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NHS Rotherham ITT Document Vol 2 example Page 1 INVITATION TO TENDER DOCUMENTATION XXXXXXX TENDER REF: XXXXXXXX OJEU REF: XXXXXXXX(if applicable) VOLUME 2 Master Index of Tender Documents Date: xxxxxx Rotherham Primary Care Trust Oak House, Moorhead Way, Bramley Rotherham, S66 1YY Tel: 01709 308955 Fax: 01709 302795

INVITATION TO TENDER DOCUMENTATION XXXXXXX … Rotherham ITT Document Vol 2 example.pdf · NHS Rotherham ITT Document Vol 2 example Page 1 INVITATION TO TENDER DOCUMENTATION XXXXXXX

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NHS Rotherham ITT Document Vol 2 example Page 1

INVITATION TO TENDER DOCUMENTATION

XXXXXXX

TENDER REF: XXXXXXXX OJEU REF: XXXXXXXX(if

applicable)

VOLUME 2

Master Index of Tender Documents

Date: xxxxxx

Rotherham Primary Care Trust Oak House, Moorhead Way, Bramley Rotherham, S66 1YY

Tel: 01709 308955 Fax: 01709 302795

NHS Rotherham ITT Document Vol 2 example Page 2

MASTER INDEX OF TENDER DOCUMENTS

TENDER FOR xxxxxxxx CONTRACT

NHS Rotherham ITT Document Vol 2 example Page 3

MASTER INDEX OF TENDER DOCUMENT

Schedule A Invitation to Tender Schedule B Conditions of Tender Schedule C Specification Schedule D Conditions of Contract and Supplementary Conditions of Contract Schedule E Offer Schedule (for mandatory completion and return) Schedule F Form of Offer (for mandatory completion and return) Schedule G Certificate of Non-Canvassing (for mandatory completion and return) Appendices

NHS Rotherham ITT Document Vol 2 example Page 4

SCHEDULE A

INVITATION TO TENDER

NHS Rotherham ITT Document Vol 2 example Page 5

INVITATION TO TENDER

The Rotherham Primary Care Trust, hereafter referred to as “NHS Rotherham” invites competitively tendered offers in accordance with the attached Tender Documents as listed in the xxxxxxxxx Services. NHS Rotherham does not bind itself to accept the lowest, or any offer, and reserves the right to cancel the procurement process at any time.

Tenderers are advised to read this Invitation to Tender and all supporting documentation very carefully to ensure they are familiar with the nature and extent of the obligations to be accepted by them if their Tender is successful. Should a Tenderer be in any doubt as to the interpretation of any or all parts of the Tender documentation, they should submit a request for clarification via the Bravo e:sourcing portal. It is the sole responsibility of the Tenderer to ensure their offer is received in due time. Tenders received after the due date cannot be accepted.

The closing date for the return of Tenders is xxxxxxxxx

NHS Rotherham ITT Document Vol 2 example Page 6

SCHEDULE B

CONDITIONS OF TENDER

NHS Rotherham ITT Document Vol 2 example Page 7

CONDITIONS OF TENDER

1. Information and Confidentiality 1.1 Information that is supplied to Tenderers as part of the procurement exercise is supplied in

good faith. However, Tenderers must satisfy themselves as to the accuracy of such information and no responsibility is accepted for any loss or damage of whatever kind or howsoever caused arising from the use by the Tenderers of such information, unless such information has been supplied fraudulently by NHS Rotherham.

1.2 All information supplied to Tenderers by NHS Rotherham in connection with this

procurement exercise shall be regarded as confidential. By submitting an offer the Tenderer agrees to be bound by the obligation to preserve the confidentiality of all such information.

1.3 This invitation and its accompanying documents shall remain the property of NHS

Rotherham and must be returned on demand.

2. Premises 2.1 The Tenderer may be required to open all premises used by or on behalf of the Tenderer,

for or in connection with the Contract, for inspection at all reasonable times by the authorised representatives of NHS Rotherham.

3. Prices 3.1 Prices must be stated in the Price Schedule and must remain open for acceptance until 90

days from the closing date for the receipt of Tenders. 3.2 Prices are to be fixed for a minimum of 12 months unless a downward movement of prices

occurs. 3.3 Thereafter prices may be subject to annual review based on the Retail Prices Index

excluding Mortgage Interest Payments (RPIX) published by the Office for National

Statistics. Any increase will be subject to a maximum increase on the base price of 2.5%

per annum irrespective of the RPIX. Any increase (or decrease) shall be calculated by comparing the index at the month of contract commencement with the index at month 12 of the contract; this will determine the percentage price movement to be applied to the subsequent year’s contract price. The same process will apply to subsequent years of the

contract, i.e. month 24, 36 etc. (This to be amended in context with the procurement)

4. Tender Documentation and Submission 4.1 Tenders must be for the supply of the whole of the requirements upon the terms and

conditions of the Contract. Tenders for part or parts only of the Specification or for different standards or frequencies of Services or made subject to alternative terms or

conditions may be rejected. (This may be varied in context with the procurement) 4.2 The Services offered should be strictly in accordance with the Specification. Alternative

services may be offered but all differences between such items and the Specification must be indicated in detail in the Offer Schedule.

4.3 Tenders must comprise completion of:

NHS Rotherham ITT Document Vol 2 example Page 8

4.3.1 the Offer Schedule 4.3.2 answers to each Specification requirement in order that the Tender response can

demonstrate adherence to the requirements and support the sections identified on the Award Criteria Matrix.

4.3.3 the Form of Offer 4.3.4 the Certificate of Non-Canvassing

4.4 The Form of Offer must be signed by an authorised signatory: In the case of a partnership,

by a partner for and on behalf of the firm; in the case of a limited company, by an officer duly authorised, the designation of the officer being stated. Any signature included in the Tender will be deemed to be from an authorised person.

4.5 The Tender must be completed in full. Any Tender may be rejected which: 4.5.1 contains gaps, omissions or obvious errors; or 4.5.2 contains amendments which have not been initialled by the authorised signatory; or 4.5.3 is received after the closing time. 4.6 For help in completing the Tender please register your query on the Bravo e:sourcing

portal. Any technical queries with the Bravo system must be addressed to the Bravo

Helpdesk on Telephone: 0800 368 4850 or E-mail : [email protected] 4.7 Offers must be written in English and submitted via the Bravo e:sourcing portal no later

than xxxxxxxxxxx. 4.8 NHS Rotherham may, at its own absolute discretion extend the closing date and time

specified above without request. Any extension granted will apply to all Tenderers.

5. Award Criteria 5.1 The Contract will be awarded on the basis of the most economically advantageous offer

using the criteria as detailed in Volume 1, Section 3.5 of this Tender documentation. 5.2 NHS Rotherham is not bound to accept the lowest or any offer. 5.3 The successful offer including any post tender clarification, together with NHS Rotherham’s

written acceptance, will form a binding contract between NHS Rotherham and the successful Tenderer.

6. Contract Monitoring, Performance Indicators and Key Performance Indicators (KPIs) 6.1 NHS Rotherham is committed to helping improve the efficiency of contracted suppliers

through sharing information on performance measurement. The final criteria for measuring performance shall be agreed with the successful supplier and formally documented.

6.2 (Reference may be made to KPIs specific to the procurement and resulting contract).

7. Canvassing

7.1 Any Tenderer who directly or indirectly canvasses any Member, Official or Agent of NHS Rotherham concerning the award of the Contract is likely to be disqualified.

8. Collusive Tendering

NHS Rotherham ITT Document Vol 2 example Page 9

8.1 Any Tenderer who:

8.1.1 fixes or adjusts the amount of their Tender by or in accordance with any

agreement or arrangement with any other person; 8.1.2 communicates to any person other than NHS Rotherham the amount or

approximate amount of their proposed Tender (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Tender for insurance);

8.1.3 enters into agreement or arrangements with any other person that they shall refrain from Tendering or as to the amount of any Tender to be submitted;

8.1.4 offers or agrees to pay or does pay or give any sum or sums of money, inducement or valuable consideration directly or indirectly to any person for doing or having done, causing or having caused to be done in relation to other Tenders or proposed Tender for the Services any act or omission;

will (without prejudice to any other civil remedies available to NHS Rotherham and without prejudice to any criminal liability which such conduct by a Tenderer may attract) be disqualified.

9. Bonds and Guarantees

9.1 If the successful Tenderer is a subsidiary Company within the meaning of s.154 of the Companies Act 1984 (as amended) it shall also provide to NHS Rotherham within 28 days receipt of written acceptance of the Tender a Guarantee by its holding Company or Companies (as defined by the said section of the said Act) to secure the due performance by the successful Tenderer of its obligations to NHS Rotherham.

9.2 If the Successful Tenderer shall fail to provide the Guarantee within the period specified in

9.1 above, NHS Rotherham may by written notice to the Tenderer accept such failure as putting an end to the Contract and the Tenderer, shall thereupon be liable to pay liquidated damages, for such failure such sum as shall be equivalent to the difference between the amount of the next highest Tender received by NHS Rotherham which at the date such notice is given is still open for acceptance by NHS Rotherham.

10. TUPE

10.1 TUPE may apply to this procurement (This may or may not apply, in context with the

procurement).

NHS Rotherham ITT Document Vol 2 example Page 10

SCHEDULE C

SPECIFICATION

NHS Rotherham ITT Document Vol 2 example Page 11

Please access the embedded document –

xxxxx

You should provide a response to each of the specification points and submit this as part of your Tender submission. You may insert your responses underneath each point and submit that as your response document, or, you may submit a separate document clearly stating that this is your response to the Specification; if you do the latter you must reproduce each of the Specification points in that response so that the evaluation is undertaken against the correct point. Examples of where you have experience of the requirements of the Specification should be provided in order to evidence your statements and response.

NHS Rotherham ITT Document Vol 2 example Page 12

SCHEDULE D

CONDITIONS OF CONTRACT AND

SUPPLEMENTARY CONDITIONS OF CONTRACT

NHS Rotherham ITT Document Vol 2 example Page 13

CONDITIONS OF CONTRACT AND SUPPLEMENTARY CONDITIONS OF CONTRACT

1. Applicable Conditions of Contract

1.1 These Supplementary Conditions of Contract shall be read in conjunction with the NHS

Conditions of Contract for the xxxxxxxxxxx(previously published on the Bravo e:sourcing portal).

1.2 The above NHS Conditions of Contract and the requirements within the Specification,

together with the Successful Bidder’s response, shall form the basis of the Contract between NHS Rotherham and the Successful Bidder.

1.2 In the event of any conflict between these Supplementary Conditions and the NHS

Conditions of Contract, the former shall take precedence. 1.3 The Contractor and NHS Rotherham shall abide by any relevant legislation that is

introduced throughout the period of the resulting contract.

2. Remedies 2.1 All clauses of the aforementioned Conditions of Contract which provide any form of remedy

shall apply to the issue in question.

3. Period of the Contract

3.1 This Contract shall run for a xxxxx year period, with the option of further xxxxx

extensions.

4. Contract Implementation

4.1 NHS Rotherham expects the new Contract to be operational by 1st

xxxxxx

5. Contract Prices

5.1 Prices quoted are on the basis of a firm Annual Price for at least the initial twelve months of

the Contract Contractors will have no automatic right to a price increase throughout the period of the Contract. Requests for amendments to pricing will be in accordance with Schedule B Section 3.

5.2 Any price increase proposed by the Contractor during the Contract period must be made in writing to the officer of NHS Rotherham named on the Contract Schedule three months before the date on which the increase is to take effect. Only upon written agreement from the named officer of NHS Rotherham should these increases be instigated. Any price changes agreed shall remain in force for a minimum of 12 months from the date of change.

5.3 If a price increase has not been requested and accepted as stated above at a preceding 12 month review, the last officially accepted price shall be deemed to have been fixed for the period to date. Any subsequent review will be based upon this price. Under no circumstance will missed opportunities for cumulative price reviews be considered in the negotiation process.

6. Termination

NHS Rotherham ITT Document Vol 2 example Page 14

6.1 Notwithstanding the termination clauses appearing in the aforesaid NHS Conditions of Contact either party may terminate this any resulting Contract by giving no less than xxxxx months notice in writing to the other party. Such notice of termination to be addressed to the parties’ authorised officers for this Contract.

6.2 In addition to the above, NHS Rotherham reserves the right to terminate any resulting

Contract in order to adhere to any statutory directive from the Yorkshire and Humber Strategic Health Authority, Department of Health or the Secretary of State for Health (or any other such statutory body with the appropriate powers) that results from any proposed or actual changes to the structure of health services within Rotherham.

7. Novation

7.1 The NHS is currently going through a period of structural change that shall result in NHS

Rotherham ceasing to exist in its current structure. NHS Rotherham therefore reserves the right to novate all or part of the Contract to such a body or bodies that is/are appointed by the Secretary of State, Department of Health (or any other such statutory body with the appropriate powers) to undertake the commissioning of healthcare services for the Rotherham population.

NHS Rotherham ITT Document Vol 2 example Page 15

SCHEDULE E

OFFER SCHEDULE – for mandatory completion and inclusion within the Tender

response

NHS Rotherham ITT Document Vol 2 example Page 16

OFFER SCHEDULE

(This will vary in context with the procurement)

Signed:

…………………………………………………………………………………..

Print Name:

…………………………………………………………………………………..

Title:

…………………………………………………………………………………..

Company Name:

…………………………………………………………………………………..

Date:

…………………………………………………………………………………..

NHS Rotherham ITT Document Vol 2 example Page 17

SCHEDULE F

FORM OF OFFER

(for mandatory completion and return)

NHS Rotherham ITT Document Vol 2 example Page 18

FORM OF OFFER

NHS Rotherham Contract for xxxxxxxxx ……………………………….............................................................................................(the Offeror) of .......................................................................................................................... .............

..................................................................................................................................……..

.....................................................................................................................................…... AGREES 1.1 That this Offer and any Contracts arising from it shall be subject to the Conditions of

Tender and the NHS Conditions of Contract and Supplementary Conditions of Contract issued with the Invitation to Tender; and

1.2 to supply services in respect of which its offer is accepted (if any) to the exact quality and

price specified in the Price Schedule in such quantities, and 1.3 that this offer is made in good faith and that the Tenderer has not fixed or adjusted the

amount of the offer by or in accordance with any agreement or arrangement with any other person. The Tenderer certifies that it has not, and undertakes that it will not:

1.3.1 communicate to any person other than the person inviting these offers the amount

or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the Tender, for insurance purposes or for a contract guarantee bond;

1.3.2 enter into any arrangement or agreement with any other person that he or the other

person(s) shall refrain from making an offer or as to the amount of any offer to be submitted.

Signed:

…………………………………………………………………………………..

Print Name:

…………………………………………………………………………………..

Title:

…………………………………………………………………………………..

Company Name:

…………………………………………………………………………………..

Date:

…………………………………………………………………………………..

The Form of Offer must be signed by an authorised signatory. In the case of a partnership it must be signed by a partner for and on behalf of the firm, and in the case of a limited company by an officer duly authorised with the designation of the officer being stated.

NHS Rotherham ITT Document Vol 2 example Page 19

SCHEDULE G

CERTIFICATE OF NON-CANVASSING

(for mandatory completion and return)

NHS Rotherham ITT Document Vol 2 example Page 20

CERTIFICATE OF NON CANVASSING

I/We hereby certify that I/We have not canvassed or solicited any Member, Officer, Employee or Agent of NHS Rotherham in connection with the award of this Tender or any other Tender or proposed Tender for the Services and that no person employed by me/us or acting on my/our behalf has committed any such act. I/We further hereby undertake that I/We will not in the future canvass or solicit any Member, Officer, Employee or Agent of NHS Rotherham in connection with the award of this or any other Tender or proposed Tender for the provision of Services and that no person employed by me/us or acting on my/our behalf will commit any such act.

Signed:

…………………………………………………………………………………..

Print Name:

…………………………………………………………………………………..

Title:

…………………………………………………………………………………..

Company Name:

…………………………………………………………………………………..

Date:

…………………………………………………………………………………..

NHS Rotherham ITT Document Vol 2 example Page 21

APPENDICES