A tender (also known as an invitation to tender or ITT) is a written request sent out to potential suppliers allowing them to submit an invitation to bid to deliver specific goods or services. The application asks for company information for the buyer, alongside typically a pricing and quality element which is then evaluated, and a preferred supplier selected. A tender document is the basis of a tendering process which helps a buyer select qualified and interested suppliers based on certain contract criteria.

The following is a list of documents that should be included in a tender pack.

Instructions to Tenderers (ITT)

An ITT are a set of instructions to be followed during the tender process, for example:

• When the closing date is
• How to submit the tender
• Tender timetable
• Evaluation criteria, etc.
• Lotting Strategy*

* Tenderers may be split into multiple Lots, this may be by geographical location or by a certain group of goods etc. Tenderers must ensure that they have the capacity to deliver all the Lots bid for. Wording will be included in the tender documentation if the Council is limiting the number of Lots that may be awarded to one supplier.

Specification

This is the description of the goods, services or works required and background information about the contract:

• Details of what we want to buy and consequently what the successful supplier is required to supply
• Outline the relationship between the Council and the supplier and who is responsible for what
• Requirements in relation to staff training, recruitment, etc.
• Policies and procedures to be considered such as complaints, Health and Safety, data processing or confidentiality
• Contract monitoring, management, KPI’s and quality control
• Issues relating to sustainability e.g. disposal requirements, use of recycled materials etc
• Any other details that are relevant to the contract e.g. timescales, meetings, progress reports and delivery schedules.

Evaluation Criteria

Sometimes referred to as ‘Award Criteria’. This outlines the price/cost and quality criteria and the weightings for each. Any sub-criteria will be clearly outlined along with their weightings.

Terms and Conditions of the contract

The general terms and conditions set out the basis of the relationship with between the local authority and the successful supplier, to which the successful supplier and the Council must adhere to throughout the duration of the awarded contract.

Typical terms and conditions will include:

• Obligations of both parties
• Timescales/meeting milestones
• Performance Measures/KPI’s
• Payment Terms/Invoicing
• Provision for termination
• Resolution of disputes

Policies

These are our specific policies relevant to the contract in question, and the tenderer is expected to comply with the policy listed in the tender. For example:

• Safeguarding
• Equality and Diversity
• Whistleblowing
• Health and Safety
• Disclosure and Barring Service
• Alcohol and Substance Misuse
• Smoke Free

You must make sure you understand all the requirements for each policy before submitting your tender.

Form of Tender

This forms the basis of the offer to the local authority should it be accepted i.e. that the company is committed to providing the service as stated within the tender submission. This also asks tenderers to confirm no canvassing or collusion has taken place in preparing their response.

The Form of Tender must be signed by the appropriate level of decision maker. See your internal policies for details.

It is essential that the Form of tender is completed and signed and returned with the rest of the documents. Failure to comply with this requirement may result in the Tender being rejected.

Pricing/Costing Schedule

This is a list of all items that must be individually priced or costed for. For construction based contracts, these will be priced bills of quantities or schedule of rates.

When completing the schedule of prices it is important to refer to the specification and include all items specified.

 Confidentiality Document

Under the Freedom of Information Act 2000 (“the Act”) and The Environmental Information Regulations 2004 (“EIR”) there may be requirements to disclose information concerning the procurement process or the Contract to a person who makes a request.

In this Confidentiality document tenderers may include details of information provided in their tender they consider should be withheld from disclosure, for example, because it would be likely to prejudice their commercial interest if disclosed to a third party including valid reasons for the exemption.

The tender document must be treated as private and confidential. Tenderers should not disclose the fact that they have been invited to tender or release details of the tender document other than on an “in confidence” basis to these who have legitimate need to know or whom they need to consult for the purpose of preparing the tender.

Community Benefits

Suppliers may be required to deliver wider benefits as part of the awarded contract and in some tenders this will form part of the scored Quality questions. We are committed to pursuing Community Benefits in our procurement activity to contribute to the social, economic and environmental well-being of the wider community.

Where this is required, you must answer the community benefits question as part of you tender.

 Equality and Diversity

Local Authorities are fully committed to treating residents and communities fairly and as a public body, have a statutory duty under the Equalities Act 2010, the Public Sector Equality Duty and the Specific Duties for Wales. Your Strategic Equalities Plan sets out the principles of commitment to equality and diversity and outlines how you intend to fulfil our provider and as a community leader.

Make sure that you do not discriminate against people because of their age, disability, ethnicity, religion, belief or non-belief, socio-economic background, gender, sexual orientation, gender reassignment, marital or civil partnership status, responsibility for dependents or for any other unfair reason.

Local Authorities play an important role in raising awareness of Sexual Orientation and Gender Identity issues within supply chains and partner organisations. Any policy should explicitly ban discrimination, bullying and harassment based on sexual orientation and gender identity.

The discussion about Equality and Diversity should be introduced at the beginning of a contract with suppliers and that there is an understanding of why this is important.

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