INVITATION TO TENDER DOCUMENTATION. FOR A xxxxxxxxxxxxxx. TENDER REF: xxxxxxx OJEU REF: xxxxxxx (if applicable) VOLUME 1

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1 INVITATION TO TENDER DOCUMENTATION FOR A xxxxxxxxxxxxxx TENDER REF: xxxxxxx OJEU REF: xxxxxxx (if applicable) VOLUME 1 PROCESS OVERVIEW AND GUIDANCE TO BIDDERS Date: xxxx Rotherham Primary Care Trust Oak House, Moorhead Way, Bramley Rotherham, S66 1YY Tel: Fax:

2 CONTENTS 1. Introduction and Overview 1.1 General Principles 1.2 Introduction 1.3 Background, Need & Context 1.4 Scope 2. Purpose, Structure and Next Steps for Bidders 2.1 Purpose of the ITT 2.2 Structure of the ITT 2.3 Next steps for Bidders 3. ITT to Contract Signature 3.1 Overview 3.2 ITT Issue 3.3 ITT Bidder clarification 3.4 ITT Bidder response 3.5 ITT Bid evaluation process 3.6 Selection of a Preferred Bidder 3.7 Bidder notification of evaluation outcome 3.8 Contract Signature 3.9 Unsuccessful Bidder Debrief 4. NHS Rotherham Procurement Rules 4.1 General 4.2 Bidder eligibility 4.3 Canvassing and contracts 4.4 Confidentiality and non-collusion 4.5 Conflicts of interest 4.6 Bidder changes 4.7 Changes to the procurement process 4.8 Disqualification of Bidders 4.9 Bidders advisors 4.10 Bidders Authorised Representative 4.11 Availability of information to Bidders 4.12 ITT Bidder clarification stage 4.13 ITT Bid evaluation stage 4.14 Selection of Preferred Bidder 4.15 Preferred Bidder Stage 4.16 Contract Signature 5. Instructions on Completing the ITT 5.1 Overview 5.2 Content of bids 5.3 Format of bids 6. Administration 2

3 6.1 Interpretation 6.2 Costs and expenses 6.3 Freedom of Information Act 6.4 Copyright 6.5 Disclaimer 3

4 1. INTRODUCTION AND OVERVIEW 1.1 General Principles The PCT aims to procure services that are of a consistently high quality and follow the following principles: 1.2 Introduction Effective, focusing on delivering the best services for the organisation; and Demonstrate Value for Money The aim of this procurement is to xxxxxxxxxxxxxxxxx for the provision of a xxxxxxxxx. 1.3 Background, Need & Context (Specific information will be provided to bidders) 1.4 Scope (Specific information will be provided to bidders) 2. PURPOSE, STRUCTURE AND NEXT STEPS FOR BIDDERS 2.1 Purpose of the ITT The Invitation to Tender (ITT) provides: An overview of the remainder of the NHS Rotherham Procurement process; Rules and instructions on completing the ITT for the NHS Rotherham Procurement; The NHS Rotherham Scheme-specific information and requirements; and Requests for responses from Bidders; The purpose of the ITT is to provide Bidders with sufficient information on the NHS Rotherham Scheme and the requirements of NHS Rotherham to enable them to compile a comprehensive Bid In evaluating Bids from Bidders, NHS Rotherham will only consider information provided in response to the ITT. 2.2 Structure of the ITT The ITT consists of two volumes: ITT Volume 1: Process overview and guidance to Bidders This ITT Volume 1 provides: An introduction to, and overview of, the NHS Rotherham Procurement; An overview of the remainder of the NHS Rotherham Procurement process; A list of NHS Rotherham Procurement rules that all Bidders must comply with; and Instructions for Bidders on how to complete the ITT. 4

5 2.2.2 ITT Volume 2: Requirements and Bidder responses ITT Volume 2 provides: Detailed background information and requirements for all aspects of the NHS Rotherham Scheme that Bidders should consider when responding to the ITT; and The specific responses required from Bidders to complete the ITT, including completion of the Financial schedule. 2.3 Next steps for Bidders Bidders wishing to be considered for selection as the Contractor for the NHS Rotherham Scheme must submit Bids in accordance with the instructions set out in this ITT Volume Bids must be received via the Bravo e:sourcing portal, no later than xxxxxxxxxxxx NHS Rotherham reserves the right not to consider any Bid received after this deadline. 3 ITT TO CONTRACT SIGNATURE 3.1 Overview This Section provides an overview of the remainder of the NHS Rotherham Procurement process. The following table sets out a summary of this process and an indicative timetable Stage Description Due Date ITT issue ITT Bidder clarification stage ITT Bidder response ITT Bid evaluation ITT issued to Bidders. See Section 3.2 for further details. Period when Bidders may request clarification on the ITT. See Section 3.3 for further details. Bidders must compile their Bids in the required format and submit them by the due date. See Section 3.4 for further details. Period when Bids will be evaluated. During this period NHS Rotherham may ask Bidders questions in order to clarify information set out in their Bids. Bidders may also be invited to deliver a presentation to the evaluation panel See Section 3.5 for further details. 5

6 Stage Description Due Date Selection of a Recommended Bidder Bidder notification of evaluation outcome The date by which NHS Rotherham will aim to select Bidders to proceed to contract agreement and contract signature. The decision will be subject to Board approval. See Section 3.6 for further details. After selection of Recommended Bidders, NHS Rotherham will notify other Bidders of the outcome of the evaluation. See Section 3.7 for further details. Contract signature The signature of the Contract between NHS Rotherham and the successful Bidder Unsuccessful Bidder debrief This will be undertaken in accordance with current legislation and best practice guidance Bidders are reminded, as set out in Section 4.7 of this ITT Volume 1, that NHS Rotherham may vary the procurement process in order to support continued competition, avoid unnecessary costs associated with a Bid and adhere to technical, legal or commercial guidance issued subsequent to the ITT. 3.2 ITT issue The ITT has been issued on xxxxxxxxx to all Bidders. 3.3 ITT Bidder clarification The objective of the ITT Bidder clarification stage is to give Bidders the opportunity to submit questions to NHS Rotherham where they need clarification on any information contained in the ITT Clarification questions can be submitted from xxxxxxxxx until midday, xxxxxxx. NHS Rotherham will not respond to clarification questions received after the expiry of this period Bidders must submit clarification questions via messaging on the Bravo e:sourcing portal and NHS Rotherham will endeavour to respond to each clarification question received during the ITT Bidder clarification stage within four (4) business days of receipt. NHS Rotherham will distribute all clarification questions raised by Bidders, and corresponding responses, to all other Bidders on a rolling basis during the ITT Bidder clarification stage Bidders are referred to Section 4.12 of this ITT Volume 1 for further information. 3.4 ITT Bidder response Bidders must submit their Bids using the YHCPC Bravo e:sourcing portal before xxxxxxxxxxx The date and time of the receipt of Bids are automatically recorded. 6

7 3.4.2 Bidders should compile Bids in accordance with Section 5 of this ITT Volume 1 which gives detailed requirements for the format and content of Bids Bidders are advised to include attachments/appendices only where these are specifically requested. Attachments included for questions for which they are not relevant will not be evaluated and bids may be rejected for non-compliance Failure to return Bids by the due date or in the required format may disqualify Bidders from this Procurement (see Section 4.8). 3.5 ITT Bid evaluation process Timing and stages The evaluation process comprises the following successive phases: Receipt of responses Evaluation of ITT response by subject specialists Identification of bidders who may be invited to present Bidder presentations (where necessary) Consolidation/moderation of evaluation results Bid evaluation by NHS Rotherham is intended to be completed by xxxxxxx. Bidders may be invited to attend a presentation and clarification session at NHS Rotherham during the evaluation period and NHS Rotherham will endeavour to give as much notice as possible for this Format Evaluation of Bids will be carried out with a view to selecting a sole Bidder to proceed to Contract agreement and Contract signature. NHS Rotherham reserves the right to either: Establish a Contract; or Award no Contract at all Approach The approach to the ITT Bid evaluation will be based on the following principles: NHS Rotherham will reject any Bid which is not a Compliant Bid (see Section 5 of this ITT Volume 1 for what constitutes a Compliant Bid); and The technical and financial proposals within the Bids; Bids will be appraised in absolute terms and will seek to obtain best VfM as a combination of quality, price and deliverability (in accordance with the specification provided in ITT Volume 2) Bids will be appraised both qualitatively (xx% of marks) and quantitatively (xx% of marks) Evaluation criteria The evaluation criteria for the ITT Bid evaluation are designed to allow the selection of the Bid that represents the best VfM, rather than lowest price alone. The best VfM 7

8 Bid will be that which is judged to offer the optimum combination of service capability, quality and Bid price, within affordability parameters Bidders responses will be evaluated based on the requirements as stated in ITT Volume 2. These requirements will be weighted as set out below to produce a whole of Bid grading for each ITT submission. The requirements represent the key issues that are important to NHS Rotherham when determining the attractiveness, robustness and acceptability of Bidders proposals. These criteria are shown below: Criteria Area Percentage applied Sub Criteria Area Percentage applied Total 100% Evaluation Scoring Responses relating to the non-financial criteria will be evaluated first to ascertain that a Bid is compliant The ITT Bidder Response will account for up to xx% of the total Evaluation score. NHS Rotherham reserves the right to further shortlist based on the outcome of the evaluation of the ITT Bidder Response (Where applicable) For those Bidders who are invited to present, the overall Presentation session will not count towards the Evaluation score, but will be used to clarify the scores attributed to the Bidder s response Weightings will be attributed as follows to the Bidder s response in respect of the non-financial aspects. (Below is an example of scoring, which may vary with the context of the individual tender) Score Grade Definition of Scoring 0 Unacceptable No information provided or wholly inadequate response provided 1 Deficient Response provided is brief or in summarised form or does not adequately address the topic. Serious concerns 2 Basic Response is generally acceptable and partially addresses the topic, with some minor issues 3 Good Response answers all critical areas with no cause for concern 4 Comprehensive Response demonstrates a full understanding of the subject area and examples given for all 5 Superior Response is extensive and demonstrates an extensive understanding of the topic. Level of detail provided is well above that expected for a comprehensive response 8

9 Weightings will be attributed as follows to the Bidder s response in respect of the financial aspects. (These will vary according to the context of the procurement and may, in certain circumstances, not be applicable if NHS Rotherham is contracting for Quality, within a stated financial envelope) A compliant submission that demonstrably is the lowest financial bid will attract: A compliant submission that demonstrably is within x% of the lowest financial bid will attract: A compliant submission that demonstrably is within xx-xx% of the lowest financial bid will attract: A compliant submission that demonstrably is within xx-xx% of the lowest financial bid will attract: A compliant submission that demonstrably is within xx-xx% of the lowest financial bid will attract: A compliant submission that demonstrably is in excess of xx% higher than the lowest financial bid will attract: 100% of the xx% 80% of the xx% 60% of the xx% 40% of the xx% 20% of the xx% 0% however, any Bid scored in this way may be re-assessed should any aspect of the remaining Bids be called into question at any point during the procurement process NHS Rotherham reserves the right to vary the selection procedure to support continued competition, avoid unnecessary bidding costs, and adhere to subsequent technical or legal guidance, or for other reasons at its sole discretion Scoring for individual requirements will be reached by considering the offered response in the context of such factors as the Bidder s understanding of the requirement, evidence of past experience and other justifications for confidence in service standards including quality assurance, continual improvement and service provisions. The rating awarded is the highest level of service in which an Evaluator has confidence ITT Bid clarifications from NHS Rotherham During the ITT Bid evaluation stage, NHS Rotherham may request written clarification from Bidders on their Bid. Any request by NHS Rotherham for clarification on Bids shall be made through the Bravo system to the relevant 9

10 Authorised Representative. Bidders responses will normally be required via the Bravo e sourcing portal and within two (2) business days of request Failure to respond adequately or within the deadline will be reflected in the evaluation of the Bid and may result in exclusion of the Bidder from further participation in the tender process In exceptional circumstances, NHS Rotherham reserves the right to request a meeting with individual Bidders during the ITT Bid evaluation stage to facilitate a rapid clarification of points raised. 3.6 Selection of a Preferred Bidder A Bidder(s) will be selected as the Recommended Bidder to proceed to the Preferred Bidder stage of the NHS Rotherham Procurement. NHS Rotherham reserves the right not to appoint a Preferred Bidder and also reserves the right to appoint (a) Reserve Bidder(s) During this stage the Preferred Bidder(s) will work together with NHS Rotherham to finalise the terms of the Contract in preparation for Contract Signature. NHS Rotherham reserves the right to re-engage with the Reserve Bidder(s) Bidders should refer to Section 4.14 of this ITT Volume 1 for further information. 3.7 Bidder notification of evaluation outcome Once a (single) Bidder(s) has been selected to proceed to Preferred Bidder stage, all other Bidders shall be informed of the outcome of the evaluation in accordance with the current legislation. 3.8 Contract signature Assuming a successful completion of the Preferred Bidder stage, NHS Rotherham and the successful Bidder(s) will sign the agreed Contract. NHS Rotherham reserves the right not to award a Contract to the Preferred Bidder(s). Bidders should refer to Section 4.16 of this ITT Volume 1 for further information. 3.9 Unsuccessful Bidder debrief NHS Rotherham will undertake this in accordance with current legislation and best practice guidelines. 4 NHS ROTHERHAM PROCUREMENT RULES 4.1 General All documentation and communication shall be in English By signing the Bid, each Bidder warrants that, save as disclosed in writing to NHS Rotherham with the Bid, any information supplied by it remains true and that it has: Not passed a resolution, nor is it the subject of an order by the court, for the company s winding-up otherwise than for the purposes of bona fide reconstruction or amalgamation, nor has it had a receiver, manager or administrator on behalf of a creditor appointed in respect of its business or any part thereof, nor is it the subject of proceedings for any of the above procedures nor is it the subject of similar procedures under the law of any other states; 10

11 Not been convicted of a criminal offence relating to the conduct of its business or profession; Not committed an act of grave misconduct in the course of its business or profession; Fulfilled its obligations relating to the payment of social security contributions under the laws of England and Wales or the country in which it is established; Fulfilled its obligations relating to the payment of taxes under the laws of England and Wales or the country in which it is established; Not made any material misrepresentation in providing any of the information required in relation to the above; and Not disclosed, copied, reproduced or distributed and will not disclose, copy, reproduce or distribute any confidential information contained in this document or supplied by NHS Rotherham, or any advisor to any third party at any time except for the purpose of enabling a response to the ITT to be prepared Bidders must comply and ensure that their Bids comply with the provisions set out in the ITT. If any waiver or variation of these provisions is made in writing by the NHS Rotherham Chief Executive, this will be binding. Any such waiver or variation will be notified to the Authorised Representative of Bidders. Otherwise, no agent or any other servant or representative of NHS Rotherham has the authority to vary or waive any of these provisions on behalf of NHS Rotherham. Any Bid which fails to comply with the provisions of the ITT and any amendments and/or supplementary information issued subsequent to it, shall be liable to be disqualified and the provisions of Section 4.8 of this ITT Volume 1 shall apply. 4.2 Bidder eligibility Regulation 23 of the Public Contracts Regulations 2006 ( Regulation 23 ) sets out the grounds on which an economic operator must normally be deemed ineligible to tender for, or be awarded a public contract. NHS Rotherham reserves the right to reject Bidders if they fall within one of the ineligibility criteria set out in Regulation 23. Rejection under Regulation 23 (1) is normally mandatory when an economic operator has been convicted of any of the following offences: (a) Conspiracy within the meaning of Section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA; (b) Corruption within the meaning of Section 1 of the Public Bodies Corrupt Practices Act 1889 or Section 1 of the Prevention of Corruption Act 1906; (c) The offence of bribery; (d) 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 Union, within the meaning of (i) The offence of cheating the Revenue; (ii) The offence of conspiracy to defraud; (iii) Fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978; 11

12 (e) (f) (iv) Fraudulent trading within the meaning of Section 458 of the Companies Act 1985; (v) Defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994; (vi) Destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of Section 20 of the Theft Act 1968; (vii) An offence in connection with taxation in the European Community within the meaning of Section 71 of the Criminal Justice Act 1993; or Money laundering within the meaning of the Money Laundering Regulations 2003; or Any other offence within the meaning of Article 45(1) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 as defined by the national law of any relevant State For the purposes of this Procurement and on the basis of the grounds in Regulation 23(4) a potential Bidder may be deemed to be ineligible to tender where it: (a) Is in a state of bankruptcy, insolvency compulsory winding up, administration, receivership, composition with credits or any analogous state, or subject to relevant proceedings; (b) Has been convicted of a criminal offence relating to business or professional conduct; (c) Has committed an act of grave misconduct in the course of a business or profession; (d) Has not fulfilled obligations relating to payment of social services contributions; (e) Has not fulfilled obligations relating to payment of taxes; (f) Is guilty of serious misrepresentations in supplying information further to this or other procurements; or (g) Is not in possession of the necessary licence, authorisation or professional qualification required for the provision of the primary medical care services covered by this Procurement In particular (but without prejudice to the generality of the foregoing) if the Bidder, or any Relevant Organisation, makes a misrepresentation in any part of its dealings with, or responses to NHS Rotherham, such Bidder may be disqualified (see Section 4.8 of this ITT Volume 1). 4.3 Canvassing and contacts Subject to Section 4.4 of this ITT Volume 1 and ITT Volume 2, Bidders and Relevant Organisations (e.g. Sub Contractor) shall not in connection with the NHS Rotherham Procurement: Offer any inducement, fee or reward to any officer or employee of NHS Rotherham or any person acting as an advisor to NHS Rotherham in connection with the NHS Rotherham Procurement; or Do anything which would constitute a breach of the Prevention of Corruption Acts ; or 12

13 Canvass any of the persons referred to above in connection with the NHS Rotherham Procurement; or Except as expressly authorised by NHS Rotherham and subject to the provisions of Section 4.4, contact any officer or employee or agent of NHS Rotherham about any aspect of the NHS Rotherham Procurement including (without limitation) for the purposes of discussing the possible transfer to the employment of the Bidder of such employee or officer for the purpose of the procurement or for soliciting information in connection with the NHS Rotherham Procurement. 4.4 Confidentiality and non-collusion The ITT is intended for the exclusive use of the Bidder and is provided on the express understanding that the ITT and the information contained in it, or in connection with it, will be regarded and treated as strictly confidential. The ITT may not be reproduced in whole or in part nor furnished to any persons other than the Bidder save for the purposes of: Taking legal advice in connection with completing a Bid; and/or Obtaining information from Relevant Organisations or funders where required expressly by the ITT or otherwise where necessary, and relevant to the Bidder s Bid; and/or Obtaining the input from any other parties that Bidders demonstrate will provide information relevant to their Bid, subject always to NHS Rotherham s prior written consent to such disclosure (which it can withhold in its absolute discretion) and provided that in, each case, Bidders obtain from such parties prior to such disclosure, confidentiality undertakings of at least equivalent strength to this Section Upon written request from NHS Rotherham, Bidders shall promptly provide evidence to NHS Rotherham that such undertakings have been provided Bidders must not disclose to, or discuss any aspect of the ITT, or their Bids, with any other Bidder. Any such collusion with another Bidder may constitute an infringement of the Chapter 1 prohibition contained in Section 2(1) of the Competition Act 1998 and the Bidder shall also be liable to disqualification, in which case the provisions of Section 4.8 of this ITT Volume 1 shall apply. 4.5 Conflicts of interest NHS Rotherham requires that all actual or potential conflicts of interest are resolved to NHS Rotherham s satisfaction prior to the submission of Bids. In the event that any actual or potential conflict of interest comes to a Bidder s attention following the submission of its Bid, that Bidder should immediately notify NHS Rotherham Without limitation, such conflicts of interest may be perceived by NHS Rotherham to arise in circumstances where: A Relevant Organisation or any person employed or engaged by or otherwise connected with a Relevant Organisation has been directly employed by NHS Rotherham in the last three (3) years; or A Relevant Organisation (or its advisers or any person employed or engaged by it) is potentially providing services for more than one prospective Bidder in respect of the NHS Rotherham Procurement process; or 13

14 A Relevant Organisation employs or engages, or has employed or engaged, any person currently or formerly employed or engaged by or otherwise connected with NHS Rotherham A conflict of interest shall not be deemed to arise solely by virtue of a person's employment or engagement by a PCT, SHA or other NHS body. 4.6 Bidder changes Bidders are subject to an ongoing obligation to notify NHS Rotherham of any material changes in their financial or other circumstances. This includes, but is not limited to, changes to the identity of Relevant Organisations or sub-contractors or the ownership or financial or other circumstances thereof and solvency of the Bidder. NHS Rotherham should be notified of any material change as soon as it becomes apparent Failure to notify NHS Rotherham of any material changes or to comply with any of these provisions may lead to a Bidder being liable for disqualification (in which case the provisions of Section 4.8 shall apply) If a Bidder wishes to change a Relevant Organisation from those recorded in the Bidder s response to the PQQ, details must be submitted to NHS Rotherham not later than five (5) business days prior to the ITT Bid submission deadline NHS Rotherham reserves the right to refuse to allow such a change and to disqualify any Bidder from further participation in the procurement process in the event that such a change is made, in which case the provisions of Section 4.8 of this ITT Volume 1 shall apply. In exercising its absolute discretion to either refuse or allow such a change, NHS Rotherham may take into account whether such change is material to the delivery of the Contract In the event that NHS Rotherham is prepared to consider such a change, further evaluation of the Bidder, including its Relevant Organisations, is likely to be required and may result in NHS Rotherham refusing to allow the change. 4.7 Changes to the procurement process Bidders are reminded that NHS Rotherham, at its discretion, reserves the right to vary the procurement process in order to support continued competition, avoid unnecessary costs associated with a Bid and adhere to technical, legal or commercial guidance issued subsequent to the ITT Without prejudice to the generality of Section 0, NHS Rotherham reserves the right to: Change dates and times for each stage of the procurement process set out in Section 0; and Modify any aspect or stage of the procurement process itself and/or to introduce additional steps or stages into the procurement process in order to maximise VfM solutions and/or procurement efficiencies. NHS Rotherham shall notify the Bidders Authorised Representative of any such changes. 14

15 4.8 Disqualification of Bidders Bidders, or the Preferred Bidder, acting in contravention of the provisions set out in the ITT or any other information provided by NHS Rotherham may, at NHS Rotherham s sole discretion, be disqualified from further participation in the NHS Rotherham Procurement (without prejudice to any other civil or legal remedies available and without prejudice to any criminal liability which such conduct by a Bidder may attract) For the avoidance of doubt, disqualified Bidders will be excluded from any further participation in the procurement process and in no circumstances will NHS Rotherham be liable for any costs or expenses incurred by the disqualified Bidder and/or its Relevant Organisations as a result, directly or indirectly, of such disqualification. 4.9 Bidders advisors Bidders will be responsible for obtaining all information and independent advice that they consider necessary for the preparation of their respective Bids. Bidders must make their own independent assessment of the NHS Rotherham Scheme after making such investigation and taking such professional advice as they deem necessary Bidders Authorised Representative All correspondence relating to the NHS Rotherham Procurement will be addressed to the Bidders Authorised Representative. The Authorised Representative must have full authority to represent the Bidder and attend any meetings on the Bidder s behalf. NHS Rotherham may, at any time, request documentary proof of such authority Availability of information to Bidders Any information additional to the ITT which NHS Rotherham deems necessary for a Bidder to be issued with, will be sent to each Bidder s Authorised Representative. It is the Bidder s responsibility to notify NHS Rotherham of any change to the Authorised Representative s name or other contact details. Bidders may request that, for convenience, electronic correspondence be copied to individuals other than their Authorised Representative, but NHS Rotherham accepts no liability for this and will consider all information sent to the Authorised Representative to have been received by the Bidder Where a Bidder intends to use sub-contractors to provide any aspect of the Contract, it will be the responsibility of the Bidder to provide such sub-contractors with all necessary information (subject to the provisions relating to confidentiality at Section 4.4 above) ITT Bidder clarification stage Where Bidders consider that a clarification question and/or the response to such question is commercially confidential, that request must be indicated Commercial in Confidence and Bidders should specify, where possible, such redactions as would render the request and any response non confidential. NHS Rotherham will consider the request for confidentiality. However, NHS Rotherham reserves the right to act in what it considers to be the best interests of a fair procurement process and in accordance with its obligations under the FOIA (see further Section 6.3). Where any 15

16 clarification question, or NHS Rotherham response thereto, contains information that should, in the interests of a fair procurement process, be disseminated to all Bidders, NHS Rotherham shall be free to disseminate such information to all Bidders, with or without any amendments proposed by a Bidder. Before doing so, NHS Rotherham will inform the Bidder of its intention to do so and offer the Bidder the opportunity to withdraw the request for clarification before such dissemination Bidders are reminded that clarifications should only be requested in respect of information contained in the ITT ITT Bid evaluation stage In evaluating Bids, NHS Rotherham will only consider information provided in response to the ITT. Information previously provided in the PQQ response will not be considered. Bidders should not assume that NHS Rotherham has prior knowledge of them providing facilities management services Selection of Preferred Bidder A Bidder(s) will be appointed as Preferred Bidder(s) for the NHS Rotherham Scheme. In addition to the Preferred Bidder(s) NHS Rotherham reserves the right to appoint Reserve Bidders at the same time or at any time during the Preferred Bidder stage, NHS Rotherham may re-engage with such Reserve Bidder(s), or any other Bidder whose Bid meets the necessary evaluation standards Preferred Bidder stage Right to negotiate The resulting Contract may be subject to negotiation in order to arrive at a workable contract. NHS Rotherham reserves the right to conduct necessary due diligence on Bids before a Preferred Bidder(s) is appointed and before Contract signature De-selection of Preferred Bidder(s) Following the appointment of a Preferred Bidder(s), in the event that any Preferred Bidder: Makes a material alteration to the Bid which formed the basis of its selection as a Preferred Bidder (whether as to price or any other aspect of its Bid); In the reasonable opinion of NHS Rotherham fails to make satisfactory progress towards signature of the Contract; and In the case of any of the above, fails to remedy the situation to the reasonable satisfaction of NHS Rotherham within a defined time period having been served notice in writing by NHS Rotherham, then NHS Rotherham shall be entitled to de-select the Preferred Bidder(s) and at the absolute discretion of NHS Rotherham to exclude the Preferred Bidder(s) from any further participation in the procurement process or to introduce a further competitive stage in the procurement process in which the Preferred Bidder(s) may or may not (in the absolute discretion of NHS Rotherham) be invited to participate. Under no circumstances will NHS Rotherham or any of their respective advisers be liable for any costs or expenses incurred by the Preferred Bidder(s) and/or any of its Relevant Organisations due to, or arising from, such de-selection or the introduction of a further stage in the procurement process. 16

17 4.16 Contract signature Signature of documents All procurement documentation requiring a signature must be signed by the Authorised Representative of the Bidder or, where a document is required to be executed by a Relevant Organisation, by a representative or representatives duly authorised by that Relevant Organisation Right not to award a contract NHS Rotherham reserves the right in its absolute discretion not to appoint a Recommended Bidder, or where a Recommended Bidder(s) has been appointed, not to award a Framework Agreement. In exercising such right, NHS Rotherham may consider whether Bidders have failed to provide technically acceptable solutions with a fixed price on agreed contractual terms which offer VfM and are affordable. 5 INSTRUCTIONS ON COMPLETING THE ITT 5.1 Overview Bidders are advised to carry out the following steps when compiling their Bids: Carefully read this ITT Volume 1; Carefully read ITT Volume 2, in particular noting the required Bidder responses; Compile the required responses to ITT Volume 2; and Complete the Financial Template; and Submit their Bid in accordance with Section 5 and Section Content of Bids Bids must: Comply with all of the provisions of this ITT Volume 1; Include responses to all questions set out in ITT Volume 2; Include a completed Financial Template; and Be in the required format set out in Section 5.3 below. Bids that do not meet these criteria will be liable to disqualification (see Section 4.8) Information provided in Bids In evaluating Bids, NHS Rotherham will only consider information provided in response to the ITT. Bidders should not assume that NHS Rotherham has any prior knowledge of the Bidder, its organisation or reputation, or its involvement in existing services, projects or procurements All relevant information required to support the Bid should be included in the Bidder s response or, where necessary, cross-referenced in it. Documents specific to the Bid, referenced in the Bid and provided to NHS Rotherham, will be considered as part of the Bid. General corporate material and non-specific supporting documentation will not be considered. 17

18 Bidders are responsible for the accuracy of all information concerning Relevant Organisations submitted within their Bids. 5.3 Format of Bids Bidders are requested to provide their responses through the Bravo e:sourcing portal. Files shall be in the formats specified below: File Type Text based documents Spreadsheet based documents Graphics files Reports and accounts Software Package Microsoft Word (Version 2000 or later) Microsoft Excel (Version 2000 or later) PowerPoint (Version 2000 or later) Adobe Acrobat PDF, or MS Word 6 ADMINISTRATION 6.1 Interpretation In the ITT, except where the context otherwise requires: Words importing one gender include all other genders and words importing the singular include the plural and vice versa; Enactment means any statute or statutory provision (whether of the United Kingdom or elsewhere), subordinate legislation (as defined by s.21(1) Interpretation Act 1978) and any other subordinate legislation made under any such statute or statutory provision; A reference to any enactment shall be construed as including a reference to: o Any enactment which that enactment has directly or indirectly o replaced (whether with or without modification); and That enactment as re-enacted, replaced or modified from time to time, whether before, on or after the date of the ITT. The Table of Contents, the headings to the Sections and Sections of the ITT and any Annexes and Volumes hereto are for ease of reference only and shall not affect the construction of the ITT; Any Annexes to each Volume of the ITT form part of the ITT and will have the same force and effect as if expressly set out in the body of the ITT; In the event of any inconsistency between the provisions of the ITT and any previously issued documents, the provisions of the ITT shall prevail; and The ITT shall be governed by and construed in accordance with English law. 6.2 Costs and expenses All Bidders, Relevant Organisations, funders and any of their respective advisers shall be responsible for all costs incurred by them in connection with all stages of this procurement. 18

19 6.2.2 Under no circumstances will NHS Rotherham or any of their respective advisers be liable for any costs or expenses incurred by a Bidder, its Relevant Organisations, funders and/or their respective advisers arising directly or indirectly from the procurement process or termination thereof, including, without limitation, any changes or adjustments made to the procurement process or documentation (see Section 4.7 of this ITT Volume 1) or disqualification of a Bidder (see Section 4.8 of this ITT Volume 1). 6.3 Freedom of Information The Freedom of Information Act 2000 (FOIA) applies to this Procurement Tenderers should be aware of NHS Rotherham s obligations and responsibilities under the FOIA to disclose, on request, recorded information held by them. Information provided by Tenderers in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by NHS Rotherham in response to such a request, unless the Trust in decides that one of the statutory exemptions under the FOIA applies. NHS Rotherham may also include certain information in the publication scheme which it maintains under the FOIA In certain circumstances, and in accordance with the Code of Practice issued under section 45 of the FOIA or the Environmental Information Regulation 2004, NHS Rotherham may consider it appropriate to ask Tenderers for their views as to the release of any information before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, NHS Rotherham must comply with a strict timetable and NHS Rotherham would, therefore, expect a timely response to any such consultation within five working days If Tenderers provide any information to NHS Rotherham in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is confidential in nature and which a Tenderer wishes to be held in confidence, then Tenderers must clearly identify in their offer documentation the information to which Tenderers consider a duty of confidentiality applies. Tenderers must give a clear indication which material is to be considered confidential and why it is considered to be so, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as commercial in confidence will no longer be appropriate. In addition, marking any material as confidential or equivalent should not be taken to mean that NHS Rotherham accept any duty of confidentiality by virtue of such marking. Please note that even where a Tenderer has indicated that information is confidential, NHS Rotherham may be required to disclose it under the FOIA if a request is received NHS Rotherham cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence In certain circumstances where information has not been provided in confidence, NHS Rotherham may still wish to consult with Tenderers about the application of any other exemption such as that relating to disclosure that will prejudice the commercial interests of any party. 19

20 6.3.7 The decision as to which information will be disclosed is reserved to NHS Rotherham, notwithstanding any consultation with the Tenderer. 6.4 Copyright The copyright in the ITT is vested in NHS Rotherham. The ITT may not be reproduced, copied or stored in any medium without the prior written consent of NHS Rotherham other than strictly for the purpose of preparing a Bid. 6.5 Disclaimer The information contained in the ITT is presented in good faith and does not purport to be comprehensive or to have been independently verified. Neither NHS Rotherham, nor any of its advisers accept any responsibility or liability in relation to its accuracy or completeness or any other information which has been, or which is subsequently, made available to any Bidder, Relevant Organisation, funders or any of their respective advisers, orally or in writing or in whatever media. Bidders, their Relevant Organisations, funders and their respective advisers must therefore take their own steps to verify the accuracy of any information which they consider relevant and are not entitled to rely on any statement or representation made by NHS Rotherham or any of their advisers. 20