Tender Request For. The Provision of Time Management and Attendance System for the Office of the Regulator of the National Lottery.

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1 Tender Request For The Provision of Time Management and Attendance System for the Office of the Regulator of the National Lottery. Important Notice Completed tenders must be received no later than 5 p.m. on 25 September 2015 Any queries concerning this document should be addressed to: Mr. Conor Ó Droma Office of the Regulator of the National Lottery Block D, Garden Level Irish Life Centre Lower Abbey Street Dublin 1 Tel: (01) procurement@rnl.ie Please note any queries regarding this tender must be made no later than 5 p.m. on 21 September Any queries submitted after this date will not be entertained. 1

2 Table of Contents Introduction.3 Nature of Services Required.4 Required Format of Tender..9 Evaluation of Tenders and Award Criteria 12 General Conditions of Tender..14 Appendix A Tender Declaration Form...20 Appendix B Costs..21 Appendix C O.R.N.L Flexible Working Hours..22 Appendix D Reference / Detailed Example Form 23 2

3 1.1 Summary 1. Introduction The Office of the Regulator of the National Lottery (O.R.N.L) invites tenders for the provision of the following service: To provide a Time and Attendance Management System to the Office of the Regulator of the National Lottery. The O.R.N.L is now seeking tenders from interested parties for the customisation, supply and installation of a computerised Time and Attendance Management System with time recording facilities and related maintenance, training and support services. 1.2 History and Background to the Regulator On 27 February 2014, the Minister for Public Expenditure and Reform granted a licence to operate the National Lottery to Premier Lotteries Ireland. The award of the 20 year licence followed a competition which took place between May and October The licence was granted in accordance with the terms of the National Lottery Act Premier Lotteries Ireland took over the operation of the National Lottery on 30 November The National Lottery Act 2013 established the post of Regulator of the National Lottery and the first Regulator took up the position on 17 November The establishment of an independent regulatory office is one of the key components of the revised model for the National Lottery provided for in the Act. Under the Act, the Regulator may appoint staff and the Office currently has sanction for 10 members of staff. The role and functions of the Regulator of the National Lottery are set out in the National Lottery Act The Act provides that the principal function of the Regulator shall be to procure the holding of the National Lottery. The Act also requires the Regulator to ensure: (a) That the National Lottery is run with all due propriety (b) That the interests of participants in the National Lottery are protected (c) That the long term sustainability of the National Lottery is safeguarded and (d) That, subject to the above, revenues raised by the National Lottery for good causes are as great as possible, subject to any terms in this regard contained in the licence. The Regulator is also responsible for managing and controlling the National Lottery Fund. 3

4 2. Nature of Services Required 2.1. Purpose of the project The purpose of this Invitation to Tender (ITT) is to seek tenders from interested parties for the supply and installation of a new computerised Time and Attendance Management System with an integrated on-line leave application system. It must provide the tools necessary to monitor and control attendance of staff, implement fully the Organisation of Working Time Act 1997, and support existing initiatives within the Public Service in relation to flexible working arrangements. The system must cater for a minimum of 10 employees. It should be possible to cater for the transaction traffic of these employees clocking in and out in accordance with The O.R.N.L Flexible Working Hours Policy (Appendix C). It must provide employees with real time information on cumulative hours worked including excess/deficit hours over normal working day/week/4 week cycle. The system must provide managers with computerized access to timekeeping data and have the capability to generate fully customisable management reports for their staff. It must also include a report writing function for Human Resources (HR) to generate reports including annual leave reconciliations; infringement reports; sick leave information; training days; business absences etc. for all staff 2.2. General Requirements The successful tenderer will be responsible for the complete and successful implementation of the Time & Attendance Management System and must produce a detailed implementation plan showing the proposed sequence of work, anticipated timescales, and other necessary activities to successfully complete the implementation. An outline of this implementation plan, including training, must be included in the proposal. The proposed method for site preparation, including system installation, testing, application training and finally handing over to O.R.N.L staff, is to be clearly stated Company details including number of years in operation, number of staff employed, ownership rights to proposed software and any other information deemed relevant for the purpose of this project. 4

5 The successful tenderer must supply at least the following resources for the duration of the project: Project Manager Project Team with the necessary levels of skills and experience Training Resources The proposal must include a detailed description of the project team organisation, clearly identifying responsibilities (including the O.R.N.L s responsibilities), including the names, contact details and the CV s for the principal personnel proposed to be involved in the project. The project manager should be available to O.R.N.L staff at all times during the project The successful supplier must demonstrate experience and expertise in Project Management, Information Systems implementation; Technical/Products; Application-Specific The tenderer must supply a list of existing clientele. They must also detail similar projects completed together with two reference names and contact details. Any projects suggested should be live projects (not just at implementation stage) and be in a similar business environment i.e. small/medium public sector organisation. No contact will be made with any of the customers suggested without prior contact with the tenderer. 2.3 Consultancy Services for System Implementation Tenderers will be required to provide a quality consultancy service covering all aspects of implementation, including a) Implementation planning; the supplier will be required to configure and install a fully operational Time & Attendance Management System, including both hardware and software, which meets all O.R.N.L requirements. The tenderer must produce a detailed implementation plan outlining the project management method to be used and timescale. b) Integration management; consideration must be given to a certain level of integration with existing (and future software packages). The new system should have a self-service capability, with appropriate security and access control facilities for different categories of user (i.e. HR staff, managers, individual employees etc.). This should include, as a minimum, the facility to allow/restrict access to all or part of the data held for an individual employee or group of employees. It should provide for access via the internet. 5

6 c) Advice on hardware procurement; the successful tenderer will be required to assist the O.R.N.L in the specification of any hardware required to support the new system. The O.R.N.L will be responsible for procuring this hardware. d) System hardware and software configuration; the system must be handed over to the O.R.N.L fully configured for live operation, with appropriate levels of technical skills transfer to allow the O.R.N.L's staff to operate the system and provide front-line support in the live environment. Provision should also be made for version control and for system and user acceptance testing environments e) System testing: The successful tenderer will be responsible for delivering a fully operational and performing system. In this context, it will be necessary for all system components and associated interfaces to pass a series of acceptance tests to confirm the accuracy of information, performance, capacity and stability of the technical infrastructure. The actual tests to be performed will be agreed during contract negotiation. At minimum, these will include a full system test, user acceptance test and technical testing (e.g. performance). f) Liaison with external organisations, including suppliers of systems, if appropriate. g) Liaison with internal units, e.g. IT Unit; the successful tenderer will have particular responsibility in regard to technical matters relating to the system interfaces. h) Post -Implementation Support; the successful tenderer should also provide at least 3 post-implementation support days, to be used at the discretion of O.R.N.L, the cost of which should be included in the overall tender. 2.4 Training The successful supplier will be required to provide training services in the following areas: initial system set-up day-to-day use of the system operational support/system maintenance and administration/firstline support This will include the production of associated training materials (which will become the property of the O.R.N.L to copy/amend as required for its own use), as well as any other training approaches which the tenderer feels would be appropriate to the O.R.N.L s needs. 6

7 It should also provide a train-the-trainer element which would enable key users to train other potential users in aspects of the system as it rolls out to line managers and employees (part of HR induction programme) Indicative training numbers are as follows (precise number will be confirmed when the project commences): All relevant staff to be trained in the day-to-day use of the system 3 staff to be trained in reporting tools 3 staff to be trained in initial system configuration and set-up 3 staff to be trained in operational support, system maintenance and administration and front-line support Skill transfer should form an integral part of the tenderers approach to the implementation phase The successful tenderer will be required to deliver appropriate and effective operational support training to the O.R.N.L technical staff. This training should cover, at minimum: system backup and recovery upgrades patch application system administration troubleshooting (front line analysis/resolution) The training supplied should be comprehensive enough that O.R.N.L staff are capable of carrying out front line fault resolution. With regard to technical /ICT aspects of training, tenderers should indicate in detail the skills to be acquired through training and the associated costs, making clear costs that would not be incurred in the event that the O.R.N.L staff already possess those skills to the required level. 2.5 Maintenance and Support The successful tenderer will be responsible for maintenance and support of the system, in conjunction with the O.R.N.L s IT Unit, for an initial period of 3 years, with the possibility of extension. A minimum warranty period of 3 year is required on the implemented system from the date of handover Support cover should normally be available from 9am to 5pm Monday- Friday, with a facility for support outside these hours as required. In the event of a problem which the O.R.N.L classifies as critical (e.g. system not functioning), the response time must not exceed 4 hours. 7

8 Details of the escalation procedures that are used when a problem cannot be resolved in a reasonable time frame The likely future upgrade path for the system should be explained, including details of how upgrades will be implemented and the possible implications for the O.R.N.L Confirmation of the level, extent and nature of the maintenance and support requirements including associated warranties (including terms and conditions of any warranties) Any maintenance charges that might be incurred other than those requested in the maintenance section. This should include any special or exceptional charges that might arise The O.R.N.L is under obligation to follow Department of Public Expenditure and Reform Circulars regarding working hours and may need to implement changes to working hours and flexitime systems, these factors should be taken into account by tenderers. 8

9 3. Required Format of Tender Tenders must include the following information and be presented in the following format and order as set out in sections 3.1 to 3.9 below: 3.1 General Information The following information must be supplied: (a) The name, address, telephone, fax number and address of tenderer. (b) The name of the person within the company dealing with the tender. (c) Confirmation of acceptance by the tenderer and any third parties of the conditions of tender described in Section 5 of this document. 3.2 Firm Profile The following information must be supplied: (a) A brief history of the tendering firm. (b) A list of the principal contracts (in particular small/medium public sector bodies) undertaken in the last 3 years, with dates and recipients, public or private, of the service provided. (c) Any other relevant information. 3.3 Personnel and Administrative Structure The following information is required: (a) The names of the proposed personnel who would be responsible for delivery of the service including cover arrangements. (b) Specific details of the seniority, practical experience and proven expertise of the personnel in question, which would be relevant to the work outlined in this document. 9

10 3.4 Management Structure The following information is required: (a) Details of the proposed arrangements that the service provider would put in place to manage this contract with the Regulator. (b) The name and position within the company of the management person nominated to be responsible for the contract. 3.5 Delivery of Service The tender must specify the arrangements envisaged for the organisation and delivery of the service. 3.6 Costs The tender must specify a cost for the delivery of the services specified in section 2. In this regard please complete Appendix B as appropriate. Details of any costs that would be incurred in taking on the role should be separately specified. Any restrictions or qualifications in respect of the quoted prices must be specified in the tender. Prices should be expressed exclusive of VAT. The applicable VAT rate should be specified. Details of how the costs would vary over the duration of the contract must be specified. The cost of the tender must be your best and final offer. 3.7 References The tenderer must supply a list of existing clientele. They must also supply two detailed examples of similar projects completed together with two reference names and contact details. Any projects suggested should be live projects (not just at implementation stage) and be in a similar business environment i.e. small/medium public sector organisation. No contact will be made with any of the customers suggested without prior contact with the tenderer. Please see Appendix D for Reference/Detailed Example format. 10

11 3.8 Other Information Provide details of any options proposed, beyond the minimum requirements described in this document, and any other information that may be of relevance to this tender. 11

12 4. Evaluation of Tenders and Award Criteria 4.1 Pre Screening Qualification Tenderers to whom any of the circumstances listed in Article 45 of EU Council Directive 2004/18/EC, (Coordinating procedures for the award of public works contracts, public supply contracts and public service contracts) apply, will be excluded from this competition. Tenderers not so excluded will then be initially evaluated by reference to the following qualification criteria: (a) Completeness of tender documentation as specified in this document, (b) Completed tender declaration form (Appendix A), (c) Demonstrated ability of tenderer(s) to meet the requirements specified in this document, (d) Technical capacity as evidenced by the information requested in the tender documents and, (e) Possible conflicts of interest. 4.2 Evaluation of Tenders and Award Criteria The selected service provider(s) will be selected on the basis of the most economically advantageous tender when measured against the following award criteria: Quality of Service Offered This will include an appraisal of: (a) The tenderer s overall approach to the delivery and management of the services requested in this document, (b) The level of experience and expertise of the proposed team members relevant to the contract, (c) Quality assurance procedures used by the tenderer(s). During the evaluation period clarification may be sought in writing from Tenderers. Responses to requests for clarification may not materially change any of the elements of the tenders submitted. No unsolicited communication from Tenderers will be entertained during the evaluation period. A number of the most competitive Tenderers may be invited to 12

13 4.2.2 Cost make presentations on their proposals for the purpose of elaboration, clarification and/or aiding mutual understanding. Any proposed subcontractors may be required to participate in the presentation. In issuing this Request For Tender (RFT), there is no obligation, implied or otherwise, made by the Regulator to accept the lowest cost or any proposal submitted Evaluation Process The evaluation process will be carried out as followed. Step 1 The tenders received will be checked for compliance and an initial analysis carried out using the stated award criteria to rank the bids. Step 2 As a minimum, the top three ranked tenderers, if they substantially meet the requirements, will be invited to attend a meeting with O.R.N.L staff and asked to make a presentation and software demonstration in order to aid understanding of their bids by means of elaboration and clarification. Step 3 A final analysis will be carried out on the submissions (tender and software demonstration) by the top three selected tenderers and the preferred tenderer will be recommended by O.R.N.L staff. Step 4 If the tenderer accepts the recommendation, the following process will then apply: An award decision notice will be issued to all tenderers. A 10 day calendar standstill period will apply. At the end of the standstill, the preferred tenderer will be awarded the contract. 13

14 5. General Conditions of Tender Detailed contractual arrangements are not within the scope of this document. However, the following conditions should be noted: 5.1 Article 45 of EU Council Directive 2004/18/EC Tenderers to whom any of the circumstances listed in Article 45 of EU Council Directive 2004/18/EC apply shall be excluded from this competition. 5.2 Conflict of Interest Any conflict of interest or potential conflict of interest on the part of a tenderer or individual employees or corporate or individual service providers of a tenderer, must be fully disclosed to the Regulator. All references hereafter to conflicts of interest shall include conflicts of interest or potential conflicts of interest arising either for the tenderer, individual employees or corporate or individual service providers relating to the tender. Tenderers should confirm in the course of their tender response that, prior to responding to this RFT, comprehensive searches to identify any conflict of interest have been carried out. Tenderers are expected to exercise all reasonable care in ensuring that they are aware of any conflicts of interest which exist or may arise at any stage of the process. Should any such association or conflict of interest emerge at any time subsequent to the submission of a response to this RFT, it should be immediately disclosed to the Regulator and confirmed in writing by registered post. Notwithstanding any other provisions which may apply in law, the discovery or emergence of a conflict of interest on the part of a successful tenderer(s) after the award of the contract, may, at the sole discretion of the Regulator, void the contract. In such an eventuality, the Regulator shall not be liable for any costs or loss incurred by the successful tenderer(s) or other party up to the time of the voiding of the contract. 14

15 Any registerable interest involving the service provider, members or staff of the Regulator must be fully disclosed in the response to this RFT, or should be communicated to the Regulator immediately upon such information becoming known to the service provider, in the event of this information only coming to their notice after the submission of a bid and prior to the award of the contract. The terms 'registerable interest' shall be interpreted as per Section 2 of the Ethics in Public Office Act, Tax Clearance The selected service provider (and agent, where appropriate) will be required to promptly produce a Tax Clearance Certificate from the Irish Revenue Commissioners before appointment. Before any contracts are awarded, the selected service provider (and agent, where appropriate) will be required to comply with the prevailing tax clearance procedures viz: (a) A selected service provider resident in Ireland will be required to promptly produce a Tax Clearance Certificate from the Irish Revenue Commissioners. (b) A non-resident service provider or sub-contractor will be required to produce a statement (in lieu of a Tax Clearance Certificate) from the Irish Revenue Commissioners confirming suitability on tax grounds to be awarded the contract. Where a certificate or statement expires during the course of the contract, the Regulator will require a renewed certificate or statement. All payments under the contract will be conditional on service providers being in possession of valid certificates at all times. 15

16 5.4 Health and Safety Compliance In accordance with Section 20(6) of the Safety, Health and Welfare at Work Act, 2005, the selected service provider must be in a position to provide an up-to-date safety statement showing how the safety, health and welfare of his/her employees shall be secured and managed. 5.5 Other National and EU Legislation The selected service provider will be required to comply with all relevant prevailing National and EU legislation. In this regard, the tenderers attention is specifically drawn to the fact that there is a body of national legislation in such areas as Official Secrets, Data Protection, Freedom of Information, Health and Safety, Employment and Equality Law, the relevant provisions of which the selected service provider will be required to comply with. Tenderers must have regard to statutory terms relating to minimum pay and to legally binding industrial and or sectoral agreements in preparing tenders. 5.6 Requirements Tenderers should form their own conclusions about the methods and resources needed to meet the requirements of the tender. The Regulator will not accept responsibility for the tenderers' assessment of the requirements. 5.7 Contract Award Information supplied by tenderers will be treated as contractually binding. Without prejudice, the Regulator will endeavour to appoint the successful tenderer(s) by 16 October

17 5.8 Non-collusion and Canvassing Canvassing by a tenderer may result in automatic disqualification. Where a tenderer has an existing relationship with the Regulator or its employees, the tenderer is advised that any discussions, correspondence, or other influences on the tender process may be treated as canvassing and dealt with accordingly. Tenderers particular attention is drawn to the application of the Competition Act The Act makes it a criminal offence for tenderers to collude on prices or terms in a public tendering procedure. Should the Regulator become aware of direct or indirect communications through trade associations or otherwise between tenderers relating to the proposals or which might facilitate price collusion, it shall be the policy of the Regulator to disqualify such proposals or tenderer(s) and to notify the matter to the Competition Authority with the recommendation that action be taken against such tenderer(s). Tenderers are required to complete the declaration attached in Appendix A and include this as part of their proposals. 5.9 Costs The Regulator will accept no responsibility for any costs incurred in formulating or presenting proposals. (a) Prices and rates quoted should be expressed exclusive of VAT. The VAT rate(s) applicable should be indicated separately. (b) The selected service provider shall be responsible for the delivery of all services provided for within the contract on the basis of costs set at the beginning of the contract. (c) Additional costs will be a matter for the service providers themselves. 17

18 (d) Prices quoted in the tender cannot be increased during the currency of the contract. Similarly, terms and conditions cannot be altered. (e) Payment for all services covered by this invitation to tender will be on foot of appropriate invoices Confidentiality The Regulator undertakes to use its best endeavours to hold confidential any information provided in proposals submitted, subject to the Regulator s obligations under law. This includes the Data Protection Act, 1988 as amended and the Freedom of Information Act, 1997 as amended which place obligations on the Regulator to disclose information in response to queries from the public. If those making proposals wish that any information supplied in the proposal should not be disclosed because of its sensitivity, then this should be clearly stated, with the reasons for its sensitivity. The Regulator will then consult with firms that submit proposals about such sensitive information before making a decision on any Freedom of Information request received. Subject to law, all information provided by tenderers will be regarded as having been submitted on a confidential basis. Similarly, the Regulator requires that all information provided pursuant to this invitation to tender will be treated in strict confidence by the tenderer(s) Intellectual Property The Regulator will remain the sole owner of all materials, data and other information produced while providing these services Submission of Tenders (a) Tenders must be completed in accordance with the format specified in Section 3. 18

19 (b) Applicants to tender are requested to make their own arrangements to obtain proof of delivery of the tender, at the time and date specified below. (c) When submitting the tender by hard copy four copies of the tender proposals are required, in a sealed envelope, marked "Tender for provision of Website Design and Maintenance for the Office of the Regulator of the National Lottery and addressed to: Mr. Conor Ó Droma Office of the Regulator of the National Lottery Block D, Garden Level Irish Life Centre Lower Abbey Street Dublin 1 Tender proposals should also include the name and address of the tendering company on the outside of the envelope. (d) Tenders submitted by are acceptable, on the proviso that the tenderer can provide evidence of successfully ing the full tender proposal, not later than 5 p.m. on 25 September ed tenders can be forwarded to procurement@rnl.ie. (e) Tender proposals must be received by the office of the Regulator, at the above address not later than 5 p.m. on 25 September Tender proposals delivered after this time will not be accepted. (f) Please note any queries regarding this tender must be made no later than 5 p.m. on 21 September Any queries submitted after this date will not be entertained. 19

20 Appendix A - Tender Declaration Form THIS DECLARATION, DULY COMPLETED, MUST BE RETURNED BY ALL TENDERERS Name of Tenderer Address Country Phone/Fax Please tick Yes or No as appropriate to the following statements relating to the current status of your organisation. (1) The Tenderer is bankrupt or is being wound up, or its affairs are being administered by the Court, or has entered into an arrangement with creditors or has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations. Yes No (2) The Tenderer is subject to the proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors or any other similar proceedings under national laws and regulations. Yes No (3) The Tenderer, a Director or Partner, has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata or been guilty of grave professional misconduct in the course of their business. Yes No (4) The Tenderer has not fulfilled its obligations relating to the payment of taxes or social security contributions in Ireland or any other State in which the tenderer is located. Yes No (5) The Tenderer has been guilty of serious misrepresentation in providing information to a public buying authority. Yes No (6) The Tenderer has contrived to misrepresent its Health & Safety information, Quality Assurance information, or in any other information relevant to this application. Yes No THIS FORM MUST BE COMPLETED AND SIGNED BY A DULY AUTHORISED OFFICER OF THE TENDERER S ORGANISATION I certify that the information provided above is accurate and complete to the best of my knowledge and belief. I understand that the provision of inaccurate or misleading information in this declaration may lead to my organisation being excluded from the tender process. SIGNATURE DATE NAME POSITION 20

21 Appendix B - Costs Detail Price Excluding VAT VAT Rate Consultancy Services for System Implementation Training Maintenance and Support Billed Hourly per hour Other Costs 21

22 Appendix C O.R.N.L Flexible Working Hours The O.R.N.L operates a system of Flexible Working Hours (FWH). Under this system, O.R.N.L staff must work their full quota of hours per week, 37 hours, but they are given more flexibility in doing so. For example, staff may, within certain limits, vary their arrival times, departure times, and lunch breaks. Hours that are open to variation in this way are known as Flexible Hours. The main part of the day, when all staff should be at their jobs, is not open to variation and is known as Core Time *. A typical working day under FWH might be divided as follows, subject to the business need in the area: Flexible Morning Band Staff may start work any time during this band. Time worked before will not gain credit Morning Core Time Staff must be present during this period unless on an authorised absence Flexible Lunch Band Staff must take a minimum lunch break of 30 minutes but the break may be extended to last up to 1 hour and 45 minutes :45 - Afternoon Core Time Staff must be present during this period unless on an authorised absence 16:45 18:30 - Flexible Evening Band Staff may finish work any time during this band. Time worked after 18:30 will not gain credit. 22

23 Appendix D Reference / Detailed Example Form Example 1 Contact Name: Position: Organisation: Address Phone: Website: Description of the project scope and services provided and details of similarities to this project and relevant personnel assigned. Also include any other relevant information. % of contract delivered by supplier Start date Project value ( ) Completion Date 23

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