Creating sporting opportunities in every community
INVITATION TO TENDER
FOR
COMMERCIAL CONSULTANCY
CONTRACT REFERENCE:SE454
Table of Contents
glossary / 3
Section 1 / Background / 4
part a – background / 6
part b – overview of the invitation to tender and the procurement process / 9
section 2 / tendering process / 12
part a – instructions to tenderers / 14
part b – tender evaluation / 23
schedules 1-4 / 26-33
section 3 / specification / 34
section 4 / specification response requirements / 37
section 5 / commercial response requirements / 39
schedule 6 / 42
schedule 7 / 53
schedule 8 / 54
[appendix 2] / 55-58
+
1-59
schedule 9 / 60
Glossary
Unless the context otherwise requires, the following words and expressions used within this Invitation to Tender shall have the following meanings:
TERM / MEANING“Authority” / meansThe English Sports Council
“Sport England” / means The English Sports Council
“Call Off Contract” / means the document set out in the draft Framework Agreement contained in Section 5 of this ITT
“Competed Services / means the competed [goods] [services] which will be Ordered from the Framework Agreement following a Mini-Competition and are set out at Schedule 1 of the Framework Agreement
“Conditions of Tender” / means the terms and conditions set out in this ITT relating to the submission of a Tender
“Due Diligence Information” / means the background and supporting documents and information provided by the Authority for the purpose of better informing the Tenderers’ responses to this Invitation to Tender
FoIA / means the Freedom of Information Act 2000 and any subordinate legislation made under such Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government department in relation to such legislation
“Framework Agreement” / means the agreement (as set out in Section 5, Schedule 8 of this ITT) to be entered by the Authority and the Provider(s) following any award under the procurement exercise
“Invitation to Tender” or “ITT” / means this invitation to tender documentation and all related documents published by the Authority and made available to Tenderers and includes the Due Diligence Information.
“Mini-competition” / means the award of a Call Off Contract by re-opening competiton between the Providers appointed to the Framework Agreement and which are capable of performing the proposed contract
“Order” / means an order for services served by any Contracting Body on the Provider
“Other Contracting Bodies” / means all Contracting Bodies except the Authority
“Provider” / means the organisation(s) admitted to the Framework Agreement
“Standard Services” / means the services set out at Schedule 1 of the Framework Agreement
“Tender”, “Response”, “Tender Response”, “Tendered Response” or “ITT Response” / means the Tenderers formal offer in response to this Invitation to Tender
“Tenderers” / means the organisations being invited to respond to this Invitation to Tender
Section 1 - Background
Table of Contents – Section 1 - Background
Part A – Background
1Introduction
2Sport England
3National Governing Bodies
Part B – Overview of the Invitation to Tender
1Introduction
2Proposed Framework Agreement – Single Provider
4Orders Under Multiple Provider Frameworks
Section 1 – Part A
Background
1Introduction
1.1Sport England is seeking to appoint providers onto a framework agreement for the provision of Commercial Consultancy to a number of National Governing Bodies of Sports (NGBs).
It is anticipated that the Agreement will commence in mid July 2012 and be completed no later than 31st March 2013.The estimated value of the Agreement is £170,000.
1.2If this project is successful, there may be a future requirement for this service. If so, Sport England may invite tenders for a further contract through the OJEU processes in the latter part of 2012 for an agreement to commence after 31st March 2013.
2 Sport England
2.1Sport England is the brand name of the English Sports Council which was established by Royal Charter on 19th September 1996 as one of the two successor bodies to the Sports Council. It is the government agency responsible for investing National Lottery and Exchequer funding in organisations and projects that will grow and sustain participation in grassroots sport and create opportunities for people to excel at their chosen sport.
2.2Sport England is focused on helping people and communities across the countrycreate asporting habit for life.We will invest over £1 billion of National Lottery and Exchequer funding between 2012 and 2017 in organisations and projects that will:
- Help more people have a sporting habit for life
- Create more opportunities for young people to play sport
- Nurture and develop talent
- Provide the right facilities in the right places
- Support local authorities and unlock local funding
- Ensure real opportunities for communities
2.3Sport England works closely with National Governing Bodies of Sport and a portfolio of National Partners to ensure that these strategic outcomes can be delivered effectivelyincluding:
- National governing bodies of sport (eg the English and Wales Cricket Board, England Netball, GB Hockey)
- National funded partners (eg Women's Sport and Fitness Foundation, English Federation for Disability Sport)
- Central Government
- Local Government
- County Sport Partnerships
- Higher and Further Education
- The commercial sector
Sport England is accountable to Parliament and reports into the Department for Culture, Media and Sport (DCMS).
2.4Sport England, will actively manage the resulting Framework Agreement
3National Governing Bodies (NGBs)
3.1The Framework Agreement will be available for use by NGBs throughout the whole of England. NGBs may utilise the resulting Framework Agreement from the commencement date.
3.2A list of NGBscan be found at Appendix 1 of this document.
Appendix 1
Any of the following bodies may place a call-off through this Framework Agreement. However, the total value of the Agreement will not exceed £170,000 in total.
Angling Development Board / Pentathlon GBArchery GB / British Mountainering Council
England Athletics / Exercise Movement and Dance Partnership
UK Athletics / England Netball
Badminton England / British Orienteering Federation
Baseball/Softball Uk Limited / Rounders England
England Basketball / British Rowing
Boccia England / Rugby Football League
Bowls Development Alliance / Rugby Football Union
Amateur Boxing Association of England Limited / Rugby Football Union for Women
British Canoe Union / Royal Yachting Association
England and Wales Cricket Board / British Shooting
British Cycling / Snowsport England
British Equestrian Federation / England Squash and Racketball
British Fencing / Amateur Swimming Association
The Football Association / English Table Tennis Association
Goalball UK / GB Taekwondo
England Golf Partnership / Taekwondo Organisation Limited
British Gymnastics / British Taekwondo Control Board
England Handball / British Taekwondo Council
England Hockey / Lawn Tennis Association
British Judo Association / British Triathlon Federation
English Lacrosse Association / Volleyball England
British Water Ski & Wakeboard
British Weightlifting / Great Britain Wheelchair Rugby
British Wheelchair Basketball / British Wrestling Association
Section 1 – Part B
Overviewof the Invitation to Tender
1Introduction
1.1Sport England wishes to establish a multi-Provider Framework Agreement for the provision of Commercial Consultancy and Support. Sport England is managing this procurement process in accordance with the Public Contracts Regulations 2006 (the “Regulations”). This is a services Framework Agreement being procured under an open procedure.
1.2Sport England is procuring the Framework Agreement as a central purchasing body for Other Contracting Bodies. This means that OCBs referred to in Section 1 Part A Appendix 1will participate in the Framework Agreement.
1.3Section 2 of this ITT contains the Instructions to Tenderers and the conditions of the ITT.
It also contains a number of certificates for you to confirm the basis on which your Tender is being submitted and a checklist for you to ensure you have included the information you must provide with your Response.
1.4Section 3 contains the Specification.
1.5Section 4 contains the Specification Response Requirements. This sets out how the Tenderer must respond to the Specification.
1.7Section 5 contains the Commercial Response Requirements and includes a copy of the proposed Framework Agreement. This sets out how the Tenderer must respond to the commercial aspects of the bid.
1.8Tender Responses will be evaluated using the selection criteria and weightings detailed in Section 2 (B).
1.9Following evaluation of the compliant Tenders and approval of the outcome, Sport England intends to appoint two or three (depending on the outcome of the evaluation)successful suppliers to a framework agreement.
1.10Whilst it is Sport England’s [and any relevant Other Contracting Bodies] intention to purchase the majority of its services under this Framework Agreement from the appointed Providers, this does not confer any exclusivity on the appointed Providers. Sport England and any relevant Other Contracting Bodies reserve the right to purchase any services (including those similar to the services covered by this procurement) from any provider outside the Framework Agreement.
2Proposed Framework Agreement
2.1It is Sport England’s intention to enter into a Framework Agreement with more than one Provider.
2.2Call-Off Contracts under the Framework Agreement will be awarded following a Mini-CompetitionThis process is explained in more detail below.
2.3Following Mini-Competition, Call-off contracts will be formed by the issue of an Order by the relevant NGB, to the Provider and acceptance by the Provider of such an Order. The Call-off Contract will be on the terms specified in the Framework Agreement - Schedule 8, supplemented as appropriate by such details as price and delivery timescales which will be specified in the Order.
2.4Sport England and the OCBs reserve the right not to conclude a Framework Agreement as a result of the current procurement process.
3Orders under the Framework Agreement
4.1It is expected that the following process will be applied:
4.1.1Prior to any NGB conducting a mini-competition under the Framework Agreement, they will have submitted an application to, and received a “Conditional Award” approval from Sport England for funds in respect of the tendered Commercial Consultancy services.
4.1.4 The NGB will then invitebids from all those suppliers appointed to the Framework. The invitation documentation will include:
- A specification of the requirement
- The information that is requested from the suppliers in response to the invitation
- An explanation of the way in which bids will be marked
- Details of the tender procedure and the return date.
- Details of the evaluation criteria that will be used to evaluate the bids. It is anticipated that these will be as follows:
Evaluation Criteria / % weighting
Price for total project / 60
Ability to complete within specified timeframe / 20
Relevant experience / 10
Value added to project such as particular benefits or innovation / 10
4.1.5 The contract will be awarded to the supplier that ranks first in the evaluation.
4.1.6 The NGB will issue its order/contract to the successful supplier
.
Table of Contents – Section 2
Part A – Instructions to Tenderers
1General
2Presentations
3Confidentiality
4Freedom of Information
5Tender Validity
6Timescales
7Authority’s Contact Details
9Preparation of Tender
10Submission of Tenders
11Canvassing
12Disclaimers
13Collusive Behaviour
14No Inducement or Incentive
15Acceptance and Admission to the Framework Agreement
16Queries Relating to Tender
17Amendments to Tender Documents
18Late Tenders
19Proposed Amendments to the Framework Agreement
20Modification and Withdrawal
21Right to Reject/Disqualify
22Right to Cancel, Clarify or Vary the Process
24Notification of Award
26Statement of Compliance
Part B – Tender Evaluation
1Introduction
2Evaluation of Tenders
3Evaluation Process
4Award
Schedule 1: Form of Tender
Schedule 2: Collusive Tendering
Schedule 3: Canvassing
Schedule 4: Tender Response and Statement of Compliance
1General
1.1These instructions are designed to ensure that all Tenderers are given equal and fair consideration. It is important therefore that you provide all the information asked for in the format and order specified. Please contact Louise Griew (Head of Client Management) if you have any doubt as to what is required or will have difficulty in providing the information requested.
1.2Tenderers should read these instructions carefully before completing the Tender documentation. Failure to comply with these requirements for completion and submission of the Tender Response may result in the rejection of the Tender. Tenderers are advised therefore to acquaint themselves fully with the extent and nature of the services and contractual obligations. These instructions constitute the Conditions of Tender. Participation in the tender process automatically signals that the Tenderer accepts these Conditions of Participation.
1.3All material issued in connection with this ITT shall remain the property of Sport England and shall be used only for the purpose of this procurement exercise. All Due Diligence Information shall be either returned to Sport England or securely destroyed by the Tenderer (at Sport England’s option) at the conclusion of the procurement exercise.
1.4The Tenderer shall ensure that each and every sub-contractor, consortium member and adviser abides by the terms of these instructions and the Conditions of Tender.
1.5The Tenderer shall not make contact with any other employee, agent or consultant of Sport England who are in any way connected with this procurement exercise during the period of this procurement exercise, unless instructed otherwise by Sport England.
1.6Sport England shall not be committed to any course of action as a result of:
issuing this ITT or any invitation to participate in this procurement exercise;
an invitation to submit any Response in respect of this procurement exercise;
communicating with a Tenderer or a Tenderer’s representatives or agents in respect of this procurement exercise; or
any other communication between the Authority and/or any relevant OCB (whether directly or by its agents or representatives) and any other party.
1.7Tenderers shall accept and acknowledge that by issuing this ITT Sport England shall not be bound to accept any Tender and reserves the right not to conclude a Framework Agreement for some or all of the services for which Tenders are invited.
1.8Sport England reserves the right to amend, add to or withdraw all, or any part of this ITT at any time during the procurement exercise.
2Presentations
2.1Following evaluation of all compliant applications, it is anticipated that the highest scoring bidders will be shortlisted and invited to make a formal presentation of their proposal to Sport England. The presentations will be scored and the bids offering overall best value for money will be selected for award.
Sport England is intending to hold the presentations w/c 9th July 2012. Tenderers are required to confirm their availability during that week in their tenders.
3Confidentiality
3.1Subject to the exceptions referred to in paragraph 3.2, the contents of this ITT are being made available by the Authority on condition that:
3.1.1Tenderers shall at all times treat the contents of the ITT and any related documents (together called the ‘Information’) as confidential, save in so far as they are already in the public domain;
3.1.2Tenderers shall not disclose, copy, reproduce, distribute or pass any of the Information to any other person at any time or allow any of these things to happen;
3.1.3Tenderers shall not use any of the Information for any purpose other than for the purposes of submitting (or deciding whether to submit) a Tender; and
3.1.4Tenderers shall not undertake any publicity activity within any section of the media.
3.2Tenderers may disclose, distribute or pass any of the Information to the Tenderer’s advisers, sub-contractors or to another person provided that either:
3.2.1This is done for the sole purpose of enabling a Tender to be submitted and the person receiving the Information undertakes in writing to keep the Information confidential on the same terms as if that person were the Tenderer; or
3.2.2The Tenderer obtains the prior written consent of the Authority in relation to such disclosure, distribution or passing of Information; or
3.2.3The disclosure is made for the sole purpose of obtaining legal advice from external lawyers in relation to the procurement or to any Framework Agreement arising from it; or
3.2.4The Tenderer is legally required to make such a disclosure.
3.3In paragraphs 3.1 and 3.2 above the definition of ‘person’ includes but is not limited to any person, firm, body or association, corporate or incorporate.
3.4The Authority may disclose detailed information relating to Tenders to its officers, employees, agents or advisers and the Authority may make any of the Framework Agreement documents available for private inspection by its officers, employees, agents or advisers. The Authority also reserves the right to disseminate information that is materially relevant to the procurement to all Tenderers, even if the information has only been requested by one Tenderer, subject to the duty to protect each Tenderer's commercial confidentiality in relation to its Tender (unless there is a requirement for disclosure under the Freedom of Information Act, as explained in paragraphs 4.1 to 4.3 below).
4Freedom of Information
4.1In accordance with the obligations and duties placed upon public authorities by the Freedom of Information Act 2000 (the ‘FoIA’), the Authority may, acting in accordance with the Secretary of State’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the said Act, or the EIR be required to disclose information submitted by the Tenderer to the to the Authority.
4.2In respect of any information submitted by a Tenderer that it considers to be commercially sensitive the Tenderer should:
4.2.1Clearly identify such information as commercially sensitive;
4.2.2Explain the potential implications of disclosure of such information; and
4.2.3provide an estimate of the period of time during which the Tenderer believes that such information will remain commercially sensitive.
4.3Where a Tenderer identifies information as commercially sensitive, the Authority will endeavour to maintain confidentiality. Tenderers should note, however, that, even where information is identified as commercially sensitive, the Authority may be required to disclose such information in accordance with the FoIA or the Environmental Information Regulations. In particular, the Authority is required to form an independent judgment concerning whether the information is exempt from disclosure under the FoIA or the EIR and whether the public interest favours disclosure or not. Accordingly, the Authority cannot guarantee that any information marked ‘confidential’ or “commercially sensitive” will not be disclosed.
4.4Where a Tenderer receives a request for information under the FoIA or the EIR during the procurement process, this should be immediately passed on to the Authority and the Tenderer should not attempt to answer the request without first consulting with the Authority.