A Guide to Drafting Invitation to Tenders (ITT)

A Guide to Drafting Invitation to Tenders (ITT)

Contents

Introduction

Schedule 1: Instructions to tenderers and conditions of tender

Schedule 2: Specification

Schedule 3: Terms and conditions

Schedule 4: Tender response form

Schedule 5: Pricing schedule

Schedule 6: Form of tender and other declarations

Schedule 7: Checklist for tenderers

Annex A: Example Instructions to Tenderers and Conditions of Contract

Annex B: Example Form of Tender

Annex C: Example checklist for tenderers

Introduction

The purpose of this guide is to provide a suggested structure and layout to an Invitation to Tender (ITT) sent to a shortlist of bidders to make a formal and detailed offer to supply the services or goods required. An effective ITT will explain to bidders what it is you are looking for, provide them with the framework in which you require them to respond, make the evaluation and decision process easier, conform to the College’s regulations and EU procurement legislation and reduce exposure to risk.

This guide is appropriate for use in a procurement for good, services or works under the restricted procedure. If an open, competitive dialogue or negotiated procedures are being used, this guide will need tailoring, particularly to factor in details of the selection stage.

The first three schedules relate to the information supplied by the College in regards to the contract with the remaining schedules templates or forms the College requires bidders to complete and return as their tender submission.

Note that this guide is only a template and will require tailoring to suit the specific circumstances of a procurement.

Schedule 1: Instructions to tenderers and conditions of tender

The first schedule of the ITT should contain instructions to tenders on the bidding process and conditions of submitting a tender. Key areas to cover include:

• Name of the College and Contract being tendered
• Submission Instructions
• Timetable for the procurement
• Query / Clarification process
• Tender Evaluation and Award Criteria
• Freedom of Information
• Preparation and format of tender response
• Conditions of Tender

Annex A provides example Instructions to Tenders and Conditions of Tender.

Schedule 2: Specification

The second schedule of the ITT should contain the specification for the goods, works or services being purchased. Ideally this section should not contain any instructions to tenderers or requests for tenderers to provide information in relation to the tender. The specification should be written in a way that allows it to be copied and paste directly into the contract at the end of the procurement process.

For more information on writing specifications please see A Guide to Specification Writing.

Schedule 3: Terms and conditions

The third schedule should detail the terms and conditions specific to the contract being purchased. Due to the nature of these documents it might be that you refer to a separate document by imbedding the document, linking or simply by sending an additional attachment to the ITT.

If the college has a standard set of terms and conditions these may be provided along with details of any ‘Special Conditions of Contract’ that relate specifically to this contract and that would take precedence over the standard conditions. This should be clearly set out in this section of the ITT.

For an example of a set of standard terms and conditions of contract see A Guide to Standard Terms and Conditions.

Schedule 4: Tender response form

The fourth schedule should provide the bidders with a framework for their tender response. Ideally a form should be devised that captures the bidders name and contact details in relation to this bid and the bidders response in relation to each section of the award criteria. If there are any specific pieces of information you require the bidders to submit along with their response to each of the award criteria this is the section where that information can be requested.

Schedule 5: Pricing schedule

The fifth schedule should detail the pricing schedule bidders are required to return and complete as part of their tender response. Requiring bidders complete the same pricing schedule will assist the College in evaluating tender price and can avoid the need for clarification on submitted prices. For details on how to create pricing schedules see A Guide to ITT Pricing Schedules.

Schedule 6: Form of tender and other declarations

The sixth schedule should contain a number of forms for bidders to complete that will confirm they have read and understood all of the conditions of tendering and have submitted a tender without collusion or canvassing. It is recommended that the following forms be drafted and included in this section:

• A Form of Tender
• A Certificate of Non Canvassing and Non Collusion
• A Conflict of Interest Declaration

Annex B contains examples of the above three forms.

Schedule 7: Checklist for tenderers

Finally the last schedule of the ITT, a checklist for tenderers, should be designed to act as an aide memoire reminding tenderers of all of the documentation and information that they have been asked to return as part of their tender. This should assist the College by reducing the number of clarification questions required when evaluating and to reduce the number of tenderers excluded from evaluation due to missing or incomplete documentation.

Annex C provides an example of a Checklist for Tenderers.

Annex A: Example Instructions to Tenderers and Conditions of Contract

1. This template is for use under the restricted procedure of The Public Contracts Regulations 2006.

1. Certain sections need to be completed for the specific contract being procured e.g. dates and details.

1. The officer preparing the document should consider the text that is contained within square brackets, in bold, non italic text and highlighted in yellow and replace with appropriate wording to suit the individual Authority requirements.

1. The template contains the most commonly used sections but it must be amended and tailored by the user to suit the requirements of each specific contract opportunity.

1. Users should consider whether any amendments are required to allow for specific factors in the contract which have been identified pre tender e.g. community benefit issues.

1. Users should also consider if any of the optional clauses are needed for the contract opportunity.

IMPORTANT NOTICE

This Invitation to Tender (“ITT”) relates to the procurement project advertised by [insert name of College] (the “College”) in OJEU, Reference No [Insert OJEU reference number], and is issued to those shortlisted to tender (“Tenderers”) to provide [define subject of contract](the “Contract”) for an initial period of [insert number of years or months] commencing [insert the commencement date].

The contents of this ITT and of any other documentation sent to you in respect of this tender process, are provided on the basis that they remain the property of the College and must be treated as confidential. If you are unable or unwilling to comply with this requirement you are required to destroy this ITT and all associated documents immediately and not to retain any electronic or paper copies.

No Tenderer will undertake any publicity activities with any part of the media in relation to the Contract or this ITT process without the prior written agreement of the College, including agreement on the format and content of any publicity.

This ITT is made available in good faith. No warranty is given as to the accuracy or completeness of the information contained in it and any liability or any inaccuracy or incompleteness is therefore expressly disclaimed by theCollege and its advisers.

The College reserves the right to cancel the tender process at any point. The College is not liable for any costs resulting from any cancellation of this tender process nor for any other costs incurred by those tendering for this Contract.

It is intended that the remainder of this procurement will take place in accordance with the provisions of this ITT but the College reserves the right to terminate, amend or vary the procurement process by notice to all tendering organisations in writing. The College will accept no liability for any losses caused to you as a result of this.

You are deemed to understand fully the processes that the College is required to follow under relevant European and UK legislation, particularly in relation to The Public Contracts Regulations 2006.

You must inform the College in writing if there is any change in control, composition or membership of your organisation or your consortium members subsequent to your expression of interest in this procurement process. The College reserves the right to disqualify you from the procurement process as a result of any such change.

You are reminded of the eligibility requirements that apply to this procurement process at all times. In particular, these include the provisions set out in Regulation 23 of the Public Contracts Regulations 2006. Any change in your eligibility must be notified immediately to the College in writing and may result in your disqualification from the procurement process.

In the event that the contract is split into individual Lots, these Instructions will apply to each Lot individually

1. PREPARATION OF TENDERS

1.1Further details of the College’s needs under the Contract and other relevant information is provided in the Specification at [Insert schedule number].

1.2If you have any questions or require any clarifications, please contact [Insert contact details] by no later than [insert time / date].

1.3Any queries should clearly reference any appropriate paragraph in the documentation and, to the extent possible, should be aggregated rather than sent individually.

1.4Other than the person or persons identified above, no College employee or member of the College has the authority to give any information or make any representation (express or implied) in relation to this ITT or any other matter relating to the Contract.

1.5Please note that the College’s responses to any queries or clarification requests may, at the College’s discretion, be circulated to all Tenderers.

1.6As far as is reasonably possible, the College will respond to all reasonable requests for clarification of any aspect of this ITT and supporting documents, if made before the deadline set out in 1.2 of these instructions. The College will aim to provide responses by [insert time/date], after which time no further queries will be answered.

1.7The College reserves the right to issue supplementary documentation at any time during the tendering process to clarify any issue or amend any aspect of the ITT. All such further documentation that may be issued shall be deemed to form part of the ITT and shall supplement and/or supersede any part of the ITT to the extent indicated.

1.8Tenderers must obtain for themselves at their own expense all information necessary for the preparation of their Tenders.

1.9Under the Contract the College will require compliance with its policies. Tenderers are advised to satisfy themselves that they understand all of the requirements of the Contract before submitting their Tender.

1.10The Tender must be received in accordance with the relevant instructions no later than the time and date indicated.

1.11The College reserves the right to extend the Deadline. Any extension granted will apply to all Tenderers. The College reserves the right to reject any Responses received after the Deadline.

1.12Any attempt by you or your appointed advisers to inappropriately influence the Contract award process in any way will result in your tender being disqualified. Any direct or indirect canvassing by you or your appointed advisers in relation to this procurement or any attempt to obtain information from any of the employees or agents of the College concerning another tendering organisation may result in disqualification at the discretion of the College.

1. TENDER SUBMISSION REQUIREMENTS

2.1Tenders must be written in the English language.

2.2Tenders must provide responses using the Tender Response Form found in [Insert schedule number]. The College reserves the right to disqualify you if you do not submit your tender in a manner consistent with the provisions set out in Instructions to Tenderers, Specification, Terms and Conditions and the Tender Response Form.

2.3Tenderers must complete the Pricing Schedule set out in [Insert schedule number] to provide all of the obligations under the Contract. [Any additional or alternative pricing proposals can be added to the end of the Pricing Schedule with a reason for their inclusion. No claim for additional payment will be considered for items that have not been specified.]

2.4All Prices shall be stated in pounds sterling and exclusive of VAT.

2.5It is for Tenderers to consider the implications of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), and to price their tenders accordingly. For full details of TUPE labour and liabilities refer to [insert schedulenumber or delete clause if there are no TUPE liabilities].

2.6Tenderers must complete and return the Form of Tender, Declaration of Non Collusion and Non Canvassing and the Conflict of Interest Declaration.

2.7Only one Tender is permitted from each Tenderer. In the event that more than one is submitted by a Tenderer, the one with the latest time of submission will be evaluated and the other(s) disregarded. [If you are allowing variant bids remove this clause].

2.8The Tender (including price) should remain valid for a minimum period of 90 days.

2.9The Tender must not be qualified in any way.

2.10Any signatures must be made by a person who is authorised to commit the Tenderer to the Contract.

2.11In the event that Tenderers believe that they are unable to submit a Tender through the electronic system or require assistance or further information to be able to use the e-tendering process they must contact the person detailed in 1.2 of The Instructions to Tenderers no later than 4 calendar days before the submission date for the Tender to enable any technical queries to be investigated and resolved.[Delete clause if not using an etendering system]

1. CONTRACT DOCUMENTS

3.1Any resulting Contract will consist of the Terms and Conditions as set out in [Insert the schedule number]. The Contract will be subject to English law and the exclusive jurisdiction of the English Courts.

3.2This College is bound by procurement rules and cannot enter into any negotiations on the Tender or Contract.

3.3Any contract award will be conditional on the Contract being approved in accordance with the College’s internal procedures and the College being generally able to proceed and will allow the statutory standstill period of a minimum of 10 calendar days to elapse before sending confirmation of contract award to the successful Tenderer.

3.4The Tenderer shall undertake that, in the event of the tender being accepted by the College, within fourteen days of being called upon to do so by the College, the tenderer will execute a formal contract consisting of the terms and conditions, specification and submitted pricing schedule and until such date as the contract is executed this tender, together with the formal written acceptance of it by the Principal or Authorised Officer on behalf of the College, will form a binding agreement between the College and the Tenderer.

3.5Failure by the successful tenderer to execute a formal contract within the time specified above will render the contract voidable at the option of the College at any time.

1. TENDER EVALUATION AND AWARD CRITERIA

4.1The College does not undertake to accept the lowest or any Tender and reserves the right to accept the whole or any part of any Tender submitted.

4.2Each Tender will be checked initially for compliance with all requirements of the ITT.

4.3Tenders will be evaluated against the award criteria set out below.

4.4During the evaluation period, the College reserves the right to seek clarification from any or all of the Tenderers, to assist it in its consideration of their Tenders.

4.5In case a tender appears to be abnormally low in relation to the services to be provided, the College will request a clarification in writing and/or explanation concerning its elements. The College reserves the right to exclude a tender, if after a verification process based on the explanations and evidence received it comes to the conclusion that the tender is abnormally low.

4.6Tenders will be evaluated to determine the [most economically advantageous Tender] taking into consideration the following award criteria:

• Please note evaluation criteria have to reflect the needs of the College for the particular tender and the criteria must be suitably selected and weighted for each contract.

• A full breakdown of criteria and sub criteria must be provided along with the scoring methodology of both how quality and price scores will be awarded and calculated.

• If lowest price is chosen as the selection method then only price needs to be considered and no other criteria.

• Please refer to A Guide to Tender Evaluation for more detail on award criteria.

1. SITE VISITS [delete clause if not holding a site visit]

5.1Tenderers will have the opportunity to attend a site visit with the College to take place on [insert date]. At this meeting Tenderers will be able to meet with the College to discuss their approach to the requirements and to clarify any queries on the documentation. Any issues raised at the meeting which are not commercially confidential will be shared with the other Tenderers.

5.2The site visit will take place at:

[insert address]

on [date/ time]

5.3Tenderers should register attendance, including the names and job titles of those who will be attending, with [insert contact person and details within College] by [insert time and date].

1. FREEDOM OF INFORMATION ACT AND ENVIRONMENTAL INFORMATION STATEMENT

6.1The College is subject to The Freedom of Information Act 2000 (“Act”) and The Environmental Information Regulations 2004 (“EIR”).

6.2As part of the College’s obligations under the Act or EIR, it may be required to disclose information concerning the procurement process or the Contract to anyone who makes a reasonable request.

6.3If Tenderers consider that any of the information provided in their Tender is commercially sensitive (meaning it could reasonably cause prejudice to the organisation if disclosed to a third party) then it should be clearly marked as "Not for disclosure to third parties” together with valid reasons in support of the information being exempt from disclosure under the Act and the EIR.