding the contract.

Alternative Tenders

  1. If you wish you may tender on the basis of an alternative specification but if you do this then you must also submit a separate, primary, tender based strictly on the enclosed specification. Alternative tenders must be fully priced to show clearly how and where costs differ from the primary tender. You should also note that the Department reserves the right to accept an alternative tender without recourse to re-tendering.

Trading Names/Invoicing

  1. If your tender is submitted in the name of one company or organisation but you intend submitting invoices in the name of another, or require payments to be made to another, please give full details. Otherwise there may be delay in payment.

Specification of Standards

  1. Where reference is made to an International, European or British Standard then you may offer an equivalent to any of these, provided that your Standard offers equivalent guarantees of safety, suitability and fitness for purpose to the one specified.

Orders

  1. All orders under the contract will either be placed by means of the Department's official Purchase Forms, examples of which will be supplied to the successful tenderer(s), or as otherwise stated by the Department. Urgent orders may be given orally in accordance with the contract, and will be confirmed in writing.

Green Claims Code

  1. You must ensure that any environmental claim you make related to your tender is fully in accordance with the Green Claims Code - this is available on the DEFRA website:
    http://www.defra.gov.uk/environment/consumerprod/gcc/index.htm

    and from the following Publications Dispatch Centre, quoting product code 97 EP 0381:
    DEFRA Publications
    Admail 6000
    London
    SW1A 2XX
    Tel: 08459 556000 / Fax: 020 8957 5012 / E-mail: defra@iforcegroup.com

Transfer of Undertakings (Protection of Employment) Regulations

  1. The attention of Tenderers is drawn to the Transfer of Undertakings (Protection of Employment) Regulations 1981 as amended (TUPE). In some cases, where work awarded to a contractor is subsequently awarded to another organisation, such a transfer of work may constitute a "transfer of an undertaking" for the purposes of TUPE.
  2. TUPE provides that where there is a transfer of an undertaking (or possibly part of one), the new employer takes over any employment liabilities and the responsibility for the employment contracts of the employees, who then transfer on their previous terms and conditions of service. As a successful tenderer may be a potential transferee for the purposes of TUPE, tenderers should seek legal advice as to whether TUPE will be likely to apply to the proposed contract, and if so, to reflect the financial implications of such a transfer in their tender. In such cases, as the Department will be neither transferee nor transferor for the purposes of TUPE, the application of TUPE is a matter for each tenderer to clarify with their legal advisers. If TUPE is deemed to apply then the financial implications are a matter for discussion between the prospective tenderer and the existing contractor, rather than for the Department.

Legislation on Late Payment

  1. The Department will comply fully with statutory legislation on Late Payment on the basis of claims submitted by the Contractor (i.e. the successful tenderer).

Tender Costs

  1. You should note that any expenditure, work or effort undertaken by you prior to the award of a contract is a matter solely for your own commercial judgement. The Department reserves the right to withdraw this tender invitation at any time or to re-invite tenders on the same or any alternative basis. In such circumstances, and in any event, the Department and/or its advisers shall not be liable for any costs or loss of expenses whatsoever incurred by the bidder or any company, agent, subsidiary or organisation who may have contributed to the proposals submitted by the bidder in response to this tender invitation.