Request for Quotation (RFQ)

for the service provision of

Housing requirements in Leicester and Leicestershire: Understanding existing evidence and developing and applying a methodology to inform future housing provision figures

Ref LCC/Chief Executive’s Department/Andy Robinson/2010

Issue Date: 19th November 2010

Return Date: 6th December 2010

Leicestershire County Council

Policy and Partnerships Team

Chief Executive’s Department

Leicestershire County Council

County Hall, Glenfield

Leicestershire, LE3 8RA

Tel 0116 305 8234 / 0116 305 7027

CONTENTS

1  Preamble

2  Conditions of Contract

3  Specification

4  Pricing Schedule

5  Supporting Information

6  Payment Details

7  Conditions of Contract Acceptance

8  Contact Details


1. PREAMBLE

1 GENERAL REQUIREMENTS

Quotations are invited for the provision of housing requirements in Leicester and Leicestershire: Understanding existing evidence and developing and applying a methodology to inform future housing provision figures.

The Council’s detailed requirements are defined in the Specification.

2 BACKGROUND

2.1  The priorities of the new Coalition Government, regarding housing and planning, include introducing ‘local plans’, built out of a process of ‘collaborative democracy’. Partners in Leicester and Leicestershire have been considering what work is needed to strengthen the evidence base and planning framework to support their local economic sub area and help enable local communities and authorities to determine ‘locally’ derived housing figures. The need to undertake a review of the evidence base that supports strategic housing provision targets and developing a common methodology to create a framework at the local level has been identified as a priority by partners. Further evidence to explore community needs and aspirations will be key but is outside the scope of the project; it is hoped that the outputs of this project will support and inform this.

2.2  The Partners in Leicester and Leicestershire (comprising the local authorities listed below), jointly submitted a bid to East Midlands Councils in August 2010 to undertake a project:

·  To understand and bring together in one report the evidence and assumptions that were used to formulate the overall housing requirement for the Housing Market Area (HMA) and how this translated into the apportionments for each district at each stage in the process of producing the to be revoked RSS, including any further policy decisions that were made.

·  To identify and understand the new evidence that will provide the basis to formulate future judgements on future housing requirements.

·  To develop a common methodology for future use in Leicester and Leicestershire to identify the housing requirements (up to 2026 and 2031) for sub-areas based on robust evidence and clear assumptions, including that provided by the SHMA.

2.3  Partners were notified that the bid had been successful in late September 2010.

2.4  The project will provide the basis for a timely, consistent approach to analysis across the HMA and allow the HMA partnership authorities to have full ownership of the methodology required to assess the requirement for housing in their areas and, ultimately, to support the development and monitoring of housing and planning policies.

2.5  Whilst this project will allow the Housing Market Area partnership authorities to assess the total housing requirement for their areas (and potentially incorporate these into policy), the current Strategic Housing Market Assessment (SHMA) update will be used as the mechanism for determining affordable housing requirements in Leicester and Leicestershire.

2.6  The Project will cover the whole of the Leicester and Leicestershire Housing Market Area. The HMA consists of the following local authorities:

·  Blaby District

·  Charnwood Borough

·  Harborough District

·  Hinckley and Bosworth Borough

·  Leicester City

·  Leicestershire County

·  Melton Borough

·  North West Leicestershire District

·  Oadby and Wigston Borough

3  QUESTIONS

Any queries about this document, the procurement process, or the proposed contract itself, should be referred to:

Sharon Wiggins and Andrew Simmonds

Policy and Partnerships Team

Chief Executive’s Department

Leicestershire County Council

County Hall, Glenfield

Leicestershire LE3 8RA

;

0116 305 8234 / 0116 305 7027

Please note that the deadline for questions is Friday 3rd December 2010.

4 SUBMISSION OF QUOTATION

Quotations, which should be received no later than noon of Monday 6th December 2010, and any queries, should be addressed to:

Tender Box

Ref LCC/Chief Executive’s Department/Andy Robinson/2010

Leicestershire County Council

Chief Executives

County Hall

Glenfield

Leics LE3 8RA

In addition to one paper copy of the tender documentation you should include an electronic version, in Microsoft Word or Excel format, within your tender return envelope.


2. CONDITIONS OF CONTRACT

1 DEFINITIONS AND INTERPRETATION

1.1 Commencement Date means the Friday 17th December 2010.

1.2 Conditions means these conditions of contract.

1.3  Contract means the agreement entered into between the Council and the Supplier embodying the Letter of Acceptance, Orders, these Conditions, the Supplier’s Tender, the Specification and Pricing Schedule

1.4  Contract Documents means the documents comprising the Contract.

1.5 Contract Period means the period from the Commencement Date to the Expiry Date and any extension pursuant to Condition 2.2.

1.6 Contract Standard means, in relation to the performance and discharge of any part of the Contract:

1.6.1 with the exercise of all reasonable and proper skill, care and diligence and in accordance with best professional practice and in a manner free from dishonesty and corruption;

1.6.2 in compliance with all relevant legal requirements including Acts of Parliament, Statutory Regulations or Orders and Codes of Practice in operation from time to time, including but without prejudice to the generality of the foregoing, the Contract Procedure Rules, Financial Regulations and Scheme of Delegated Powers to Chief Officers and all other internal requirements and procedures of the Council;

1.6.3 having regard at all times to the welfare of children and vulnerable members of society; and

1.6.4 in absolute co-operation with the Council and its other suppliers.

1.7 Council means Leicestershire County Council.

1.8  Expiry Date means the satisfactory delivery of the outputs as specified in the Specification by Friday 8 July 2011.

1.9  Letter of Acceptance means the letter issued by the Council accepting the Supplier’s offer as set out in the Supplier’s Tender and creating the Contract. The Letter of Acceptance shall be deemed to be an Order for the purposes of these Conditions.

1.10  Order means an official order in respect of the Services or any part or parts thereof issued by the Council to the Supplier.

1.11 Pricing Schedule means the Schedule so entitled which incorporates the prices and rates for the supply of the Services.

1.12 Services means the delivery of outputs as detailed in the Specification to be supplied in accordance with the Contract and includes any variation thereto made pursuant to Condition 8.

1.13 Specification means the document so entitled which describes the Services to be supplied by the Supplier and any variation or modification thereto made pursuant to these Conditions.

1.14 Supplier means the person/s or company whose tender has been accepted by the Council and who accordingly enters into the Contract with the Council to supply the Services.

1.15 Supplier’s Tender means the Supplier’s offer in response to the Council’s request for quotation and includes the completed Pricing Schedule, Supporting Information, Payment Details, Contract Conditions Acceptance and Contact Information and any amendments to same agreed in writing between the parties prior to the Commencement Date.

1.16 Reference to the Supplier shall be deemed to include the Supplier’s partners directors and employees and the Supplier’s agents and sub-contractors unless the context otherwise requires.

1.17 The Contract shall be governed by and construed in accordance with English Law, and the English courts shall have jurisdiction over any dispute or difference, which shall arise out of or in connection with the Contract.

1.18 A reference to any Act of Parliament, or to any Order, Regulation, Statutory Instrument or the like shall be deemed to include a reference to any amendment or re-enactment of the same.

1.19 In the Contract, unless the contrary intention appears:

1.19.1 words importing the masculine gender include the feminine gender; and

1.19.2 words in the singular include the plural and vice-versa; and

1.19.3 words importing a written notice or instruction include information transmitted by electronic means.

2 FORM OF CONTRACT

2.1 By submitting a bid to provide the Services, the Supplier is making an offer to perform the Services on the basis set out in the Supplier’s Tender, subject to these Conditions and in accordance with the Specification. The Council’s acceptance of a Supplier’s Tender will be set out in a Letter of Acceptance.

2.2 The Contract will come into force on the Commencement Date and shall continue for the Contract Period unless terminated or determined earlier as provided for by these Conditions.

2.3 The Supplier shall be deemed to have satisfied itself before submitting its bid as to the accuracy and sufficiency of the prices stated in the Supplier’s Tender which shall (except in so far as is otherwise provided in the Contract) cover all the Supplier’s obligations under the Contract and shall be deemed to have obtained for itself all necessary information as to risks, contingencies and any other circumstances which might reasonably influence or affect its bid.

2.4 Discrepancies between Contract Documents

2.4.1  The Supplier shall inform the Council immediately it becomes aware of any ambiguities or discrepancies between the Contract Documents giving full details.

2.4.2  Any ambiguities or discrepancies found within the Contract Documents shall be resolved by the Council who shall issue to the Supplier appropriate instructions or where necessary a variation notice pursuant to Condition 8.

2.5 Copyright in the Contract Documents shall vest so far as it lawfully can in the Council but the Supplier may obtain or make at its own expense any further copies required for use by the Supplier in the supply of the Services.

2.6 No third parties shall acquire any rights under this Contract and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

3 SUPPLY OF SERVICE

3.1 Service Standard

3.1.1  The Supplier shall at all times during the performance of the Contract supply the Services to the Council’s satisfaction and in accordance with the requirements of each Order, the Specification and to the Contract Standard.

3.1.2  The Supplier shall make good within one week of its occurrence any damage resulting from or arising out of the supply of the Services. In the event of the Supplier failing to make good such damage, the Council shall, two weeks after giving written notice to the Supplier or after such shorter time as may be reasonable if the proposed work is urgently needed, be entitled to arrange for making good of any damage and in this event, the cost shall be a debt from the Supplier and shall be recoverable accordingly.

3.1.3  Where necessary the Council may require the Supplier to co-operate, liaise with, and co-ordinate its activities with those of any other supplier engaged by the Council and the Supplier shall comply with all such instructions reasonably given.

3.2  Service Orders

3.2.1  Where the Council wishes to purchase Services from the Supplier under the Contract it shall issue an Order detailing the Services to be provided based on the Supplier’s Tender and the Specification. For the avoidance of doubt, the Council shall not be liable to pay for any Services delivered without a supporting Order.

3.2.2  Notwithstanding any data with regard to the value and/or volume of the Service or commissions, whether set out in the Specification or otherwise (which is only given as a guide) the Council gives no guarantee and accepts no liability as to the actual values or volumes which will be placed with the Supplier. The Council shall in no circumstances be liable to the Supplier for any consequential or financial loss of any kind whatsoever arising therefrom.

3.2.3  Where funding for the Contract has been made available to the Council by way of a grant the Supplier agrees to comply with any grant terms of the funding body of which it is notified. Where the grant funding is reduced or withdrawn during the Contract Period the Council shall be entitled to make any such adjustments to an Order as may be necessary (including the cancellation of an Order) and the Supplier shall acting in good faith incorporate any such adjustments.

3.3 Requests for Information

3.3.1 The Supplier shall as soon as reasonably practicable provide the Council with any information relating to the performance of the Contract which the Council may reasonably request.

3.3.2 Subject to the receipt of reasonable notice, the Supplier agrees to attend any meetings called by the Council to discuss any aspect of the Contract.

4 SUSPENSION AND RECTIFICATION

4.1 Notwithstanding any other provisions in the Contract, where in the Council’s opinion: the Supplier has in any respect failed to meet the Contract Standard; the continuing provision of the Services represents a risk to any person or property; and/or the Supplier is in any other way in breach of any of its obligations under the Contract, the Council shall be entitled to suspend delivery of the Services immediately and without liability to the Supplier (including without obligation to pay the Supplier) until such time as the matters raising the need for suspension of the Services have been resolved to the Council’s satisfaction.

4.2 Where the Council believes that the Supplier is not performing the Contract to the Contract Standard it may (without prejudice to the Council’s other rights under the Contract) require the Supplier to prepare a rectification plan (the “Rectification Plan”) which shall be provided to the Council within fourteen (14) days of its request and which will set out the manner in which the Supplier intends to return the delivery of the Service to the Contract Standard and the timeframe for doing so. The Council shall be entitled to make reasonable amendments to any Rectification Plan so submitted by the Supplier.

4.3  Where the matters leading to the suspension of the Services pursuant to Condition 4.1 cannot be or are not resolved to the Council’s satisfaction within twenty one (21) days of the suspension taking place or where the Supplier has failed to comply in any respect with a Rectification Plan prepared pursuant to Condition 4.2 (as amended by the Council), the Council shall be entitled to terminate the Contract with immediate effect without any further liability to the Council.