instructions to tender · 2016-10-12 · general questions and method statements (within pro...

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DATED

26 SEPTEMBER 2016

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INSTRUCTIONS TO TENDER

N NAME OF AUTHORITY: Royal Borough of Kingston Upon Thames

TENDER FOR: Resident Engagement for the Housing Service

TENDER RETURN DEADLINE: 1500 hrs 26 October, 2016

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CONTENTS

PARAGRAPH

1. Introduction and background

2. Tender Timetable

3. Tender completion information

4. Tender evaluation model 5. TUPE 6. Appendix A - Example deed of guarantee

7. Appendix B - Example form of bond

8. Appendix C - TUPE Detailed Information

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1. INTRODUCTION AND BACKGROUND

1.1 Contents of the ITT

This invitation to tender (ITT) comprises:

● Specification

● Pricing Schedule

● Draft Contract

● Instructions to Tenderers

● General Questions and Method Statements (within Pro Contract portal)

1.2 Purpose and scope of this ITT

This ITT:

● Asks Tenderers to submit their Tenders in accordance with the instructions set out in the remainder of this ITT.

● Sets out the overall timetable and process for the procurement to Tenderers.

● Sets out the Award Criteria and the Tender Evaluation Model that will be used to evaluate the Tenders.

● Explains the administrative arrangements for the receipt of Tenders.

1.3 Introduction to the Authority

1.4 The Council’s vision, values and strategic objectives are set out in the Council’s medium term service and financial plan, Destination Kingston. This can be downloaded from the Council’s website:

1.5 https://www.kingston.gov.uk/info/200279/performance_and_improvement/717/annual_planning

1.6 Procurement Process

The Authority is conducting the procurement using the open procedure in accordance with the requirements of the Public Contracts Regulations 2015 (SI 2015/102) (PCR 2015) for the purpose of procuring the services described in the Specification (Services).

This ITT contains further information about the procurement process, the Services, and assessment questions for Tenderers to complete. Each Tenderer's response (Tender) should be detailed enough to allow the Authority to make an informed selection of the most appropriate solution.

https://www.kingston.gov.uk/info/200279/performance_and_improvement/717/annual_planning

https://www.kingston.gov.uk/info/200279/performance_and_improvement/717/annual_planning

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1.7 Scope of the Project

1.8 The Royal Borough of Kingston upon Thames (RBK) invites tenders for the provision of a Residents Engagement Services in Housing Royal Borough of Kingston upon Thames by means of an Open OJEU competition via 3 Lots:

1. Lot 1 - Building, development and supporting Residents’ Capacity to engage 2. Lot 2 - Resident involvement in service design, improvements and design making

3. Lot3 - Market research and Publicity

RBK reserves the right to award the Lots to any combination of bidders, for instance awarding all three to the same bidder or awarding each separate Lot to different bidders individually. If a supplier intends to tender for more than one Lot, the supplier is required to tender to Lots individually and not in a combined proposal. If a supplier does not bid for a Lot it is assumed that the supplier does not wish to bid for that Lot. RBK will award a contract for each Lot separately.

Bidders are required to submit two separate pricing schedules, one pricing schedule will be taking into consideration TUPE applying and the other TUPE NOT applying. Bidders are required to submit both the pricing schedules. If both pricing schedules are not completed bidders will not be scored for the pricing component of the tender.

1.9 Kingston Council has a total of 4,800 households, of which approximately 3,200 are tenant households and 1,600 leaseholder households. There are also approximately 620 households in temporary accommodation.

1.10 The resident engagement services in this specification are specifically for tenants and leaseholders living in the properties that are within the Housing Service portfolio.

1.11 Service Provider(s) will be required to develop and deliver a broad range of resident engagement methods that have the ability to respond to the varying capacity, capability and aspirations of residents to take part in designing and delivering services, as well as ensure the Council meets its statutory duty to engage with residents.

1.12 Value of the Contract

Anticipated budget for all Lots (1, 2 and 3) is estimated at £150k per annum. Please note that this is a guide only and expenditure might be higher or lower than this estimated figure depending on the needs and demand of the Authority. Estimates are to guide you in submitting your Tender. They should not be interpreted as an undertaking to purchase any goods or services to any particular value and do not form part of the Contract.

1.13 Contract Term

The Authority proposes to enter into a Contract for each individual lot with the successful Tenderer (s) (Service Provider) for a minimum period of 3 years.

The Authority may at its discretion extend the Contract for a further period of one year plus one year contract periods.

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The maximum potential contract period therefore is 5 years.

The anticipated service commencement date is 19 December 2016

1.14 Clarifications about the Services or ITT

Any clarifications relating to this ITT must be submitted through the e-tendering portal.

The Authority will respond to all reasonable clarifications as soon as possible by publishing the Tenderers' questions and the Authority's response to them on the e-tendering portal (Clarifications Log). If a Tenderer wishes the Authority to treat a clarification as confidential and not issue the response to all Tenderers, it must state this when submitting the clarification. If, in the opinion of the Authority, the clarification is not confidential, the Authority will inform the Tenderer and it will have an opportunity to withdraw it. If the clarification is not withdrawn, the response will be issued to all Tenderers.

The deadline for receipt of clarifications relating to the Services or this ITT is set out in clause 2 (Tender timetable).

Tenderers are advised not to rely on communications from the Authority in respect of the Services or ITT unless they are made in accordance with these instructions.

1.15 Clarifications about the Contents of the Tenders

The Authority reserves the right (but is not obliged) to seek clarification of any aspect of a Tenderer's Tender during the evaluation phase where necessary for the purposes of carrying out a fair evaluation. Tenderers are asked to respond to such requests promptly. Vague or ambiguous answers are likely to score poorly or render the Tender non-compliant.

2. TENDER TIMETABLE

2.1 Key Dates

This procurement will follow a clear, structured and transparent process to ensure a fair and level playing field is maintained at all times, and that all Tenderers are treated equally.

The key dates for this procurement (Timetable) are currently anticipated to be as follows:

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Event Date

Publish OJEU Contract Notice/ ITT 26.09.16

Deadline for Clarification Questions 19.10.16

Deadline for receipt of tenders 26.10.16

Evaluation of Tenders w/c 31.10.16

Notification of contract award decision and first day of standstill period

14.11.16

Last day of the mandatory standstill period 24.11.2016

Confirm contract award 25.11.2016

Mobilisation 25.11.16 to 19.12.16

Commencement date of contract 19.12.16

2.2 The Royal Borough of Kingston upon Thames reserves the right to amend the above timescales. Any changes to the Procurement Timetable shall be notified to all Tenderers as soon as practicable.

2.3 Deadline for the Receipt of Tenders

Responses to this ITT must arrive in the manner prescribed under Tender Completion Information no later than the Deadline. Any Tender received after the Deadline shall not be opened or considered. RBK may, however, in their absolute discretion extend the Deadline and in such circumstances RBK will notify all Tenderers of any change.

2.4 Contract Award

RBK will award a contract to the Most Economically Advantageous Tender submitted in accordance with the instructions in this ITT.

Contract award is subject to the formal approval processes of RBK. Until all necessary approvals are obtained, no Contract will be entered into. A standstill period will be observed.

Once RBK have reached a decision in respect of a contract award, they will notify all bidders of that decision and provide for a standstill period in accordance with the Public Contracts Regulations 2015.

In the event that any successful bidder refuses the contract they are offered, the contract will be offered to the next highest scoring bidder.

2.5 Debrief

The contract award notification will be sent to each Tenderer. The Authority will inform all unsuccessful Tenderers of the identity and relative advantages and characteristics of the successful Tender as compared with the addressee's Tender.

2.7 Remedies Directive (2009)

In accordance with the Remedies Directive (2007) of the European Court of Justice and Regulation 85 to 87 of The Public Contracts Regulations 2015, there will be a 10 day standstill period between communicating the award decision to all tenderers and entering into a contract. The award notice shall contain the criteria for the award of the

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contract, the name of the successful tenderer and where practicable, the score obtained by the unsuccessful and successful tenderers.

RBK shall also inform all tenderers of the reasons why they were unsuccessful, and the characteristics and relative advantages of the successful tender. If there is any legal challenge during the period and legal proceedings are instituted, RBK must wait to see if any interim order is made by the Court or if the action is determined, discontinued or otherwise disposed of at Court before concluding the contract and only then if the outcome of the court allows RBK to do so.

3. TENDER COMPLETION INFORMATION

3.1 Formalities

All documents comprising the Tender must be completed and uploaded to the e-tendering portal by the Deadline.

The following requirements must be adhered to when submitting Tenders:

● Each attachment uploaded must be clearly identifiable with the date, page number and title of the document on each page of the main body. The documents should be saved with your organisation’s name in the file name.

● Any additional pre-existing material which is necessary to support the Tender should be included as schedules with cross-references to this material in the main body of the Tender. Cross-references to this ITT should also be included in the Tender whenever this is relevant.

● Where documents are embedded within other documents, Tenderers must upload separate copies of the embedded documents.

● The Tender must be in English and drafted in accordance with the drafting guidance set out in this ITT.

● Each Tender must be uniquely named or referenced.

● The Tender must be fully cross-referenced.

● A list of supporting material must be supplied.

● Tenderers should use Arial point 11.

● Line spacing must be single spacing.

The Tender must be clear, concise and complete. The Authority reserves the right to mark a Tenderer down or exclude them from the procurement if its Tender contains any ambiguities, caveats or lacks clarity. Tenderers should submit only such information as is necessary to respond effectively to this ITT. Tenders will be evaluated on the basis of information submitted by the Deadline.

The Tenderer must upload a duly executed Form of Tender the template of which is included in the Tender Documents available on the e-procurement system.

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Where the Tenderer is a company, the Tender must be signed by a duly authorised representative of that company. Where the Tenderer is a consortium, the Tender must be signed by the lead authorised representative of the consortium, which organisation shall be responsible for the performance of the Contract. In the case of a partnership, all the partners should sign or, alternatively, one only may sign, in which case he must have and should state that he has authority to sign on behalf of the other partner(s). The names of all the partners should be given in full together with the trading name of the partnership. In the case of the sole trader, he should sign and give his name in full together with the name under which he is trading.

3.2 Submission of Tenders

The Tender for each Lot must meet the Authority's minimum requirements, operate as a standalone bid and not be dependent on any other bid or any other factors external to the Tender (each Lot) itself. The Tender must be capable of being accepted by the Authority in its own right.

3.3 Contract Terms

The draft Contract that the Authority proposes to use is included in the tender documents on e-portal system. By submitting a Tender, Tenderers are agreeing to be bound by the terms of this ITT and the Contract without further negotiation or amendment.

If the terms of the Contract render the proposals in the Tenderer's Tender unworkable, the Tenderer should submit a clarification in accordance with paragraph 1.8 and the Authority will consider whether any amendment to the Contract is required. Any amendments shall be published through the Clarifications Log and shall apply to all Tenderers. Where both the amendment and the original drafting are acceptable and workable to the Authority, the Authority shall publish the amendment as an alternative to the original drafting.

Tenderers should indicate if they prefer the amendment; otherwise the original drafting shall apply. Any amendments which are proposed, but not approved by the Authority through this process, will not be acceptable and may be construed as a rejection of the terms leading to the disqualification of the Tender.

3.4 Documents Forming the Contract

The following documents shall form part of the Contract between the Authority and the Service Provider(s):

● Contract and its schedules.

● Specification.

● Schedules

● A pricing model (as completed by the Service Provider).

● Method statement questions as completed by the Service Provider.

● A list of commercially sensitive information (as completed by the successful Tenderer).

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3.5 Consortia and Subcontractors

The Authority requires all Tenderers to identify whether and which subcontracting or consortium arrangements apply in the case of their Tender, and in particular specify the share of the Contract it intends to sub-contract, any proposed sub-contractors, and precisely which entity they propose to be the Service Provider.

For the purposes of this ITT, the following terms apply:

● Consortium arrangement. Groups of companies come together specifically for the purpose of bidding for appointment as the Service Provider and envisage that they will establish a special purpose vehicle as the prime contracting party with the Authority.

● Subcontracting arrangement. Groups of companies come together specifically for the purpose of bidding for appointment as the Service Provider, but envisage that one of their number will be the Service Provider, the remaining members of that group will be subcontractors to the Service Provider.

3.6 Warnings and Disclaimers

While the information contained in this ITT is believed to be correct at the time of issue, neither the Authority, its advisors, nor any other awarding authorities will accept any liability for its accuracy, adequacy or completeness, nor will any express or implied warranty be given. This exclusion extends to liability in relation to any statement, opinion or conclusion contained in or any omission from, this ITT (including its appendices) and in respect of any other written or oral communication transmitted (or otherwise made available) to any Tenderer. This exclusion does not extend to any fraudulent misrepresentation made by or on behalf of the Authority.

If a Tenderer proposes to enter into a Contract with the Authority, it must rely on its own enquiries and on the terms and conditions set out in the Contract(s) (as and when finally executed), subject to the limitations and restrictions specified in it.

Neither the issue of this ITT, nor any of the information presented in it, should be regarded as a commitment or representation on the part of the Authority (or any other person) to enter into a contractual arrangement.

3.7 Confidentiality and Freedom of Information

This ITT is made available on condition that its contents (including the fact that the Tenderer has received this ITT) is kept confidential by the Tenderer and is not copied, reproduced, distributed or passed to any other person at any time, except for the purpose of enabling the Tenderer to submit a Tender.

As a public body, the Authority is subject to the provisions of the Freedom of Information Act 2000 (FOIA) in respect of information it holds (including third-party information). Any member of the public or other interested party may make a request for information.

The Authority shall treat all Tenderers' responses as confidential during the procurement process. Requests for information received following the procurement process shall be considered on a case-by-case basis, applying the principles of FOIA.

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While the Authority aims to consult with third-party providers of information before it is disclosed, it cannot guarantee that this will be done. Therefore, Tenderers are responsible for ensuring that any confidential or commercially sensitive information has been clearly identified to the Authority in the template provided within the e-procurement portal.

Tenderers should be aware that, in compliance with its transparency obligations, the Authority routinely publishes details of its contract(s), including the contract values and the identities of its suppliers on its website.

3.8 Publicity

No publicity regarding the Services or the award of any Contract will be permitted unless and until the Authority has given express written consent to the relevant communication. For example, no statements may be made to the media regarding the nature of any Tender, its contents or any proposals relating to it without the prior written consent of the Authority.

3.9 Tenderer Conduct and Conflicts of Interest

Any attempt by Tenderers or their advisors to influence the contract award process in any way may result in the Tenderer being disqualified. Specifically, Tenderers shall not directly or indirectly at any time:

● Devise or amend the content of their Tender in accordance with any agreement or arrangement with any other person, other than in good faith with a person who is a proposed partner, supplier, consortium member or provider of finance.

● Enter into any agreement or arrangement with any other person as to the form or content of any other Tender, or offer to pay any sum of money or valuable consideration to any person to effect changes to the form or content of any other Tender.

● Enter into any agreement or arrangement with any other person that has the effect of prohibiting or excluding that person from submitting a Tender.

● Canvass the Authority or any employees or agents of the Authority in relation to this procurement.

● Attempt to obtain information from any of the employees or agents of the Authority or their advisors concerning another Tenderer or Tender.

Tenderers are responsible for ensuring that no conflicts of interest exist between the Tenderer and its advisers, and the Authority and its advisors. Any Tenderer who fails to comply with this requirement may be disqualified from the procurement at the discretion of the Authority.

3.10 Authority's Rights

The Authority reserves the right to:

● Waive or change the requirements of this ITT from time to time without prior (or any) notice being given by the Authority.

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● Seek clarification or documents in respect of a Tenderer's submission.

● Disqualify any Tenderer that does not submit a compliant Tender in accordance with the instructions in this ITT.

● Disqualify any Tenderer that is guilty of serious misrepresentation in relation to its Tender, or the tender process.

● Withdraw this ITT at any time, or to re-invite Tenders on the same or any alternative basis.

● Choose not to award any Contract as a result of the current procurement process.

● Make whatever changes it sees fit to the Timetable, structure or content of the procurement process, depending on approvals processes or for any other reason.

3.11 Bid Costs

The Authority will not be liable for any bid costs, expenditure, work or effort incurred by a Tenderer in proceeding with or participating in this procurement, including if the procurement process is terminated or amended by the Authority.

3.12 Guarantees

Recipients of this ITT will note that a form of deed of guarantee is included in the tender documents as is in Appendix A of the Instruction to tender. The Authority may have qualified the Tenderers on the assumption that, where the Tenderer is an operating company, it may be guaranteed by the parent company. As a result, the Authority may require each Tenderer to confirm the identity of the guarantor of its obligations under any Contract(s). This guarantor should be the ultimate parent company of the Tenderer, except in exceptional circumstances. In the case of consortia, the Authority may require confirmation that the consortium may provide either a parent company guarantee from the lead consortium member or an equivalent level of security.

3.13 Insurance

The Authority will require the successful Tenderer to have in place as a minimum the following insurances in place.

a. Employer’s Liability Insurance Policy of not less than £5 million for each and every claim, act or occurrence or series of claims, acts or occurrences; and

b. Public Liability Insurance Policy of not less than £5 million for each and every claim, act or occurrence or series of claims, acts or occurrences.

4. TENDER EVALUATION MODEL

4.1 Award Criteria and Evaluation Criteria

Any Contract(s) awarded as a result of this procurement will be awarded on the basis of the offer that is the most economically advantageous to the Authority. The Award Criteria (Award Criteria) are:

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Quality – 70%

Price – 30%

Scores are arrived at following the application of the Evaluation Criteria (Evaluation Criteria) set out below to the Tenderer's Tender.

Tenderers are required to submit a Tender strictly in accordance with the requirements set out in this ITT, to ensure the Authority has the correct information to make the evaluation. Evasive, unclear or hedged Tenders may be discounted in evaluation and may, at the Authority's discretion, be taken as a rejection by the Tenderer of the terms set out in this ITT.

In order to determine which lots will be awarded, each lot will be scored separately and combined with the general information to form the quality component. The quality component will then be added to the weighted price component for each individual Lot with the winning bidder achieving the highest score, as described in the Tender Evaluation Model.

The Tender Evaluation Model showing the Evaluation Criteria and the maximum scores attributable to them is set out below.

4.2 The following table provides the summary scoring mechanism which will be applied.

Section Question Ref

Scoring Method

General Information 1.1 - 4.2

7.3

None - for information only

Grounds for Mandatory Exclusion 5.1 Pass/Fail

5.2 Pass/Fail

Grounds for Discretionary Exclusion 6.1 Pass/Fail

Economic & Financial Standing 7.1 Pass/Fail

7.2 Pass/Fail

Technical & Professional Ability 8.1 Pass/Fail

Insurance 9.1 Pass/Fail

Compliance with Equality Legislation 10.1 Pass/Fail

10.2 Pass/Fail

10.3 Pass/Fail

Environmental Management 11.1 Pass/Fail

11.2 Pass/Fail

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Health and safety 12.1 Pass/Fail

12.2 Pass/Fail

12.3 Pass/Fail

Safeguarding 13.1 Pass/Fail

13.2 Pass/Fail

13.3 Pass/Fail

Data Protection 14.1 Pass/Fail

Method Statements

Please note that the Method Statements (Qualitative Questionnaire) accounts for 70% of the total weighting as shown below

Lot 1: Building, developing and supporting residents’ capacity to engage Quality weighting: 70% Price weighting: 30%

Question Section weighting

Suggested page limits (sides of A4)

1. Design Principles and Service Requirements 40

MS1.1 What types of innovative methods and mechanisms would you use to build, develop and increase the capacity and ability of Kingston tenants and leaseholders to engage with the Council and do more for their communities?

35% 3

MS1.2 How would you enhance the capacity of already existing groups of tenants and leaseholders to engage (e.g. residents associations and community groups)?

25% 2

MS1.3 How would you build and develop new groups and their capacity to engage?

25% 2

MS1.4 What kinds of community-led initiatives would 15% 2

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you enable to bring about improved wellbeing for residents and their neighbourhoods?

2. Service Delivery 20

MS2.1 Please provide an Operational Plan with key milestones for setting up and delivering services in Lot 1.This should set out in full supporting details of the staff and other resources which will be utilised. The Operational Plan should detail the Contractor’s management and control processes, which clearly indicate how you propose to manage the quality of the service (please refer to any quality management systems you propose to use during the term of the contract).

45% 4

MS2.2 Please include a Business Continuity Plan to ensure service delivery for the entire term of the contract. This should include partner organisations, the skills and experience of the key members of staff delivering the plan, how the service will be resourced to ensure continuity of resources throughout the contract term, staffing levels and other resources/assets that will be required.

15% 2

MS2.3 How would you ensure this lot works effectively with the rest of the Resident Engagement Function (Lots 2 and 3) as well as Council teams and contributes to corporate outcomes for resident engagement?

10% 2

MS2.4 Please describe any risks in relation to delivering the service/s required for the contract term and how you would seek to address them.

15% 2

MS2.5 Please describe what legislative requirements and national policy changes you see affecting current and future service delivery.

15% 1

3 Performance, Monitoring and Management 20

MS3.1 Please propose Key Performance Indicators, including baselines and targets, which will demonstrate effectiveness of service and contribute towards achieving this Lot’s requirements and overall Outcomes detailed in Section 19 of the Specification. Key Performance Indicators should be SMART, and each must be addressed, and each Outcome

40% 2

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must be addressed. Please note the guidance given in Table 2 of the Specification.

MS3.2 Please propose the frequency of reporting against your Key Performance Indicators. Please note that it is an additional requirement to produce an annual report, annual service user questionnaire and case studies. Your proposed performance measures may be included within these requirements.

25% 2


10% 1

MS3.4 How would you ensure you are flexible and able to adapt your approach to what is and is not working well as well as responding to changing priorities within resident engagement?

25% 1-2

4 Social Value 10

MS4.1 Do you envisage partnership working with local agencies in delivering this Lot and how would you go about ensuring effective partnership working?

50% 1

MS4.2 Please describe any additional social value (social, economic and environmental benefits) that your approach to this contract will deliver for the Kingston area?

50% 2

5 Equalities 5

MS5.1 How would you encourage general involvement as well as target and develop capacity to engage among harder to reach groups and people made vulnerable by factors contributing to disengagement such as +disability, disadvantage, language barriers among others?

100% 2

6 Safeguarding 5

MS6.1 Please describe how you will incorporate safeguard considerations including training, acting on feedback, evidence of staff feeling confident to report safeguarding issues and procedures for staff escalating any safeguarding issues.

100% 1

Lot 2: Resident involvement in service design, improvement and decision making

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Quality weighting: 70% Price weighting: 30%


Page limits (sides of A4)


MS1.1 What types of innovative methods and mechanisms would you use to involve and engage residents in designing the services they receive from the Council, contributing to their improvement and performance measurement?

40% 3

MS1.2 What kind of information would residents need in order to effectively take part in service design, improvement and performance measurement and how would you ensure they have access to it and use it effectively to shape services?

20% 3

MS1.3 How would you support residents to identify needs and implement community-led solutions to problems within their neighbourhoods?

30% 2

MS1.4 How would you support the Council to incorporate the views of residents in service design and delivery

10% 1


MS2.1 Please provide an Operational Plan with key milestones for setting up and delivering services in Lot 2.This should set out in full supporting details of the staff and other resources which will be utilised. The Operational Plan should detail the Contractor’s management and control processes, which clearly indicate how you propose to manage the quality of the service (please refer to any quality management systems you propose to use during the term of the contract).

45% 4

MS2.2 Please include a Business Continuity Plan to ensure service delivery for the entire term of the contract. This should include partner organisations, the skills and experience of the key members of staff delivering the plan, how the service will be resourced to ensure continuity of resources throughout the contract term, staffing levels and other resources/assets that will be

15% 2

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required.


10% 1


15% 1

MS2.5 Please describe industry standards, legislative requirements and national policy changes you see affecting current and future service delivery.

15% 1


MS3.1 Please propose Key Performance Indicators, including baselines and targets that will demonstrate effectiveness of service and contribute towards achieving this Lot’s requirements and overall Outcomes detailed in Section 19 of the Specification. Key Performance Indicators should be SMART, and each must be addressed, and each Outcome must be addressed. Please note the guidance given in Table 2 of the Specification.

40% 2

MS3.2 Please propose the frequency of reporting against your Key Performance Indicators. Please note that it is an additional requirement to produce an annual report, annual service user questionnaire and case studies. Your proposed performance measures may be included within these requirements.

25% 2

MS3.3 How will you ensure the performance management system is flexible enough to encompass any emerging trends and demands relating to the service?

10% 1


25% 1-2

4 Social Value 10


50% 1

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50% 2

5 Equalities 5

MS5.1 How would you encourage general involvement as well as target and develop capacity to engage among harder to reach groups and people made vulnerable by factors contributing to disengagement such as +disability, disadvantage, language barriers among others?

100% 2

6 Safeguarding 5

MS6.1 Please describe how you will safeguard those at risk including training, acting on feedback, evidence of staff feeling confident to report safeguarding issues and procedures for staff escalating any safeguarding issues.

100% 1

Lot 3: Market research and Associated Publicity Quality weighting: 70% Price weighting: 30%


Page limits (sides of A4)


MS1.1 What types of innovative methods and mechanisms would you use to enable the Council to gain a clear understanding of its residents current and ongoing needs (requirements) as well as gain regular feedback on the services they receive from the Council?

50% 3

MS1.2 How would you ensure residents have effective access to the information and knowledge they need to effectively take part in new and/or existing engagement opportunities, including shaping the services they receive?

30% 3

MS1.3 What publicity and communication materials would you use with residents and how would you go about aligning these with the Council communications team

20% 1

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and corporate standards?


MS2.1 Please provide an Operational Plan with key milestones for setting up and delivering services in Lot 3. This should set out in full supporting details of the staff and other resources which will be utilised. The Operational Plan should detail the Contractor’s management and control processes, which clearly indicate how you propose to manage the quality of the service (please refer to any quality management systems you propose to use during the term of the contract).

45% 4

MS2.2 Please include a Business Continuity Plan to ensure service delivery for the entire term of the contract. This should include partner organisations, the skills and experience of the key members of staff delivering the plan, how the service will be resourced to ensure continuity of resources throughout the contract term, staffing levels and other resources/assets that will be required.

15% 2

MS2.3 How would you ensure this lot works effectively with the rest of the Resident Engagement Function (Lots 1 and 2) and contributes to corporate outcomes for resident engagement?

10% 1


15% 1

MS2.5 Please describe industry standards, legislative requirements and national policy changes you see affecting current and future service delivery.

15% 1


MS3.1 Please propose Key Performance Indicators, including baselines and targets that will demonstrate effectiveness of service and contribute towards achieving this Lot’s requirements and overall Outcomes detailed in Section 19 of the Specification. Key Performance Indicators should be SMART, and each must be addressed, and each Outcome must be addressed. Please note the guidance given in Table 2 of the Specification.

40% 2

MS3.2 Please propose the frequency of reporting against your Key Performance Indicators. Please note that it is an additional requirement to produce an annual report,

25% 2

20

annual service user questionnaire and case studies. Your proposed performance measures may be included within these requirements.

MS3.3 How will you ensure the performance management system is flexible enough to encompass any emerging trends and demands relating to the service?

10% 1


25% 1-2

4 Social Value 10


50% 1


50% 2

5 Equalities 5

MS5.1 How would you encourage general involvement as well as target and develop capacity to engage among harder to reach groups such as young people and black ethnic minorities and those made vulnerable by factors contributing to disengagement such as disability, disadvantage, and language barriers among others?

100%

2

6 Safeguarding 5

MS6.1 Please describe how you will safeguard those at risk including training, acting on feedback, evidence of staff feeling confident to report safeguarding issues and procedures for staff escalating any safeguarding issues.

100%

1

Quality evaluation

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The Method Statements shall be evaluated and scored in accordance with the table

below and shall have the appropriate weighting applied to obtain an overall weighted

score.

Scoring matrix for the quality criteria

0 Completely fails to meet required standard or does not provide a

proposal.

1 Proposal significantly fails to meet the standards required, contains

significant shortcomings or is inconsistent with other proposals.

2 Proposal falls short of achieving expected standard in a number of

identifiable respects.

3 Proposal meets the required standard in most material respects, but is

lacking or inconsistent in others.

4 Proposal meets the required standard in all material respects.

5 Proposal meets the required standard in all material respects and

exceeds some or all of the major requirements.

Pricing evaluation: 30%

Bid prices will be scored:

On a comparative basis with the lowest bid receiving 100% of the available marks (30% following weighting). All other bids will be compared [against that lowest bid] using the following formula:

(Lowest total price/own total price) x 100

Bidders are required to submit two separate pricing schedules, one pricing schedule will be taking into consideration TUPE applying and the other TUPE NOT applying. Bidders are required to submit both the pricing schedules. If both pricing schedules are not completed bidders will not be scored for the pricing component of the tender.

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5. TUPE

5.1 Tenderers shall take independent advice and make their own decision as to whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) as amended (together “TUPE”) apply to this contract. Tenders shall price their Tenders according to two discrete scenarios firstly, that TUPE applies to this contract. Secondly, that TUPE does not apply to this contract.

5.2 The service for the Resident Engagement for the Housing Service is currently provided to the Council under a contract which expires on December 2016

5.3 Please see Appendix C for TUPE information and submit further queries via the London Tenders Portal.

FINANCIAL AND ECONOMIC STANDING

6. THIS IS ASSESSED ON A PASS/FAIL BASIS. TENDERERS WILL BE REQUIRED TO PASS A

MULTI–STEP TEST TO MEET THE COUNCIL’S MINIMUM STANDARDS SATISFACTION OF THE

COUNCIL’S MINIMUM STANDARDS RELATING TO ECONOMIC AND FINANCIAL STANDING

RELATING TO ECONOMIC AND FINANCIAL STANDING AND PROFESSIONAL AND TECHNICAL

ABILITY.

1. Tenderers must:

i) Pass the ratio review; and

ii) Pass the Contract test.

2. If the Tenderer does not meet the multi-step test, then the Council reserves the right to fail the Tenderer at suitability assessment, in which case its submission will not be considered any further.

Each of the tests above are explained in more detail below:

RATIO REVIEW

The financial ratios / figures described in table 1 below will be calculated using the most recent audited annual report and if applicable other financial documents that have been provided as requested.

Figure / Ratio Calculation of Figure / Ratio

Gearing (%) Calculated as: Total Debt** x 100 (Total Debt + Equity) **Taken as current and non-current external bank related loans. Fail= 70% or higher

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The Council reserves the right to reject a tender if the Tenderer does not satisfy the Council’s Minimum Standards relating to economic and financial standing as outlined in above.

The Council reserves the right to send clarification questions to Tenderers on any part of the Financial and Economic information provided by the Tenderer.

Contract Test

Tenderers should provide examples of two (2) similar contracts they have carried out in the previous 3 financial years with public sector bodies or similar clients. Where Tenderers are not able to provide at least one example they should provide an explanation that includes a description of their relevant experience, Business Plan and details how this contract opportunity fits in with their Business Plan.

Tenderers that do not pass this Contract Test will not be considered further.

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APPENDIX A- EXAMPLE DEED OF GUARANTEE

BY THIS GUARANTEE dated the day of 2016. We____________________whose Registered Office is________________situated at__________

(hereinafter called “the Guarantor”), are held and firmly bound unto THE MAYOR AND

BURGESSES OF THE ROYAL BOROUGH OF KINGSTON UPON THAMES of Guildhall, High

Street, Kingston, Surrey, KT1 1EU hereinafter called “the Council”,

WHEREAS

1. This agreement is supplemental to a contract (hereinafter called “the Contract”) bearing even date herewith and made between (hereinafter called “the Contractor”) of the one part and the Council of the other part whereby the Contractor has agreed and undertaken to carry out services for the Council upon the terms and conditions more particularly described therein.

2. The Guarantor is the ultimate parent company of the Contractor. 3. The Guarantor has agreed to guarantee the due performance of the Contract in manner hereinafter

appearing.

4. NOW the Guarantor hereby agrees with the Council as follows; i. If the Contractor (unless relieved from the performance by any clause of the Contract or by statute

or by the decision of a tribunal of competent jurisdiction) shall in any respect fail to execute the Contract or commit any breach of its obligations thereunder or shall cease to exist then the Guarantor will indemnify the Council against all losses, damages, costs and expenses which may be incurred by it by reason of any default on the part on the Contractor in performing and observing the agreements and provisions on its part contained in the Contract.

ii. The Guarantor shall not be discharged or released from this guarantee by any agreement,

conduct, omission, breach or repudiation by the Contractor of the Council or by any forbearance whatsoever on the part of the Council.

iii. If any question or dispute shall arise as to the amount of any such losses, damages, costs and

expenses such question or dispute shall be referred to an arbitrator to be agreed upon by the parties hereto or in default of such agreement to be nominated by the President of the Law Society or in the case of this incapacity by the Vice-President thereof the award of such arbitrator shall be final and binding on the parties hereto. IN WITNESS whereof the Guarantor has caused its Common Seal to be hereunto affixed to this deed the day and year first above written. The Common Seal of the Guarantor ___________________________________ Was affixed in the presence of:- Director Secretary

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APPENDIX B - EXAMPLE FORM OF BOND

BY THIS BOND

We,

whose registered office is at

in the County of

hereinafter called “the Surety”, are held and firmly bound unto THE ROYAL BOROUGH OF KINGSTON UPON THAMES of Guildhall, High Street, Kingston upon Thames, Surrey, KT1 1EU hereinafter called “the Council”,

in the sum of Pounds (£

)

for the payment of which sum the Surety is bound by this Bond.

Sealed with our seal and dated this ____________day of ______________2016.

WHEREAS by an Agreement made between the Council of the one part and

__________________

(the Contractor) of the other part the Contractor entered into a Contract (hereinafter

called “the Contract”) for the performance of Services as therein mentioned in

conformity with the provisions of the Contract.

NOW THE CONDITION of the above-written Bond is such that if the Contractor shall duly perform and observe all the terms, provisions, conditions and stipulations of the Contract on the Contractor’s part to be performed and observed according to the true purport, intent and meaning thereof or if on default by the Contractor, the Surety shall satisfy and discharge the damages sustained by the Council thereby up to the amount of the above-written Bond then this obligation shall be null and void but otherwise shall be and remain in full force and effect but no alteration in the terms of the Contract made by agreement between the Council and the Contractor or in the extent or nature of the Services to be performed thereunder and no forbearance of forgiveness in or in respect of any matter or thing concerning the Contract on the part of the Council or any Authorised Officer of the Council shall in any way release the Surety from any liability under the above-written Bond.

THE COMMON SEAL of the Surety was ) affixed in the presence of: )

DIRECTOR

SECRETARY

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APPENDIX C – TUPE DETAILED INFORMATION

TUPE

At the point when the tender documentation for resident engagement was published,

it was unclear whether or not Section 3 (1) (b) of the TUPE regulations 2006 with the

2014 amendments applied to the three council staff undertaking resident

engagement activities. This would be determined by the future delivery model and

would require further assessment.

This is still the case, however following a restructure of the Housing Service (which is

now complete) there is only one role - the Resident Engagement Officer – which is

possibly within scope of TUPE. The other two staff have found a new role within the

organisation.

Therefore if TUPE does apply to this role, the following information would apply:

Option 1

The member of staff is subject to TUPE:

1 FTE, F/G grade (salary range £24,510 to 31,998) 30 days Annual Leave owing to length of service with banked leave to be taken by 2017. In LGPS Pension fund

They qualify for redundancy payments.

LGPS CARE Scheme Employee Contribution Rates – 2016-17

LGPS Band LGPS Annual Actual Pensionable Pay Range

Employee Contribution Rate

1 Up to £13,600 5.50%

2 £13,601 to £21,200 5.80%

3 £21,201 to £34,400 6.50%

4 £34,401 to £43,500 6.80%

5 £43,501 to £60,700 8.50%

Option 2

The member of staff is not subject to TUPE.