DATED 20 CONDITIONS OF TENDERING FOR CONTRACT FOR SCHOOL TRANSPORT SERVICES

Transcription

1 DATED 20 CONDITIONS OF TENDERING FOR CONTRACT FOR SCHOOL TRANSPORT SERVICES Coras Iompair Eireann Solicitor s Office Bridgewater House Islandbridge Dublin 8 T13/58/12/BL/D4C/090513

2 CONTENTS Page No 1 Invitation to Tender Definitions Information In The Conditions Of Tendering Completion of Tender Form Return of Tenders Information and Queries Compliant Tenders Modifications to/withdrawal of Tenders Evaluation and Opening of Tenders Award of Contract Security and Compliance Prompt Payment Of Accounts Documents Vehicles Background Vetting Check Governing Law and Jurisdiction Tender Form Tender for Contract for School Transport Services Schedule Information To Be Supplied With Tender As Required By Conditions Of Tendering Schedule Insurance Questionnaire Schedule Declaration of Conflicts Schedule Return of Tenders/Information and Queries Schedule Declaration in relation to Exclusion Criteria Schedule Award Criteria Schedule Maximum Adult Seating Capacity, Proposed Cleaning Methodology and Driver Route Training Schedule Employee Declaration Schedule Health, Safety and Environment Questionnaire Schedule Vehicle Documentation Declaration Schedule

3 Driver Documentation Declaration Appendix Operating Board(s) Appendix The Contract Appendix Contact List

4 1 INVITATION TO TENDER 1.1 Bus Eireann Irish Bus ( BE ) invites tenders for the provision of school transport services (the Services ), pursuant to the Contract Notice as specified in Schedule 4, required by BE in accordance with the operating board(s) (the Operating Boards ) set out in Appendix 1 to these conditions of tendering (the Conditions of Tendering ) and on the basis of the contract for school transport services (the Contract ) set out in Appendix 2 to these Conditions of Tendering. 1.2 Where more than one Operating Board is set out in Appendix 1 to these Conditions of Tendering, tenderers may submit a tender for one or more of such Operating Boards. 2 DEFINITIONS 2.1 Unless otherwise stated, any capitalised terms in these Conditions of Tendering which are not defined herein, shall have the same meaning as assigned to them in the Contract. 2.2 The Conditions of Tendering, Operating Boards, Contract and any other documents supplied to tenderers herewith shall be referred to collectively as the Invitation to Tender. 3 INFORMATION IN THE CONDITIONS OF TENDERING 3.1 The Invitation to Tender is a summary of available information and no reliance shall be placed by the tenderer on any information or statements contained herein and/or supplied by BE hereunder and no representation or warranty, express or implied is or will be made by BE in relation to such information. Without prejudice to the foregoing, neither BE nor its advisors, consultants, contractors, servants and/or agents shall have any liability or responsibility in relation to the accuracy, adequacy or completeness of such information or any statements made. For the avoidance of doubt, the tenderer should not assume that such information or statements will remain unchanged. 3.2 BE gives no warranty that the information contained in the Invitation to Tender or supplied by BE hereunder is comprehensive or that it has been independently verified. Nothing in the Invitation to Tender shall be construed as legal, financial or tax advice. 4 COMPLETION OF TENDER FORM 4.1 Tenders shall be submitted on the enclosed tender form (the Tender Form ) together with the other documents referred to in Schedule 1 attached to these Conditions of Tendering and any additional information which the tenderer believes necessary to clarify its bid. 4.2 Execution of the Tender Form: The Tender Form must be duly completed and signed in ink by the tenderer. Tenders shall be submitted in English. The Tender Form must be signed or sealed in whatever manner is usual and legally permissible on behalf of the tenderer for the tenderer to legally bind itself, which signing/sealing entity must be the same as the prequalifying entity. The name of each person signing should be typed or written in block capitals below its signature. The official capacity or authority of the persons signing should be shown. 4.3 Legal Opinion: BE may require the tenderers to procure a formal legal opinion at the tenderer s cost certifying that: 4

5 4.3.1 the tenderer has all requisite corporate power to execute, deliver and perform its obligations under these Conditions of Tendering, the Contract and any bonds required to be procured by the tenderer under the Contract; such execution, delivery and performance of the Conditions of Tendering, the Contract and any bonds required to be procured by the tenderer under the Contract have been duly authorised by appropriate corporate action; and the Conditions of Tendering, the Contract and any bonds required to be procured by the tenderer under the Contract constitute legally binding obligations on the tenderer. 4.4 Tenders should be complete and all documents and details requested should be submitted. Incomplete tenders may be rejected. 4.5 Subcontractors and Suppliers: The successful tenderer shall not be permitted to subcontract or assign the whole or any part of their obligations under the Contract, without the prior written consent of BE. The tenderer s attention is drawn to Condition Insurance Details: Tenderers must submit for approval with their tender, details of the terms of insurance they propose to effect, or which they already hold and intend to use, to meet any insurance requirements stated in the Contract. Where the insurance terms submitted for approval provide for an excess sum, tenderers must include with their tender a statement undertaking responsibility for dealing with third party claims within the excess amount. Excess sums of more than 10,000 shall only be approved at the absolute discretion of BE. 4.7 Tenderers shall complete the Insurance Questionnaire set out in Schedule Where the level of indemnity under any insurance policy which tenderers hold or intend to use to meet any requirements stated in the Contract is an aggregate amount (provided such insurance is permitted under the Contract), tenderers shall notify BE of any claims made under such policy by completing the Insurance Questionnaire. BE reserves the right to request that such policies provide a separate aggregate limit in respect of any claims arising out of or relating to this Contract. 4.9 The details provided by tenderers in the Insurance Questionnaire set out in Schedule 2 and any existing arrangements which tenderers have in place or propose to make in relation to insurance are subject to further comment by BE and its insurance advisers and BE and its insurance advisers may query or seek clarifications on any matters pertaining thereto as they see fit BE reserves the right at its sole discretion to reject any tender where the terms of insurance which is proposed to be provided is not to BE s satisfaction Conflicts of Interest: Any conflict of interest or potential conflict of interest must be fully disclosed in writing to BE as soon as the conflict or potential conflict arises. In circumstances where information in relation to a conflict or potential conflict only comes to the tenderer s notice after the submission of a bid, that information should be communicated to BE immediately upon such information becoming known to the tenderer Without prejudice to the foregoing, tenderers are required to disclose with their tenders details of any relationships that they (or where the tender is submitted by a group, any member of that group), their employees, advisors, servants, agents, consultants, shareholders or relatives 5

6 (which for the purpose of this Condition 4.12, in relation to a person, means a brother, sister, parent or spouse of the person or a child of the person or of the spouse) have with any member, employee, advisor, servant, agent or consultant of BE or Coras Iompair Eireann ( CIE ), including any subsidiary company of CIE, which would or could potentially result in a conflict of interest in bidding for or performing the Contract Accordingly, tenderers, and where the tender is submitted by a group, each member of that group, must complete the Declaration of Conflicts as set out in Schedule In the event of any conflict or potential conflict of interest BE may, in its absolute discretion, decide on the appropriate course of action which may involve the exclusion of the relevant tenderer from the tender process Validity of Tenders: Tenders shall remain valid for six months from the Closing Date, as specified in Schedule 4, for receipt of tenders Price Basis: The tender shall be a fixed price tender and not subject to price adjustment or any price variation formula. The charges shall include all items specified in the tender and all items not specifically mentioned in the tender but necessary to complete the Contract Rates And Prices: The rates and prices quoted in the tender shall include all customs, duties, and levies in operation at the date of the tender but shall be exclusive of Value Added Tax Currency: Rates and prices quoted shall be in euro unless a different currency is expressly authorised by BE Errors and Omissions: Tenderers shall take no advantage of any apparent errors or omissions in the Invitation to Tender. In the event that the tenderer discovers any such error or omission, the tenderer shall immediately notify BE. 5 RETURN OF TENDERS 5.1 The completed tender should be enclosed in a sealed envelope and addressed and delivered to the person and address identified in paragraph 2 of Schedule 4, on or before the Closing Date as set out in paragraph 3 of Schedule 4 (any time specified in Schedule 4 is taken as standard time according to the Standard Time Act, 1968, as amended by the Standard Time (Amendment) Act, 1971 and any subsequent amendment or re-enactment). Tenders not so addressed may be rejected. 5.2 The number of completed hard copies of the tender which should be submitted is set out in paragraph 4 of Schedule Late Tenders: Late tenders received after the Closing Date and after the opening of other tenders shall not be accepted by BE under any circumstances and shall be returned unopened to the tenderer, who is fully responsible for the safe and timely delivery of its tender. Late tenders received after the Closing Date but before the opening of other tenders may be accepted at BE s sole discretion provided that the tenderer can satisfy BE that such tender was dispatched prior to the Closing Date. 5.4 Costs Of Preparation Of Tender: BE will not be responsible for and will not pay for any expense incurred or loss suffered by a tenderer in the preparation or submission of its tender. 6

7 Further, BE shall not be responsible for any travel or accommodation costs incurred by the tenderer unless previously agreed in writing by BE. 5.5 Confidentiality Of Invitation To Tender: The Invitation to Tender and any information or statements contained herein and/or supplied hereunder shall be treated as private and confidential. Tenderers must not disclose the fact that they have been invited to tender or release details of the Invitation to Tender, including any information contained herein and/or supplied hereunder, to third parties other than on a confidential and strict need-to-know basis to those with whom they need to consult for the purpose of preparing the tender. 6 INFORMATION AND QUERIES 6.1 The tenderer must satisfy itself as to the nature and requirements of the Contract. 6.2 All queries directly related to the Contract or the Invitation to Tender should be addressed in writing and sent by post, facsimile or transmission to the person identified in paragraph 5 of Schedule 4 to arrive not later than the last date for receipt of queries as set out in paragraph 6 of Schedule 4. It is the tenderer s responsibility to ensure that all queries are received by BE. 6.3 BE has no obligation to respond to queries. 6.4 Subject to Condition 6.3, copies of all queries submitted pursuant to Condition 6.2 and BE s replies will be circulated to all tenderers no later than the last date for circulation of replies as set out in paragraph 7 of Schedule Supplemental Information: BE may issue supplemental information to all tenderers. Supplemental information may amend any of the information in this Invitation to Tender including by deleting or adding to it or by amending or extending time limits. Supplemental information will only become part of the Contract if it is stated to amend the Contract. 6.6 Amendments: BE may modify any documents in the Invitation to Tender in any respect by way of clarification, addition, deletion or otherwise prior to the Closing Date. 7 COMPLIANT TENDERS 7.1 Compliant Tenders: Except as expressly permitted in these Conditions of Tendering, tenderers must submit a fully compliant tender which is not qualified in any way. Tenderers should describe in their tenders any requirements with which they are unable to comply. BE reserves the right to reject a non-compliant tender. 7.2 Variant Tenders: Variant tenders are not permitted. 8 MODIFICATIONS TO/WITHDRAWAL OF TENDERS 8.1 The tenderer may modify or withdraw its tender after submitting it, if the modification or notice of withdrawal is received in writing before the prescribed time for submission of tenders but not thereafter. The tenderer s modification or notice of withdrawal shall be prepared, sealed and marked on the inner envelopes with the wording MODIFICATION or WITHDRAWAL as appropriate. In particular, the modification and notice of withdrawal shall be signed by a person or persons duly authorised to bind the tenderer and proof of authorisation shall be annexed. 7

8 9 EVALUATION AND OPENING OF TENDERS 9.1 Confidentiality Of Evaluation: After the official opening of tenders, no information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of a contract shall be disclosed to tenderers or other persons not officially concerned with such process. 9.2 Canvassing, Interference and Collusive Tendering: Any attempt by a tenderer to influence the process of tender evaluation and contract award through canvassing or other means shall result in that tender being rejected. Tenderers are advised that the use of improper influence will also result in a tender being automatically disqualified. Examples of such improper influence would be collusion, price fixing, bid rotation or market division. 9.3 Inducements: If any tenderer is found to have, at any time, offered to give or to have agreed to offer or give to any person, any bribe, gift, gratuity, commission or consideration of any kind as an inducement or reward for taking or forbearing to take any action in relation to the obtaining or evaluation of its tender, or for showing or forbearing to show any favour or disfavour to any person in relation to its tender, the tender submitted by such tenderer shall be automatically disqualified and the circumstances surrounding such action shall be referred to the appropriate authority. 9.4 Exclusion Criteria: Tenderers shall complete the declaration in relation to exclusion criteria set out in Schedule Correction Of Errors: Detailed pricing of all tenders will be examined for errors which might alter the tender pricing determined from the figures on the Tender Form. Errors in computation shall be corrected as follows: where there is a discrepancy between amounts in figures and words the amount in words shall apply; where there is a discrepancy between the unit price and the total amount derived from the multiplication of the unit price and the quantity, the unit price as quoted will normally govern unless, in the opinion of BE, there is a gross mathematical error in the unit price, in which event the total amount as quoted will govern; and the amount stated in the Tender Form will be adjusted by BE in accordance with the above procedure and, with the agreement of the tenderer, shall be considered as binding upon the tenderer. Without prejudice to this Condition 9.5, a tenderer not accepting the correction of their tender as outlined in this Condition 9.5 shall have their tender rejected. 9.6 Clarification Of Tenders: To assist in the examination and comparison of tenders, BE may ask tenderers for clarification of their tenders, including breakdowns of prices. 9.7 Tenderers may be asked to attend a post-tender clarification meeting. In such event the tenderer shall bear all its costs and expenses in attending any such meeting. 8

9 10 AWARD OF CONTRACT 10.1 BE reserves the right, at its sole discretion, to accept or reject any tender and to waive any irregularity or informality in any tender. BE shall be under no obligation to accept the lowest or any tender. BE reserves the right not to proceed with the procurement process or any part of it and may terminate the process or any part of it at any time, with or without procuring the Services in another way. In the event of termination of the process, BE will not be liable to any tenderer or any other person. BE does not bind itself to accept any outcome of the process described in these documents and is not obliged to enter into a contract for the Services with anyone If a tender is submitted by a group (more than one) of contractors (whether involving a main contractor, proposed subcontractor, consortium member or otherwise), then those contractors, if their tender is accepted, shall contract so as to provide that each in the group will be jointly and severally liable to BE for execution of the Contract. Where the group proposes to contract as a single entity through the incorporation of a special purpose vehicle or otherwise, the entity s obligation shall be guaranteed by each group member. It will be necessary for any group of contractors wishing to submit a joint bid to state a single addressee who will be responsible for the receipt and processing of the participating orders and for resolving any problems relating to the tender and the Contract, if awarded. For the avoidance of doubt, all information, including declarations, requested in these Conditions of Tendering must be submitted in respect of each group member If, as a result of a change in circumstances or otherwise, any information given by a tenderer to BE, in a tender or otherwise, including in the prequalification questionnaire, was (when submitted) or has become (by reference to the facts as they then stand or otherwise) untrue, incomplete or misleading, the tenderer must notify BE as soon as it becomes aware of this. If it comes to BE s attention (through such notification or otherwise) that: there has been a change in circumstances concerning a tenderer that could affect BE s assessment of its tender or BE s decision to invite the tenderer to submit a tender; or information submitted by a tenderer was (when submitted) or has become (by reference to the facts as they then stand) untrue, incomplete or misleading; BE may (but is not required to) revise its assessment of the tenderer s tender on the basis of the information available to BE Where appropriate, BE reserves the right to procure the Services either as a single contract or, at its sole discretion, by division into two or more lots If a tenderer fails to comply in any way with this Invitation to Tender BE may (but is not obliged to) reject the tender concerned and without prejudice to its right, BE may (but is not obliged to) do any of the following or any combination of them: seek clarification or further information from the tenderer; waive a requirement that BE does not consider material; amend these documents and invite all tenderers to adjust their tenders on the basis of the amendment. 9

10 10.6 Award Criteria: It is envisaged that, in respect of each Operating Board, a successful or preferred bidder will be selected from the tenders which comply with these Conditions of Tendering on the basis of the most economically advantageous tender. The most economically advantageous tender will be evaluated based on the criteria weighted as set out in Schedule BE reserves the right to award the Contract in respect of each Operating Board without any further reference to or communication with any of the tenderers BE reserves the right to conduct the evaluation of tenders and/or the selection of the successful or preferred bidder in successive stages, including the right to reduce the number of bidders by way of a short list and/or seek best and final offers from one or more of the tenderers. BE reserves the right to enter into further negotiations with a preferred bidder. In the event that negotiations with the preferred bidder do not result in the award of the Contract in respect of an Operating Board to the preferred bidder, BE reserves the right to negotiate with any one or more of the remaining tenderers Tenderers should note that, notwithstanding the above, BE reserves the right not to award a contract and to terminate, in its absolute discretion, the award procedure at any time Contract award: It is envisaged that, subject to the agreement of contract terms, the successful tenderer in respect of each Operating Board will ultimately enter into a formal agreement which shall be in substantially the same terms of the Contract attached Standstill period: BE will notify the successful tenderer and all other tenderers who have submitted an admissible tender of its award decision For the avoidance of doubt, BE will not enter into a contract with the successful tenderer until at least 14 days have elapsed since the date on which other tenderers were notified in accordance with Condition SECURITY AND COMPLIANCE 11.1 BE reserves the right to make award of the contract conditional upon the tenderer giving such security for the due performance of the Contract as BE may require Tax: It will be a condition of the award of the Contract that the successful tenderer will be required to produce for inspection by BE a current Tax Clearance Certificate issued by the Irish Revenue Commissioners The tenderer shall continue to hold current issues of all such certificates until the final payment becomes due under the Contract, and no payment falling due under the Contract will be made by BE unless it has in its possession at the time of such payment a current issue of the relevant certificates Employment Legislation: It will be a condition of the award of the Contract that the tenderer shall observe all applicable employment legislation in force in Ireland during the course of the Contract including, without limitation, the National Minimum Wage Act 2000 and all Employment Regulation Orders and Registered Employment Agreements Tenderers shall complete the declaration in relation to employees set out in Schedule 8. 10

11 11.6 Tenderers shall complete the Health, Safety and Environment questionnaire set out in Schedule PROMPT PAYMENT OF ACCOUNTS 12.1 Tenderers shall note that the Prompt Payment of Accounts Act, 1997 (No 31 of 1997) (the Act ) as amended will apply to the Contract. 13 DOCUMENTS 13.1 The documents required to be submitted by the tenderer, in order to submit a valid tender, are set out in Schedule 1 to these Conditions of Tendering. 14 VEHICLES 14.1 All vehicles operating school transport services must be no older than 20 years and must be fitted with appropriate seatbelts. Vehicles operating school transport services must be kept within the 20 year age limit. Any vehicle proposed by a tenderer which is older than 20 years or does not have appropriate seatbelts will not be considered under this procurement process. Failure by a successful tenderer to adhere to this requirement will result in contract termination BE reserves the right to inspect or arrange for a third party to inspect at any time during the procurement process any vehicle(s) proposed by a tenderer or utilised by a service provider for the provision of school transport services. The tenderer or service provider shall bear the cost of such inspections as may be specified by BE. If a vehicle fails such an inspection, the tenderer or service provider may have action taken against them up to and including elimination from the procurement process and/or contract termination BE further reserves the right at its absolute discretion not to award a Contract in respect of an Operating Board where, in the opinion of BE, the successful tenderer s vehicle is unsuitable for the operating conditions pertaining to the Operating Board A tenderer who submits a tender for an Operating Board which requires a vehicle type with nine or more adult seats must hold a current Road Passenger Transport Operator s Licence which must be issued in the name of the tenderer. Any such tenderer who fails to hold such a Road Passenger Transport Operator s Licence will not be considered under this procurement process. 15 BACKGROUND VETTING CHECK 15.1 A background vetting check by An Garda Siochana is mandatory for persons engaged in the transportation of school children while operating school transport services. Tenderers who do not disclose accurate information or who have not responded to investigative enquiries may have action taken against them up to and including elimination from the procurement process and/or contract termination. 16 GOVERNING LAW AND JURISDICTION 16.1 These Conditions of Tendering shall in all respects be governed by and construed in accordance with the laws of Ireland. 11

12 16.2 Tenderers irrevocably agree for the benefit of BE that the courts of Ireland have exclusive jurisdiction to hear and decide any suit, action or proceedings and to settle any disputes which may arise out of or are in connection with these Conditions of Tendering, and, for these purposes, irrevocably submit to the jurisdiction of the courts of Ireland. 12

13 TENDER FORM Tender for Contract for School Transport Services TO:- [Tenderers must insert the name and address of the relevant person specified in Appendix 3] 1. In accordance with and subject to the Conditions of Tendering for Contract for School Transport Services ( Conditions of Tendering ), we hereby tender for the contract to provide the services required by Bus Eireann Irish Bus ( BE ) as described in the Operating Boards set out in Appendix 1 to the Conditions of Tendering and on the basis of the Contract for School Transport Services set out in Appendix 2 to the Conditions of Tendering for the charges specified in the Pricing Schedule attached to this Tender Form: NB:- * Charges quoted should be stated in words as well as figures and should be exclusive of VAT. * Tenderers are asked to provide a complete breakdown of the makeup of their tender. 2. Charges quoted should include all preparatory work necessary to provide the Services. 3. We understand that you are not bound to accept the lowest or any tender you may receive. 4. We confirm that this tender shall be valid for six months from the Closing Date and that it shall remain binding upon us for that period. 13

14 Name of Person, Firm or Company Tendering: Address (IN BLOCK LETTERING) Company Registration Number (if applicable) Telephone Number Fax Number address Contact Name 14

15 The Common Seal of was hereunto affixed in the presence of : Director Director/Secretary OR Signed for and on behalf of Person, Firm or Company Witness s Signature: Witness s Address: Witness s Occupation: DATED the day of 20 15

16 Please continue on a separate sheet, if required. Pricing Schedule School Transport Services OPERATING BOARD NO. PRICE FOR COMPLETE OPERATING BOARD PER DAY (in numbers and writing) Please specify in respect of the vehicle* proposed for each Operating Board: (1) VEHICLE TYPE (i.e. Double Deck, Large, Medium, Mini or Taxi Please specify in respect of the vehicle* proposed for each Operating Board: Please specify in respect of the vehicle proposed for each Operating Board ADULT / WHEELCHAIR SEATING CAPACITY** Registration Make Model Seat belts fitted (insert YES/NO as appropriate) Registration Make Model Seat belts fitted (insert YES/NO as appropriate) 16

17 Registration Make Model Seat belts fitted (insert YES/NO as appropriate) * All vehicles operating school transport services must be no older than 20 years and must be fitted with appropriate seatbelts. Vehicles operating school transport services must be kept within the 20 year age limit. Any vehicle proposed by a tenderer which is older than 20 years or does not have appropriate seatbelts will not be considered under this procurement process. Failure by a successful tenderer to adhere to this requirement will result in contract termination. **Tenderers should note paragraph 4 of Schedule 6 and the minimum required adult seating capacity specified by BE in respect of the Operating Board(s) at Appendix 1. 17

18 SCHEDULE 1 Information To Be Supplied With Tender As Required By Conditions Of Tendering 1. Completed Tender Form including completed Pricing Schedule; 2. Compliant Tender; 4. Details of insurance which tenderers hold or intend to use in compliance with the Contract; 5. Completed Insurance Questionnaire (stamped by insurance company/broker) set out in Schedule 2; 6. Completed Health, Safety and Environment Questionnaire set out in Schedule 9; 7. Completed Employee Declaration set out in Schedule Current Tax Clearance Certificate; 9. Completed Declaration of Conflicts set out in Schedule 3; 10. Completed Declaration in relation to exclusion criteria set out in Schedule 5; 11. Applicant s Current Road Passenger Transport Operator s Licence (applicable for all vehicles with nine or more adult seats); 12. Details of the type of seatbelts fitted to the vehicle nominated for the provision of the services in respect of each Operating Board for which a tender is submitted; 12. Completed Vehicle Documentation Declaration set out in Schedule 10; 13. Completed Driver Documentation Declaration set out in Schedule 11; 14. Completed Schedule 7 to these Conditions of Tendering; and 15. All other information expressly or implicitly required by the Conditions of Tendering. 18

19 SCHEDULE 2 Insurance Questionnaire Contractor Business Description on policies Required Minimum Level of Indemnity (Schedule XXXX) Excess each Claim Insurer Renewal Date Employers Liability 13M YES/NO Public Liability 2.5M YES/NO Indemnity to Bus Éireann, Coras iompair Éireann and Minister for Education and Skills. Motor Insurance (Third Party Property 1.3M Damage) Taxi Motor Insurance (Third Party Property 30M Damage) I / We confirm that the details contained in the following sections are correct as at Signature : Date: / / YES/NO YES/NO Printed Name : Broker/Insurance Company: Broker/Insurance Company Stamp: 19

20 SCHEDULE 3 Declaration of Conflicts Contract Title: Contract for School Transport Services Conflict of Interest Declaration *I (insert full name) Of (insert company name) (the Company ) Of (insert Company address) declare, as follows: (a) I am not aware of any conflict of interest or potential conflict of interest in bidding for or performing the Contract; and (b) Neither I nor any employee, advisor, servant, agent, consultant, shareholders or relatives (which term, for the purposes of this declaration, shall have the meaning as set out in Condition 4.12 of these Conditions of Tendering) of the Company, have any relationship with employees, advisors, servants, agents, consultants or shareholders of Bus Eireann-Irish Bus or Coras Iompair Éireann (including any subsidiary companies of Coras Iompair Éireann) ( CIE ), or the relatives of Bus Eireann-Irish Bus or CIE personnel, that do or could potentially result in a conflict of interest in bidding for or performing the Contract except as set out below. I undertake to immediately make a further declaration detailing any conflict or potential conflict which may arise during the performance of the Contract and to immediately take all necessary steps to resolve it. Signed by*: [ ] For and on behalf of: [ ] Name in Block Capitals: Dated: * This declaration must be signed by a duly authorised person in the tenderer s organisation. In the case of a company, a director of the company or the company secretary must sign this declaration. 20

21 SCHEDULE 4 Return of Tenders/Information and Queries 1. In accordance with Condition 1.2 of the Conditions of Tendering, the Contract Notice placed in the Official Journal of the European Communities is referenced as follows: Publication Date: Reference Number: 11 th March ( ) 2. In accordance with Condition 5.1 of the Conditions of Tendering, the completed tender should be returned together in a sealed envelope addressed to: To: Address: See Contact List at Appendix 3 for the relevant addressee. See Contact List at Appendix 3 for the relevant address. 3. In accordance with Condition 5.1 of the Conditions of Tendering the Closing Date shall be: 1700 hours on 12 th June In accordance with Condition 5.2 of the Conditions of Tendering, the number of hard copies of the tender which should be submitted is: Two (2) 5. In accordance with Condition 6.2 of the Conditions of Tendering, all queries shall be addressed in writing and sent by post, facsimile or transmission to: 21

22 To: See Contact List at Appendix 3 for the relevant addressee. Address: Facsimile: See Contact List at Appendix 3 for the relevant address. See Contact List at Appendix 3 for the relevant facsimile. See Contact List at Appendix 3 for the relevant In accordance with Condition 6.2 of the Conditions of Tendering, the last date for receipt of queries shall be: Friday 31 st May 2013 at 5:00pm 7. In accordance with Condition 6.4 of the Conditions of Tendering, the last date for circulation of replies to queries shall be: Thursday 06 th June 2013 at 5:00pm 22

23 SCHEDULE 5 Declaration in relation to Exclusion Criteria DECLARATION (as per Article 56(4) of the European Communities (Award of Contracts by Utility Undertakings) Regulations 2007) Name of Tenderer: THIS DECLARATION, DULY COMPLETED, MUST BE SUBMITTED BY ALL TENDERERS Address: Country: Please tick Yes or No as appropriate to the following statements. (1) The tenderer is bankrupt or is being wound up or its affairs are being administered by a 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 a law of Ireland, another Member State of the European Union or a third country. (2) The tenderer is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by a court or of any other similar proceedings under a law of Ireland, another member state of the European Union or a third country. (3) The tenderer, a director or partner has been found guilty of professional misconduct by a competent authority that is authorised by law to hear and determine allegations of professional misconduct against persons, including the tenderer. (4) The tenderer, a director or partner has committed grave professional misconduct provable by means that Bus Éireann can demonstrate. (5) The tenderer, a director or partner has had a contract terminated by Bus Éireann or another contracting entity within the last five years preceding the date of this declaration**. (6) The tenderer has not fulfilled its obligations relating to the payment of taxes or social security contributions in Ireland or in any other country in which the tenderer ordinarily resides or carries on business. Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] (7) The tenderer, a director or partner has been convicted of an offence involving fraud. Yes [ ] No [ ] (8) The tenderer, a director or partner has been convicted of an offence involving money laundering. (9) The tenderer, a director or partner has been convicted of an offence involving corruption. (10) The tenderer, a director or partner has been convicted of an offence involving participation in a prescribed criminal organisation. (11) The tenderer has provided a statement or information to Bus Éireann or another contracting entity relevant to this procurement process knowing it to be false or misleading. (12) The tenderer has failed to provide a statement or other information that is reasonably required by Bus Eireann for the purpose of this procurement process. Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] Yes [ ] No [ ] I certify that the information provided above is accurate and complete. 23

24 I understand that the provision of inaccurate or misleading information in this declaration may lead to the tenderer being excluded from participation in this procurement process and/or in future procurement processes. SIGNATURE: NAME: POSITION: DATE: TEL: FAX: *This declaration must be signed by a duly authorised person in the tenderer s organisation. In the case of a company, a director of the company or the company secretary must sign this declaration. **Where a tenderer s response to statement 5 is Yes, the tenderer should describe on a separate page the circumstances in which the termination occurred. Bus Éireann reserves the right to seek such further information from the tenderer in respect of the said termination as Bus Éireann may, in its absolute discretion, require in order for Bus Éireann to understand the circumstances in which the termination occurred. The information provided will be taken into account by Bus Éireann in considering whether or not to exclude the tenderer from further participation in this procurement process. 24

25 SCHEDULE 6 Award Criteria 1. A total of 1000 marks (100%) is available. The Quality/Price ratio is 40:60. For the avoidance of doubt, the Quality/Price ratio is set out below Criteria Max # of Marks Available % of Total Marks Available Quality % Price % Total % 2. Quality 2.1 A minimum quality threshold of 50% applies to each of the quality criteria (the Minimum Quality Threshold ). 2.2 Only tenders which meet the Minimum Quality Threshold will be evaluated on Price. QUALITY CRITERIA MARKS AVAILABLE Minimum Quality Threshold A. Maximum adult seating capacity of the vehicle proposed for the Operating Board within the vehicle type specified by BE for the Operating Board.* B. Proposed methodology for internal cleaning of the vehicle nominated for the provision of the Services C. Proposed methodology for external cleaning of the vehicle nominated for the provision of the Services D. Proposed driver route training in respect of the Operating Board for which a tender is submitted Total Marks Available 400 *Please see paragraph 4 below for details on how marks are awarded for award criterion A. 3. Price 3.1 Tenders which meet the Minimum Quality Threshold will be evaluated on Price as follows: 25

26 3.1.1 the maximum number of marks available for Price is 600. The Price will be the price for the complete Operating Board per day as specified by the tenderer in the Pricing Schedule in respect of the Operating Board under evaluation the Price will be assessed using the formula set out below. Each compliant tender submitted for each Operating Board will be scored using the following formula: Price Score = Lowest compliant tendered price x Max No. of marks available (600) Tendered price under evaluation 4. Award of marks in respect of award criterion A 4.1 In order to meet the Minimum Quality Threshold for this criterion, the adult seating capacity of the vehicle proposed for the relevant Operating Board must meet the minimum required adult seating capacity specified by BE for the said Operating Board. 4.2 A tender will be awarded the maximum marks available for award criterion A where: the adult seating capacity of the vehicle proposed for the relevant Operating Board exceeds the minimum required adult seating capacity specified by BE for the said Operating Board; or in respect of taxis, mini buses and medium buses, the adult seating capacity of the vehicle proposed for the relevant Operating Board meets the minimum required adult seating capacity specified by BE for the said Operating Board and the said minimum required adult seating capacity is the same as the maximum adult seating capacity for taxis, mini buses and medium buses, respectively, as specified by BE in the tables of qualification panels at Schedule A to the Prequalification Questionnaire ( PQQ ) for this tender process. For the avoidance of doubt, the maximum adult seating capacity specified by BE in the PQQ for taxis, mini buses and medium buses is 8, 18 and 34 adult seats, respectively. By way of example, where BE specifies in respect of an Operating Board that a mini bus is required and that the minimum required adult seating capacity is 14 adult seats, then a mini bus proposed for that Operating Board with an adult seating capacity greater than 14 adult seats will receive the maximum marks available under award criterion A. By way of further example, where BE specifies in respect of an Operating Board that a medium bus is required and that the minimum required adult seating capacity is 34 adult seats, then a medium bus proposed for that Operating Board with an adult seating capacity of 34 adult seats will receive the maximum marks available under award criterion A. 26

27 SCHEDULE 7 Maximum Adult Seating Capacity, Proposed Cleaning Methodology and Driver Route Training Please address each of the headings below in detail. Please continue on a separate sheet, if required. A. MAXIMUM ADULT SEATING CAPACITY OF THE VEHICLE PROPOSED FOR THE OPERATING BOARD WITHIN THE VEHICLE TYPE SPECIFIED BY BE FOR THE OPERATING BOARD. Tenderers should note paragraph 4 of Schedule 6 and the minimum required adult seating capacity specified by BE in respect of the Operating Board(s) at Appendix 1. TENDERER S RESPONSE: B. PROPOSED METHODOLOGY FOR INTERNAL CLEANING OF THE VEHICLE NOMINATED FOR THE PROVISION OF THE SERVICES. Please provide details of the tenderer s proposed methodology (including frequency) for internal cleaning of the vehicle nominated for the provision of the Services. TENDERER S RESPONSE:

28 C. PROPOSED METHODOLOGY FOR EXTERNAL CLEANING OF THE VEHICLE NOMINATED FOR THE PROVISION OF THE SERVICES. Please provide details of the tenderer s proposed methodology (including frequency) for external cleaning of the vehicle nominated for the provision of the Services. TENDERER S RESPONSE: D. PROPOSED DRIVER ROUTE TRAINING IN RESPECT OF THE OPERATING BOARD FOR WHICH A TENDER IS SUBMITTED. Please provide details of the proposed route training to be provided by the tenderer to the nominated driver(s) for the Services on the Operating Board for which a tender is submitted. TENDERER S RESPONSE: 28

29 SCHEDULE 8 Employee Declaration I hereby certify that all employees, regardless of nationality, engaged on contracts for the CIE Group of companies, including Bus Eireann-Irish Bus, are paid not less than the statutory minimum wage and, where applicable, Registered Employment Agreements, and I further certify that I will fully comply with the obligations to keep all records in accordance with all employment legislation. Company Name Signed* Block capitals Position Date Company Stamp Company Stamp *This declaration must be signed by a duly authorised person in the tenderer s organisation. In the case of a company, a director of the company or the company secretary must sign this declaration. 29

30 SCHEDULE 9 Health, Safety and Environment Questionnaire Please complete all relevant fields in this questionnaire. Business Name Business Address Nature of Business Telephone/Fax No. Part 1: Management of Health and Safety 1. Who in your organisation is responsible for the day to day management of health and safety? Name of competent person (in-house): Name of competent person (external; if any): 2. Please provide details of all the health and safety qualifications of the person(s) identified at 1 above. 3. Who has ultimate responsibility for the management of health and safety of the organisation, including responsibility for the person(s) identified at 1 above? Name of responsible person: Position within the organisation: Part 2: Safety Statement 1. On what date did your organisation carry out its last safety statement review? 2. Describe how you communicate the safety statement to your employees. 30

31 Note: A copy of your current Health and Safety Statement should be provided along with your tender documentation. Part 3: Risk Assessment/Method Statements 1. Do you have a documented policy or Yes No procedure for hazard identification and risk assessment? 2. Describe your policies or procedures for hazard identification and risk assessment: 3. Are you familiar with method statements? Yes No Please provide a sample method statement applicable to the works, services or supplies to be provided to Bus Eireann, under this tender process. Part 4: Training 1. Describe your policies or procedures for the provision of instruction, training and supervision in respect of health and safety. 2. Please attach details of all health and safety training relevant to those who will be engaged in providing the works, services or supplies to Bus Eireann, under this tender process. Part 5: Accidents 1. How many reportable accidents have you recorded in the past 3 years? Number of reportable accidents Please provide summary details of each reportable accident: Accident 31

32 1: Accident 2: Accident 3: Note: Where more than 3 reportable accidents have been recorded during this time, please attach summary details of each to this questionnaire. Part 6: Improvement/Prohibition Notices and Prosecutions 1. Give details of any health and safety improvement notices, prohibition notices, directions for an improvement plan, environmental warning letters and/or notices received or prosecutions brought against your organisation in the past 3 years (Attach a brief summary if applicable). Note: Prior to any award of contract, you may be required to submit additional information to substantiate your answers. 32

33 SCHEDULE 10 Vehicle Documentation Declaration 1. I hereby certify that I have in my possession a current original version of each of the following documents in respect of each vehicle nominated for each Operating Board for which a tender is submitted and that each such document is issued in the name of the tenderer: 1.1 Vehicle registration certificate; 1.2 Motor insurance certificate; 1.3 Vehicle licence (either PSV, SPSV, or Section 60 Garda Licence, as applicable); and 1.4 Certificate of Roadworthiness, (the Original Vehicle Documentation ). 2. I hereby undertake to provide to Bus Eireann the Original Vehicle Documentation, as and when requested by Bus Eireann prior to the signing of a Contract and to provide to Bus Eireann an up-to-date version of the Original Vehicle Documentation prior to any renewal of a Contract. 3. I acknowledge and accept that failure to provide the Original Vehicle Documentation as and when requested by Bus Eireann may result in elimination from this tender process or Contract termination, as the case may be. Signed by*: [ ] For and on behalf of: [ ] Name in Block Capitals: Dated: * This declaration must be signed by a duly authorised person in the tenderer s organisation. In the case of a company, a director of the company or the company secretary must sign this declaration. 33

34 SCHEDULE 11 Driver Documentation Declaration 1. I hereby certify that I have in my possession a current original version of each of the following documents in respect of each driver nominated (including, if applicable, the tenderer) for each Operating Board for which a tender is submitted: 1.1 appropriate driving licence (including SPSV Driver Licence where applicable); 1.2 evidence of attendance at the appropriate module of Driver CPC training; and 1.3 doctor s certificate certifying that the driver is medically fit to drive the highest category of vehicle shown on the driver s driving licence. 2. I hereby undertake to provide to Bus Eireann the original version of each document specified in paragraph 1.1 to paragraph 1.3 above (the Original Driver Documentation ), as and when requested by Bus Eireann prior to the signing of a Contract and to provide to Bus Eireann an up-to-date version of the Original Driver Documentation prior to any renewal of a Contract. 3. I acknowledge and accept that failure to provide the Original Driver Documentation as and when requested by Bus Eireann may result in elimination from this tender process or Contract termination, as the case may be. Signed by*: [ ] For and on behalf of: [ ] Name in Block Capitals: Dated: * This declaration must be signed by a duly authorised person in the tenderer s organisation. In the case of a company, a director of the company or the company secretary must sign this declaration. 34

35 APPENDIX 1 Operating Board(s) 35

36 APPENDIX 2 The Contract 36

37 APPENDIX 3 Contact List CONTACT LIST Local School Transport Office CONTACT NAME AND ADDRESS Phone Fax Qualification Panels Table No. Dublin, Wicklow, Kildare & Meath Cavan, Louth & Monaghan Cork North, South, East & West Kerry Limerick, Clare & North Tipperary Carlow, Kilkenny, Wexford, South Tipperary & Waterford Galway Laois, Offaly, Longford, Roscommon & Westmeath Mayo Sligo & Leitrim Donegal Mr. Fred Meagher, School Transport Office, Tara House, Tara Street., Dublin 2. Ms. Joanne Duffy, School Transport Office, Bus Éireann, Longwalk, Dundalk, Co.Louth. Ms. Charlotte Donnelly, School Transport Office, Bus Éireann, Capwell, Cork. Ms. Liz o'sullivan, School Transport Office, Bus Éireann, John Joe Sheehy Road, Tralee, Co. Kerry. Ms. Stephanie Ryan, School Transport Office, Bus Éireann, Roxboro Rd., Limerick City. Ms. Claire Furlong, School Transport Office, Bus Éireann, Plunkett Station, Waterford City. Ms. Nessa Moloney, School Transport Office, Bus Éireann, Ceannt Station, Eyre Square, Galway City schools.dublin@buseireann.ie schools.dundalk@buseireann.ie schools.cork@buseireann.ie schools.tralee@buseireann.ie schools.limerick@buseireann.ie schools.waterford@buseireann.ie schools.galway@buseireann.ie Ms. Siobhan Griffin, School Transport Office, Bus Éireann Bus Depot, Athlone, Co. Westmeath schools.athlone@buseireann.ie Ms. Ann Roche, School Transport Office, Bus Éireann, Kevin Barry Street, Ballina, Co Mayo schools.ballina@buseireann.ie Ms. Fiona Scanlon, School Transport Office, Bus 071- Éireann, McDiarmada Station, Sligo Town, Co. Sligo schools.sligo@buseireann.ie Ms. Catriona DeWard, School Transport Office, Bus 074- Éireann, Stranorlar, Co. Donegal schools.stranorlar@buseireann.ie