473 - Human Resources Management IT System Solution

Transcription

1 Tender Documents: CPI Tender 473 Tuesday 10 th March Human Resources Management IT System Solution Procurement Procedure Followed: Below Threshold Open Tender

2 The Centre for Process Innovation (CPI) uses applied knowledge in science and engineering combined with state of the art development facilities to enable our clients to develop, scale up and take new products and processes to market. We provide solutions for the pharma, food, chemical, energy, transportation and printable electronics markets. CPI helps to develop and introduce the next generation of processes and products by reducing risk, reducing cost and increasing the speed of development programmes. We do this by bringing together unique, flexible assets with outstanding engineering talent and market knowledge supported by sustained public investment in our open innovation model. We aim to improve the business performance of our clients by combining our unique asset base with market knowledge and technology understanding to develop, demonstrate and prototype commercially viable and technically robust products and processes. CPI works across a range of technology platforms that offer the largest potential impact on the future of manufacturing within our target markets. We provide process and product development facilities in printable electronics, industrial biotechnology, smart chemistry, anaerobic digestion and thermal technologies with the overall aim of creating lower waste, cleaner, more efficient and more economic products and processes. The major markets that use the outcomes of our work are: transportation, built environment, pharmaceuticals, personal care, materials production, electronics, food, energy, waste and lighting.

3 Contents 1 Invitation to Tender Instructions to Tenderers Confidentiality of Tenders / No Collusion Binding Offer Qualifications Incomplete Tenders Performance Enquiries Variant Tender(s) Prices Value Added Tax (VAT) Submission of Tenders Tender Validity Right to Accept Portion of Tender; Lowest or Any Tender Conditions of Contract Cancellation Exclusion of Liability Complaints Tender Specification Scope and Specification Response to Tender Evaluation of Tenders Contacts Contractual Terms Contractual Terms Binding Offer Declaration

4 1 Invitation to Tender 1. You are invited by the Centre for Process Innovation Limited (from now on referred to as CPI) to submit a tender for provision of a Human resource IT System to enable CPI to efficiently and effectively manage our Employee information, performance and training, as described in the TENDER SPECIFICATION. 2. It is highly recommended that you confirm your interest in tendering for this piece of work on receipt of the Tender Documents. Confirming your interest in tendering for this piece of work can be done by or in writing to the contact given in INSTRUCTIONS TO TENDERER paragraph 10.3 below, but an expression of interest shall not of itself be a formal tender submission. Note that it is the Tenderer s responsibility to ensure that the contact details provided at this stage are correct and up to date throughout the tender process. 3. Please read all the documents listed in the BINDING OFFER and seek guidance from the named contacts as appropriate if you have any queries. Should you be successful, these documents and any subsequent correspondence between you and CPI will form a binding contract between you and CPI. 4. A full copy of the tender document, with the BINDING OFFER section complete, must be returned with your submission. 5. Technical information about this contract can be obtained through the contact as stated in the TENDER SPECIFICATION. 6. Throughout this document, the expressions Tenderer, You, We and our (as the context requires) refer to the legal person who wishes to contract with CPI, whether they are an individual, partnership, company, or any other valid legal entity in any jurisdiction, and such expressions do not refer to the individual who is completing this documentation on behalf of the Tenderer. 7. This tender is run in accordance with public procurement requirements for below threshold contracts. These rules apply to all publicly funded contracts up to the value of 172,514. Any bids exceeding the upper limit of this threshold will be disqualified. 4

5 2 Instructions to Tenderers 1 Confidentiality of Tenders / No Collusion 1.1. All tender documents are PRIVATE AND CONFIDENTIAL. All information concerning the tendering or performance of this contract is to be treated as highly confidential, and for the avoidance of doubt, all ownership and intellectual property rights concerning all aspects of this tender remain fully with CPI Please note the following requirements, any breach of which will invalidate your Tender: You must not tell anyone else, even approximately, what your tender price is or will be, before the date of contract award You must not try to obtain any information about anyone else s tender or proposed tender before the date of contract award You must not make any arrangements with another party about whether or not they should tender, or discuss details of Tender prices except where Tenderers are considering joint or team bids, which will be accepted providing all participants to the discussions surrounding the bid are clearly stated in the tender response Tender documents must not be sent by before the specified deadline as this will invalidate the tender. 2 Binding Offer 2.1. The BINDING OFFER must be completed, signed and submitted in accordance with these Instructions together with your detailed Response to Tender prepared in accordance with section 2 of the TECHNICAL SPECIFICATION Response to Tender below. All documents connected with the tender must be completed in English, fully priced in Pounds Sterling and totalled. The documents should either be typed or completed in ink There should be no unauthorised alterations or additions to any component of the tender documents. Prices etc. may be altered by striking through the incorrect figures and inserting the correct figures above them. All alterations must be initialled. 3 Qualifications 3.1. Tenders must be submitted in accordance with the tender documents. CPI may not consider any tender which is disqualified by any terms or conditions of contract submitted by you, or general reservations, however expressed. 5

6 4 Incomplete Tenders 4.1 CPI may not consider tenders that do not contain all information and particulars requested. 5 Performance 5.1 It should be clearly stated that performance and delivery of the goods and/or services offered in your Response to Tender will be in full compliance in terms of quality, time and completeness as specified in these documents. Time of delivery is of the essence. Where so specified in the TENDER SPECIFICATION it is a condition of the contract that you will provide any applicable performance bond, parent company guarantee or submit to any applicable escrow mechanism. 6 Enquiries 6.1 All requests for clarification or further information in respect of this Tender should be ed to e-tendering@uk-cpi.com with the Tender reference number in the title of the If CPI considers any question or request for clarification to be of material significance, both the question and the response will be communicated, in a suitably anonymous form, to all Potential Providers who have expressed an interest in the tender; or those that show an interest before the closing date of the tender. 7 Variant Tender(s) 7.1 CPI will only accept variant tenders (at its sole discretion) if they meet the minimum specification detailed in the TENDER SPECIFICATION (or in the absence of a defined minimum specification in the TENDER SPECIFICATION, meet and exceed all criteria of the TENDER SPECIFICATION). 7.2 Variant tenders will be evaluated against the published evaluation criteria. 7.3 Variant tenders submitted which do not meet the minimum specification detailed in the TENDER SPECIFICATION (or in the absence of a defined minimum specification in the TENDER SPECIFICATION, meet all criteria of the TENDER SPECIFICATION) will be deemed non compliant. 6

7 8 Prices 8.1 All unit rates and prices must be quoted in Pounds Sterling and decimal fractions of a pound. There is no restriction on the number of decimal places, but the product of multiplying the rate by the quantity must be expressed in Pounds Sterling and whole Pence. 8.2 Your Tender Price or Rates must be fixed for the period of the contract. 9 Value Added Tax (VAT) 9.1 Tendered prices must exclude VAT. Where indicated VAT should be shown separately. Invoices must show VAT separately. 10 Submission of Tenders 10.1 Three hard copies of your tender and proposals must be delivered no later than 12:00 Noon on, Wednesday 25 th March One copy on CD* should be mailed at the same time. (*a USB Memory Stick is acceptable in place of a CD) 10.2 Please be aware that we cannot accept tender submissions by . Please also note that we cannot under any circumstances accept electronic copies of tenders in lieu of hard copies Hard copies of Tenders must be sealed in an envelope clearly marked TENDER DOCUMENTS ENCLOSED and the TITLE and NUMBER OF THE TENDER must be identified on the envelope and returned to: Confidential Tender Documents For the Attention of BEN WESTWOOD Centre for Process Innovation Wilton Centre, Wilton Redcar TS10 4RF e-tendering@uk-cpi.com 7

8 10.4 CPI reserves the right to reject any tender received after the Tender Deadline for whatever reason. It is recommended that tenders be sent by registered post; recorded delivery service; Datapost or delivered by hand. The envelope, including the franking, and any associated paperwork delivered with the tender envelope must not identify the sender Please consider the environment, where possible we would appreciate double sided printing, the use of recycled or sustainably sourced paper and copies being bound with reusable binders 11 Tender Validity 11.1 Tender(s) should remain open for acceptance for a minimum of 90 days from the Tender Deadline or for such other period as may be specified by CPI The contract shall be for a period as required for delivery of goods and/or services, plus meeting obligations for guarantee of performance, as detailed in the TENDER SPECIFICATION and unless terminated or extended by CPI. 12 Right to Accept Portion of Tender; Lowest or Any Tender 12.1 Unless stipulated otherwise by the Tenderer, CPI reserves the right to accept any part of the tender. CPI is not bound to accept the lowest tender, or any tender, or part thereof. 13 Conditions of Contract 13.1 CPI recognises that the terms and conditions will differ depending upon which company is successful in this tender. As such CPI will evaluate each company s terms and conditions as part of this tender process and the terms and conditions provided by the successful tenderer will form the contractual terms of this contract. 14 Cancellation 14.1 CPI reserves the right to cancel or withdraw this Tender at any stage. 15 Exclusion of Liability 15.1 CPI shall not be held liable for any costs incurred in preparing or re-preparing your tender submissions. 8

9 16 Complaints 16.1 If you have a complaint or grievance regarding this procurement process please contact: Louise Barker Business Services Manager Centre for Process Innovation Wilton Centre, Wilton Redcar TS10 4RF louise.barker@uk-cpi.com Telephone: +44 (0)

10 3 Tender Specification 1 Scope and Specification 1.1 Introduction to CPI The Centre for Process Innovation Limited (CPI) is a company limited by guarantee, and a not-forprofit organisation in receipt of public funds from the EU and UK government for specific projects. It is also the major partner in the UK s recently formed High Value Manufacturing Catapult national innovation centre of excellence, funded by the Technology Strategy Board under the control of the Department for Business, Innovation and Skills. CPI was set-up in April 2004 to address innovation in the process industries which is a major and key industrial sector for the UK's future. The CPI business model has already delivered substantial benefit because it links the needs of business to CPI assets and technology expertise in two main technology areas: Advanced Manufacturing for the Process Industries CPI develops advanced manufacturing technologies for the process industries. Markets served include energy, high value chemicals, carbon capture and pharmaceuticals. This business unit is home to the National Industrial Biotechnology Facility. Printable Electronics CPI is home to the National Printable Electronics Centre where we transfer experimental processes to manufacturable products. It targets barrier coatings, advanced material deposition processes, printable electronic materials, printable circuits for high resolution display and smart packaging applications, solid state lighting and organic photovoltaics. CPI has a wholly owned subsidiary, CPI Innovation Services Limited (CPIIS), which is its commercial trading arm and offers contract research and development services, customer development projects, equipment access and consultancy on a normal commercial basis. 10

11 1.2 Scope of Contract This contract is for the provision of a system to assist CPI s Human Resources department with the management of Empolyee Records, Staff development and Recruitment. This contract will also cover the ongoing maintenance and training/support in relation to the system. Division of Contract into Lots CPI has made an assessment that this contract is not suitable to be divided into lots. In order to ensure continuity of service / supply we require one supplier to be responsible for the performance of the contract. If you are able to provide some but not all of the scope of services, CPI will accept consortium/joint tenders. For consortium/joint tenders please provide full details of the companies involved and the proposed structure. Please note that all parties to the contract should complete Binding Offer and declaration (Mandatory and Discretionary Grounds for Exclusion). 11

12 1.3 Technical Specification The HR system project is being managed by the HR department with support from the IT department. The new system will be managed by HR in order to maintain accurate records for all our employees and to provide management information to stakeholders. The successful company will work with CPI to install the human resource management IT system including full migration of existing employee data from the current system (Simply Personnel). The system needs to be able to meet current business needs (outlined in this document) as well as provide scope for future growth and requirements. The system should be modular, allowing CPI to stage implementation of modules over time if required, the timescales for implementation will not exceed 3 years and CPI reserves the right to purchase the modules together or separately within this time. The System The new user friendly system will fulfil the operational requirements of the business and include functionality in 3 key areas: Employee Records, Staff Development and Recruitment. The system will have a comprehensive user interface to enable the management of the staffing at CPI as well as a user friendly self-service module providing access for each employee to their own information as well as allowing managers to access appropriate information regarding their direct reports. The system will provide reporting functionality, enabling CPI to create bespoke reports across multiple teams, departments and companies. Data should be presented in a useable format, limiting the need to edit data for presentation. All data should have the option to be exported into an excel file. For common reports the ability to set up templates should also be available. The user dashboard should include a task and reminders list (including Red/Amber/Green status) with click through to the relevant section to enable completion. Reminders should be aligned to key tasks such as probation reviews, performance reviews, return to work, fixed term contract expiry and other common HR tasks. Security The system will require 3 levels of access: HR (full access), Manager (team level access) and employee (self-serve) access. Access should be at individual level, with secure password protection. CPI should be able to amend user access and viewing rights as required through a secure process. The system should have the ability for the administrator to set up groups and grant full, partial, read-only access to a specified group of records. The system should therefore allow modular access to employee records. For example Managers will have access to their team record 12

13 allowing them to send changes to HR for approval. Managers should have partial read only access to all employees in their team or function allowing them to monitor performance, absence and training. All data from the system will be held on CPI s servers and have an appropriate level of encryption and protection. Please detail how your solution will meet this requirement including the encryption and protection levels in your proposal. Ability to set up delegation of approval in the event of manager absence with restricted access (determined by HR) through own password and access. The system should be fully secure in line with the Data Protection Act and protect confidentiality. Module 1 - Managing Employee Records The HR system will be the primary location for the management of employee records. The system should allow the HR department to create and manage employee records including: Personal information (aligned to CPI employee number) including name, address, date of birth, identification to fulfil Asylum and Immigration laws (valid passport, driving licence, birth certificate, national insurance number, Visa), emergency contact information, medical contact numbers. New starter set up triggering an to manager to support employee inductions. Employer information(which company within the CPI group is the employee contractually aligned to) and location. Contractual information including type of contract, probationary triggers, fixed term end dates, notice period and similar. Salary, benefits (car allowance, health care, relocation packages, long service awards) and bonus information (including historical data) to create a total reward statement. Hierarchical structure (editable) and reporting lines which feed into the management level access within the self-service modules. Absence management including holidays (hourly tracking, pro rata allowance, balance and carried forward), sickness based on Bradford Factor (including paid/unpaid and authorised/unauthorised) and other absences (parental leave, maternity, paternity, jury service, bereavement, trigger for return to work interviews, sickness on days on declined holidays and other patterns). 13

14 Adjustment to working hours (flexible working requests) including review/expiry dates as appropriate. Performance management (including recording of objectives and targets, review documentation, employee self-assessment and manager appraisals). System should enable both manager and employee to access and update relevant information with appropriate tracking and approval mechanisms in place for any changes made. Performance management will happen twice a year and output should link into training module as well as manual creation of actions. Asset log for company equipment allocated to employee (i.e. laptop, mobile phone etc) Leavers (date of resignation, last day on site, last day of employment, reason for leaving, exit interview, finalisation of employment). Online copy of employee handbook, including automatic to staff for changes and tracking. Ability to record notes as required. Please note payroll is handled separately through Sage 50, a degree of reporting will be required within the new system on payroll matters such as salary expenditure. Module 2 - Recruitment The ability to manage the full recruitment process: Advertising the position with full job specification. Receiving applications from candidates including mandatory requirement first stage sift. Automated and template responses for invitation to interview (including multiple stage option), rejection at application stage, rejection at interview stage and offer. Transition of successful candidate record into employee record. Module 3 - Training The ability to manage the ongoing development needs across the organisation including, but not limited to: Full course catalogue including overview of course, learning outcomes, provider, duration, how to schedule/book other relevant courses, direct costs and other relevant information. Search function to enable identification of options. 14

15 Ability to highlight relevant training and development opportunities linked to the output of performance appraisals. Online booking including waiting list management by course not date. Distinction between training courses, Continuous Professional Development and ongoing qualifications to enable Return On Investment calculations, training agreements and time management. Database of course providers including budget spend and volume delivered Collation of training evaluation including feedback forms (aligned to individual, course and training provider). Automated joining instructions including automatic populating of outlook calendar on acceptance and follow up s. Courses aligned to employee training record. Non-attendance reporting (reason for non-attendance, cost incurred and cross charging if applicable). Job level training roadmaps detailing mandatory courses including reminders and follow up. Including competency requirements for the individual s current role and the competency requirements for other roles in the organisation. The ability to report on lost time, budget spend and running totals per individual, team or department. Automatic reminders for expired training courses. Tracking of own development at individual level. Distribution of learning materials across the organisation including assessments attached to a particular training event or development activity. Reporting The HR system must provide functionality for bespoke reporting, using a range of parameters including location, organisation, function, team and individual. The system should allow for predefined reports used on a regular basis as well as the ability to create new reports. All reports should be presented in a clear, concise manner for stakeholder engagement including graphical options. 15

16 The system should allow reporting across a combination of 3 companies (able to choose all combinations and separately) within the group, as well as sub-sections (departments, teams, locations etc) of companies to enable comparison. Example standard reports required: Headcount (full group, company, departmental). Ability to split by contract type (permanent / temporary / fixed term) New starters report. Probation report. Holidays (approved and pending approval) Salary and benefits (pay report). Salary reporting should allow for reporting on a set (historical) date. Pay rise reporting. Hierarchy report (reporting lines at point in time) Performance management reporting (completion and output). Absence reporting (sickness, other absences) Training attendance. Lost time reports (sickness, training and other absences). Training cancellations. Training spend by department, company and team. Performance, competence and capability reporting at individual, team, departmental, job role and organisational level. Leavers report. Moment in time reporting to analyise data at a particular date. Self-Service The HR system should have a self-service module allowing employees to access limited information (determined by HR) on their own records. The self-service option should be simple to use and provide: 16

17 Ability to view personal information. Submission of changes to personal information (with approval process and historical tracking). Holiday and absence booking and updating (with approval from manager). Performance Management documentation completion (employee preparation and selfassessment). View and print of individual performance targets and objectives. Access to employee handbook, including ability to confirm reading updates. Manager level access with ability to view key information (determined by HR) regarding employees within team, holiday approval, training approval and performance management (document) completion. Manager overview of team including forthcoming actions (prompts) and team level holiday calendar. The system will have a comprehensive user interface to enable the management of the staffing at CPI, as well as a user friendly self-service module providing access for each employee to their own information as well as allowing managers to access appropriate information regarding their direct reports. The main system must be server based, installed on CPI s internal system (not cloud based) in order to meet the minimum security requirements and the supporting self service module must include a web interface to allow ease of access without the need for installation on individual computers. IT Infrastructure Requirements The system must meet the following technical specifications: Server based (we will not consider cloud based systems). Windows 2008 R2 64-bit. Microsoft Hyper-V. SQL Server Express (preferred) LDAP integrated Compatible with Windows 7 (32/64 bit) and Microsoft 2007 /

18 2 Response to Tender Your Response to Tender should explain in detail how you propose to provide the goods and / or services as outlined in the Technical Specification above. In preparing your Response to Tender, please be sure to include the following information in your bid: STAGE 1 Experience of Delivering Similar Systems 1. Previous Experience of Delivering Similar Systems A minimum of 3 examples consisting of but not limited to; a. Summary of contract brief and description of system supplied b. Duration of Implementation c. Testimonial from Customer showing successful completion Compatibility with IT infrastructure 2. Details of ability to meet the IT infrastructure requirements detailed above. STAGE 2 Price 3. Full Breakdown of costs for each system module as follows; - Module 1 - Employee Records - Module 2- Recruitment - Module 3 Training - Any costs associated with installation and/or commissioning - Fixed rates for ongoing development and support services. - Costs for training for the system, showing both the Initial training requirement and any ongoing training Technical Specification 4. Full technical specification of the system, clearly demonstrating how the system meets the technical specification. 18

19 5. Details of software upgrades policies and/or procedures, stating how major and minor upgrades are classified and how the vendor manages upgrades. Methodology and timescales for delivery/integration/implementation 6. Methodology or Approach to meet the objectives including a. Installation and Migration Methodology including timeframe for completion b. Details of project delivery timelines (in the form of a GANTT Chart) clearly showing the timeframe for each stage of the project and separated into the specific modules. Training / Technical Support / After Sales 7. Details of training for the system, showing both the Initial training requirement and any ongoing training. 8. Details of ongoing development and support services. Terms and Conditions 9. A copy of your Terms and Conditions that you propose to form the Contractual Terms of this agreement 10. General Due Diligence please provide: a. Details of quality assurance (QA) system complying with the requirement of ISO 9001 (or equivalent) and to what part or parts of the organisation this applies. If ISO 9001 is quoted then details of which part or parts are held should be quoted.* b. Details of any relevant Environmental Policy or Corporate Social Responsibility policy held by the company.* c. Confirmation that three (3) years audited accounts can be made available to view, if called for. * d. Copies of insurances held: Public Liability, Employers Liability, Professional Indemnity, Product Liability. * e. Details of any items to which you have answered YES in Paragraph 2 of the BINDING OFFER *please note - this information is requested as part of the due diligence CPI conducts when appointing suppliers and is requested in line with standard business practices. This information will not be used in the evaluation of this tender and will not affect the outcome of the tender evaluation. 19

20 3 Evaluation of Tenders 3.1. Bid evaluation will take into account: Bids will be evaluated in a Three-stage process. In the first stage we will assess the supplier s capability and/or suitability to provide the goods/services against the selection criteria below. All bidders who pass the first stage evaluation will be evaluated against the second stage award criteria in order to identify the most economically advantageous tender. Where sufficient bids meet the contract requirements, 3 to 5 bids will be shortlisted and invited to participate in stage 3, a demonstration of the software. Stage 1 Selection Criteria Weighting Experience of delivering similar systems Compatibility with IT infrastructure Stage 2 Award Criteria All bids which pass all elements of Stage 1 will be evaluated against the award criteria in Stage 2 Pass/Fail Pass/Fail Weighting Price 35% Quality Technical Specification 35% Methodology and timescales for delivery/integration/implementation 10% Training / Technical Support / After Sales 10% Terms and Conditions 10% Stage 3 The 3 bidders with the highest score from Stage 2 will be invited to demonstrate their product. From this an overall winner will be selected. Software Suitability 100% 20

21 3.2. CPI reserves the right to hold clarification interviews with any of the bidders as part of the evaluation process. 4 Contacts If you have any questions concerning the tender please e-tendering@uk-cpi.com 21

22 4 Contractual Terms 1 Contractual Terms CPI recognises that the terms and conditions will differ depending upon which company is successful in this tender. As such CPI will evaluate each company s terms and conditions as part of this tender process and the terms and conditions provided by the successful tenderer will form the contractual terms of this contract. 22

23 5 Binding Offer Tender For: Human Resources Management IT System Solution Tender number: 473 Company Name: (Lead company if joint bid) Registered Office Address: Postcode: SME (Please circle as applicable): YES / NO Company Number and VAT Number: Name of Main Contact: Address : (If different from above) Postcode: Telephone Number: Total Bid Price: (Including expenses but excluding VAT) and/or Hourly Rate: (If applicable) Where did you read about this tender: CPI Website Mytenders.org OJEU Other, please state: 23

24 Declaration Part A CPI is required by law to exclude Tenderers from participating in this Procurement if a Tenderer cannot answer No to every statement in Section 5 Binding Offer Part A, the Tender will be rejected and disqualified from further participation in this procurement. Part B CPI is entitled (in its sole discretion) to exclude a Tenderer from further participation in this procurement if any of the statements in response to Section 5 Binding Offer Part B, (Discretionary grounds for rejection) apply. If a Tenderer cannot answer No to every statement it is possible that the Tender will be rejected and disqualified from further participation in this procurement. If any of the statements do apply, the Tenderer should set out the full facts of the relevant incident and any remedial actions taken. The information provided will be taken into account by CPI in considering whether or not the Tender will be permitted to proceed any further in this procurement process. Part A - Grounds for Mandatory Rejection: Declaration of non-criminality and of automatic disqualification under the Public Contracts Regulations 2015 (SI 2015 No. 102) Regulation 57(1). Do any of the following circumstances as set out in the Public Contracts Regulations 2015 (SI 2015 No. 102) Regulation 57(1) to (3) apply to the business named in this BINDING OFFER (and/or its directors, and/or any other person who has powers of representation, decision or control of such business)? Please circle as applicable: (a) conspiracy under section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 which is related to participation in a criminal organization as defined in Article 2 of the Council Framework Decision 2008/841/JHA; (b) corruption within 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; 24

25 (c) the common law offence of bribery; (d) bribery within section 1, 2 or 6 of the Bribery Act 2010 or section 113 of the Representation to the People Act; (e) 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 common law offence of cheating the Revenue; the common law offence of conspiracy to defraud; fraud or theft within the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; fraudulent trading within section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006; fraudulent evasion within section 170 of the Customs and Excise Management Act 1979 or section 92 of the Value Added Tax Act 1994; an offence in connection with taxation in the European Union within section 71 of the Criminal Justice Act 1993; or destroying, defacing or concealing of documents or procuring the execution of a valuable security within section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969; fraud within section 2, 3 or 4 of the Fraud Act 2006; making, adapting, supplying or offering to supply articles for use in frauds within section 7 of the Fraud Act 2006; or the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making adapting, supplying, or offering to supply articles for use in frauds within the meaning of section 7 of that Act; (f) any offence listed: i) in section 41 of the Counter terrorism Act 2008; or ii) in Schedule 2 to that Act where the Court has determined there is a terrorist connection; (g) any offence under sections of the Serious Crime Act 2007 which relates to an offence covered by subparagraph 25

26 (h) money laundering within section 340(11) of the Proceeds of Crime Act 2002; (i) an offence in connection with the proceeds of criminal conduct within section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996; (j) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004; (k) an offence under section 59A of the Sexual Offences Act 2003; (l) an offence under section 71 of the Coroners and Justice Act 2009; (m) an offence in connection with the proceeds of criminal conduct within section 49, 50 or 51 of the Drug Trafficking Act 1994; or (n) any other offence within the meaning of Article 57(1) of the Public Contracts Directive (i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or (ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland; (o) any person convicted is a member of the administrative, management or supervisory body of that company or has powers of representation, decision or control in the economic operator; (p) any breach of obligations relating to the payment of taxes or social security contributions; (q) such breach has been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of the country in which it is established or with those of any of the jurisdictions of the United Kingdom; 26

27 If any answer to 1 (a) to (q) is YES your bid will be disqualified from further involvement in this Procurement. Part B - Grounds for Discretionary Rejection: Declarations regarding discretionary disqualifications under the Public Contracts Regulations 2015 (SI 2015 No. 102) Regulation 58(8). Do any of the following circumstances as set out in the Public Contracts Regulations 2015 (SI 2015 No. 102) Regulation 58(8) apply to the business named in this BINDING OFFER (and/or its directors, and/or any other person who has powers of representation, decision or control of such business)? Please circle as applicable: (r) there has been a violation of applicable obligations in the fields of environmental, social and labour law established by EU law, National Law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Public Contracts Directive (s) the bidder is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State; (t) the bidder is guilty of grave professional misconduct, which renders its integrity questionable; (u) the bidder has entered into agreements with other economic operators aimed at distorting competition; (v) there is a conflict of interest relevant to this procurement procedure (w) there is a distortion of competition as a result of prior involvement of the bidder in the preparation of the procurement procedure; 27

28 (x) the bidder has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions; (y) the bidder is or has been guilty of serious misrepresentation in providing information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; (z) the bidder has undertaken to unduly influence the decision-making process of the contracting authority; or obtain confidential information that may confer upon it undue advantages in the procurement procedure; or negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award. If any answer to 2 (r) to (z) is YES please give full details in the Tender Response including of any court actions and/or industrial tribunal hearings. 28

29 1 Declaration of Binding Offer All of the information provided in the Tender Response, and in particular in the Binding Offer is true to the best of my/our knowledge and I/we understand that if this information is found to be false our bid may be excluded. I/We have read the documents a), b), c), d), e) and f) listed below which we have examined, understand and accept and we offer to supply the goods and/or services specified on the basis set out Paragraph 2 below, at the rates or prices quoted, and we hereby agree that our tender is a legally binding offer, which upon acceptance in writing by CPI shall form a legally binding contract between us and CPI on the basis set out in Paragraph 2 Agreed Contract below. 2 Agreed Contract We agree that this tender and the contract which will result from it, if we are successful, shall be made up of the provisions in the documents listed below: a) Invitation to Tender b) Instructions to Tenderers c) Tender Specification d) Binding Offer e) Response to Tender (including any other clarifications to the Response to Tender provided by us at CPI s specific request which are marked by CPI as being incorporated into the contract) f) The CONTRACTUAL TERMS above g) CPI Purchase Order All of which shall apply to the successful tender. 29

30 3. Law We agree that any contract that may result from this tender shall be subject to the law of England. 4. Confidentiality / No Collusion We declare that we have abided by the Confidentiality of Tenders / No Collusion requirements set out in the Instructions to Tenderers. 5. Offer Validity All of this Binding Offer (including but not limited to the prices quoted) is valid for acceptance and cannot be withdrawn by us for 90 days from the tender return date. Signed: Date: Print Name: Position: Duly authorised to sign tenders for and on behalf of: (Full legal name of the Tenderer in BLOCK CAPITALS) Postal Address: Telephone No: CPI Wilton Centre, Wilton, Redcar, Cleveland, TS10 4RF, United Kingdom T: +44 (0) F: +44 (0) E: info@uk-cpi.com W: 30