Contractor’s Procedures Manual for Contracted Training –
LCETB Transition V1.0
Table of contents
1 Contracted Training - Introduction 4
2 Tendering 5
2.1 Pre-qualification for tendering 5
2.2 Contract training tender list 5
2.3 Selection of contractors for Tendering 6
2.4 Tender Process 6
2.5 Examination, evaluation and recommendation of Tenders 8
2.6 Amendments to Contracts 10
2.7 Failed tendering process 10
2.8 Contracts not started within three months of commencement date 11
2.9 Cancellation of signed contracts 11
3 Course delivery and Administration 12
3.1 Contract and Learner Registration 12
3.2 Payments 13
3.3 Training Delivery 17
3.4 e-learning or blended learning courses 18
4 Assessment operating procedure 20
4.1 Overview 20
4.2 Prior to Assessment 20
4.3 Conducting & Supervising Assessments 22
4.4 Marking of Assessments 22
4.5 Verification of Assessments – (Process and Results) 23
4.6 Assessment Records 24
4.7 Breaches of the Assessment Process 24
4.8 First Aid Certification Requirements 24
5 Training 26
5.1 Training 26
5.2 Contractors Training Report 26
5.3 Course Feedback Questionnaire 26
5.4 In-Company Training Details 26
5.5 Contractors Course Report 26
5.6 Placement Outcome Details 26
5.7 Additional monitoring where an adverse report is in place 26
5.8 Monitoring Courses using Learner Management Systems (LMS) 26
6 Pilot Courses 27
6.1 Description 27
7 Sanctions for Breach of Contract 28
7.1 LCETB and SOLAS’s role in the sanction’s process 28
7.2 Breach of contract 28
7.3 Types of breach 28
7.4 Sanctions procedure 29
7.5 Investigation 29
7.6 Notification of sanction and remedial action 30
7.7 Co-operation with LCETBs and SOLAS 30
7.8 Appeal against sanctions 30
8 APPENDIX 1 - Course Delivery (Personnel) 31
8.1 General 31
8.2 Tutor Evaluation 31
8.3 Requirements for Tutors 32
8.4 Requirements for Verifiers (Process) and Peer Reviewers (Results) 34
8.5 Requirements for Evaluators 36
1 Contracted Training - Introduction
Contracted Training is a procurement process. It is used where a resource issue impacts on delivery (i.e. geographic location, facilities/equipment, staff/skills) and the services of a provider must be procured to address that resource issue.
The procurement is based on a type of framework agreement; a panel of providers are pre-qualified and contracts are awarded in mini-competitions.
The purpose of Contract Training is to correctly procure a service and ensure that that service is delivered in accordance with the rules of the framework.
Any contract training procured using the pre-qualified list, the Contracted Training Tender List (CTTL) must adhere completely to the following procedures.
This manual is a guide for the operation of procedures relating to training provided through contracted training.
If you require clarification or assistance relating to any part of these procedures, contact the appropriate person in the LCETB.
The CTTL, forms and documents associated with contracted training can be accessed on xx
2 Tendering
2.1 Pre-qualification for tendering
Contractors who wish to register on the Contracted Training Tender List (CTTL) will have to meet the requirements of a Pre-qualification Process managed by SOLAS.
2.2 Contract training tender list
The CTTL consists of Contractors who have expressed an interest in tendering for contracted training courses and have met the pre-qualification requirements.
The status categories on the CTTL are as follows:
· Green status: A Contractor is eligible for invitation to tender for training contracts and also eligible for contracting and sub-contracting.
· Amber status: A Contractor
o Is not eligible for invitation to tender for training contracts in the effected LCETB region.
o Will not be accepted as a sub-contractor for contracts or tenders in the effected LCETB region.
o Will not be awarded any further training contracts in the effected LCETB region.
o Notification will be issued to other LCETB regions listed on the CTTL and existing contracts in any of those regions will be subject to additional monitoring and possible quality assurance audits.
· Red status: A Contractor
o Is not eligible for invitation to tender for training contracts in any LCETB region.
o Will not be accepted as a sub-contractor for contracts or tenders in any LCETB region.
o Will not be awarded any further training contracts.
o Existing contracts that have not started will be cancelled.
o Contracts that have started will be subject to additional monitoring and quality audits.
The CTTL will list:
§ The geographical area(s) or region(s) where Contractors are willing to deliver training.
§ The categories of courses that Contractors are willing to tender for.
§ The training methodology those Contractors can deliver training in.
2.3 Selection of contractors for Tendering
The Contractors requested to tender must have a Green status on the CTTL.
Companies will be listed initially in random order on the CTTL.
Selection will be by strict rotation from the CTTL by region and category.
2.4 Tender Process
Selected Contractors will be sent an Invitation to Tender Document. The Invitation to Tender document must contain the following information:
· The course location(s), the start date, the duration and the maximum number of Learners on the course(s).
· Any specific conditions that the Contractor needs to meet in order to deliver the course.
· The course (including optional elements of courses) and certification.
· Instructions on Tendering.
· Information on the tender selection process.
· The award criteria.
· Conditions of Contract Award.
· Information on Taxation, Retentions and Payments.
· Information on Conflicts of Interest, Confidentiality and Freedom of Information, Collusion and Canvassing, Certification.
· Requirements for Tutors, Verifiers, Peer Reviewers and Evaluators.
· A copy of the standard Contract including:
· Appendix A - The particulars of contract.
· Appendix B - Operating Procedures for Contracted Trainers.
· Appendix C - The Training Specification.
· Particular requirements of programmes (i.e. e-tutor roles and responsibilities).
Contractors are requested to submit details on the following[1]:
· The Contractor’s fee.
· Tutor Pedagogical and Professional qualifications and post qualification experience.
· Policies and procedures in place to support consistent programme delivery.
· Research undertaken to identify suitable premises.
· Experience in delivering the tender course and similar type courses.
· Processes in place to ensure the training location is safe and suitable.
· Ensuring the learning experience is professional and positive for the Learners on the course.
· Assisting Learners to obtain relevant in-company training, relevant job placement or progression after the course.
· Unique service that the Contractor will provide as part of the Contract.
The invitation to tender will set out the date and time by which the tender must be returned (for example 5 pm on a working day) and include a statement informing the Contractor that tenders received after the specified date will not be accepted.
The Contractor must ensure that the tender return envelope is:
· Clearly marked with the words "Tender for Training Course” and Tender Number printed on the top left hand corner.
· Correctly addressed to the appropriate person as advised in the ITT.
· Include a return address and email on the outside of the envelope.
The Contractor must provide proof of delivery in the event of a query regarding delivery.
When an invitation to tender is issued, the receiving person must be informed about the tender details, tender number, return date and time.
Tenders, in relation to single courses, remain valid for six months from the tender return date. Multiple courses are valid for 12 months from the tender return date.
The tender process can be cancelled at any time during the process by an appropriately authorised person. Tenderers will be informed in writing the tender process has been cancelled.
2.5 Examination, evaluation and recommendation of Tenders
A nominated person will be the contact point for Tenderers pre and post the tendering process. They will not be members of the Evaluation Panel.
The Tenders will be examined and evaluated by a Panel consisting of three staff members selected by an authorized person.
The following checks will be carried out by the Panel for each tender submitted:
· Tenders must be examined to determine whether they are complete, in that all relevant information has been provided in accordance with the Invitation to Tender.
o If the requirements of the above check are not met, then a Deficiency and Clarification Notice may be issued. If possible scoring of the tender will continue.
· Declaration has been completed (original signature – director or partner) and no grounds for exclusion arise.
Tenders which do not meet the eligibility criterion will be rejected without further evaluation.
The Panel will evaluate and score the tender submissions in accordance with the ITT and the Code of Practice for Tender Evaluation Panels.
2.5.1 Deficiency and Clarification Notices
The Evaluation Panel via the nominated person may issue deficiency notices in respect of incomplete tenders.
A deficiency notice may be sent unless the deficiency is such that it is incapable of being rectified or its rectification would undermine (determined by the Evaluation Panel) the fairness of the procurement procedure.
A reasonable amount of time will be given for response to a deficiency notice.
If the information is not submitted by the Tenderer within the time specified in the deficiency notice or if the information submitted is insufficient to address the issue, then that tender may be rejected. Alternatively, the Tenderer may receive a zero score in respect of the relevant section.
The Tenderer will be notified accordingly.
Tenderers are not permitted to amend their tenders when responding to deficiency and clarification notices and any attempt to do so must be rejected.
2.5.2 Recommendation of Contractor for delivery of a course
A Most Economically Advantageous Tender model must be applied and the following scoring system must be used:
· The Contractor’s fee quotation. This will have an associated maximum score of 40%.
· Qualitative Element[2]. This will have an associated maximum score of 60%.
· Q1- Tutor Pedagogical and Professional qualifications and post qualification experience. Maximum of 8 marks.
· Q2 - Policies and procedures in place to support consistent programme delivery. Maximum of 2 marks.
· Q3 - Describe what initial research has been undertaken to identify suitable premises in the location. Maximum of 3 marks.
· Q4 - Company experience in delivering similar type courses. Maximum of 4 marks.
· Q5 - Processes in place to ensure the training location is safe and suitable. Maximum of 5 marks.
· Q6 - Ensuring the learning experience is professional and positive for the Learners on the course. Maximum of 6 marks.
· Q7 - Assisting Learners to obtain relevant in-company training, relevant job placement or progression after the course. Maximum of 20 marks.
· Q8 – Unique service that the Contractor will provide as part of the Contract. Maximum of 12 marks.
The total score used to identify the preferred Tenderer will be the sum of the fee quotation and the score for the qualitative element.
A tender must achieve a minimum score of 35 marks in the qualitative element of the tender evaluation process to be considered for nomination as preferred Tenderer. Where the tender scores less than this amount, the fee elements of the tender will not be scored and the tender will be eliminated from the competition.
The Tenderer with the highest overall score will be nominated as preferred Tenderer for the contract subject to the fulfilment of the pre-conditions. In the event that the preferred Tenderer does not fulfil these conditions, the contract will be offered to the second-ranked Tenderer and so on.
The Tenderer with the highest score is recommended by the Evaluation Panel to the manager with the appropriate authority level for the contract.
Where there is more than 1 tender with the same highest score, the tender with highest score for the Contractor’s Fee Quotation will be recommended for the contract.
All quotations submitted must be inclusive of V.A.T. where applicable.
2.5.3 Sole tender returns
Where a sole tender is received, the authorized person must ensure that the LCETB is getting value for money before processing a Contract.
· The authorized person must ensure that the fee represents value for money for the LCETB. Negotiation may take place in this case.
2.5.4 Best and final offer
During the tender stage, and prior to the pre-contract stage:
· Where an LCETB may decide to locate a course within its own premises utilising its own equipment etc
· or where a significant change is made to the Programme Specification
The authorised person may ask qualified Tenderers[3] in writing to submit a revised fee to take into account the change. This revised fee will be used to re-calculate the final score for selecting the preferred Tenderer.
The final score of each Contractor will be recalculated using the same formula as the original calculation. The total score for each Contractor is then re-calculated by adding the original score for the qualitative element to the new fee score and the contract is then offered to the Contractor with the highest score.
A signed contract must be returned to the authorised person by the Contractor before the course commences.
The successful Tenderer must have insurance in place for the entire duration of the course. Where insurance cover renewal is due during a course the Contractor must act to ensure that there is no break in insurance at any time during the course and that the LCETB receives confirmation that renewed cover is in place.
2.6 Amendments to Contracts
Amendments to contracts are permitted where operational adjustments are required to facilitate the general needs of Learners. For example, course extension, change of location etc.
2.7 Failed tendering process
At any point during the tendering process, the process can be stopped and voided. In this case:
· All Tenderers will be notified that the tender has been voided.
2.8 Contracts not started within three months of commencement date
Contracts will lapse if the course has not started within three months of the commencement date (contract signing date) irrespective of the reason for non-commencement. This date may be extended by written agreement with the contractor.