ASH - telemarketing project ITT
Upcoming SlideShare
Loading in...5
×
 

Like this? Share it with your network

Share

ASH - telemarketing project ITT

on

  • 987 views

 

Statistics

Views

Total Views
987
Views on SlideShare
987
Embed Views
0

Actions

Likes
0
Downloads
4
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

ASH - telemarketing project ITT Document Transcript

  • 1. TENDER DOCUMENT - ASH TELEMARKETING SERVICE INVITATION TO TENDER ACTION ON SMOKING AND HEALTH – TELEMARKETING SERVICE Return Date:- 25th July 2007 ASH - telemarketing project FINAL version (2).doc Page 1 of 44
  • 2. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 0. Contents 0. CONTENTS 2 1. SECTION ONE –INSTRUCTIONS & CONDITIONS 4 1.1 INSTRUCTIONS TO TENDERERS 4 1.2 TENDER CONDITIONS 7 1.3 EVALUATION CRITERIA 9 2. SECTION TWO – BACKGROUND/OVERVIEW 11 2.2 PRIORITY OUTCOMES 12 2.3 BENEFICIARIES 12 2.4 OUTPUT REQUIREMENTS 13 3. SECTION THREE - COMPANY AND POLICY INFORMATION 14 3.1 GENERAL AND FINANCIAL INFORMATION 14 3.2 EMPLOYMENT INFORMATION 21 3.3 HEALTH AND SAFETY 24 3.4 ENVIRONMENTAL INFORMATION 26 3.5 REFERENCES 27 4. SECTION FOUR – PRODUCT/SERVICE REQUIREMENTS 30 4.1 SERVICE METHOD STATEMENTS 30 5. SECTION FIVE - PRICING SCHEDULE 31 5.1 CAPITAL COST DESCRIPTIONS 31 5.2 REVENUE COST DESCRIPTIONS 32 5.3 SUMMARY PRICING SCHEDULE 33 6. SECTION SIX – TENDER CHECKLIST & SUPPORTING DOCUMENTS 35 6.1 TENDER CHECKLIST 35 6.2 DETAILS OF SUPPORTING DOCUMENTATION 36 ASH - telemarketing project FINAL version (2).doc Page 2 of 44
  • 3. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 7. SECTION SEVEN - FORM OF TENDER 37 8. SECTION EIGHT – CERTIFICATE AGAINST CANVASSING 38 9. SECTION NINE – NON-COLLUSIVE TENDERING CERTIFICATE 39 10. SECTION TEN - CONDITIONS OF CONTRACT 40 11. APPENDIX ONE 41 11.1 REGULATION 23 OF THE PUBLIC CONTRACTS REGULATIONS 2006 (SI 2006 NO. 5) 41 ASH - telemarketing project FINAL version (2).doc Page 3 of 44
  • 4. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 1. Section One –Instructions & Conditions 1.1 Instructions to Tenderers Acknowledgement All Tenderers are requested to acknowledge receipt of this ITT immediately by e-mail or facsimile to ce.procurement@oldham.gov.uk or (0161) 770 4945 marked for the attention of Corporate Procurement. The acknowledgement should state the following; • The Tenderers willingness or otherwise to submit a Tender; • The name of the Tenderers contact to whom all communications regarding this ITT should be addressed. If the Tenderer does not wish to, or is unable to Tender, then these documents should be immediately returned to the Council’s Procurement Officer detailed in the covering letter. Discrepancies, Omissions and Enquiries concerning the Tender Documents Should the Tenderer find discrepancies in, or omissions from, the Tender Documents, the Council’s Procurement Officer shall be immediately notified by the Tenderer. Circular Advices Any instruction by the Council prior to the Tender due date will be issued as a Circular Advice to all Tenderers. Clarification and Queries There will not be any negotiations of any of the substantive terms of the Tender Documents. Only clarification queries relating to the Tender Documents will be answered. Tenderers shall communicate all Tender related queries by letter or e-mail to the Council’s Procurement Officer no later than Monday 23rd July 2007. Any questions about the procurement should be submitted to ce.procurement@oldham.gov.uk or: Corporate Procurement Oldham Metropolitan Borough Council PO Box 196 Civic Centre West Street Oldham OL1 1UL The Procurement Officer shall respond to all such queries by the issue of a Circular Advice to all Tenderers. Telephone enquiries will NOT be accepted. ASH - telemarketing project FINAL version (2).doc Page 4 of 44
  • 5. TENDER DOCUMENT - ASH TELEMARKETING SERVICE Study of Tender Documents The Tenderer is required to examine the Tender Documents and to obtain all information as it may require them to submit a Tender. The Tenderer shall be deemed to have satisfied itself as to the correctness and sufficiency of its Tender. No claims whatsoever shall be entertained arising out of the Tenderers failure to study the Tender Documents. Tender Submission Tenders must be submitted for the whole of the required Service. Tenders for part only of the Service will be rejected. All documents must be written in English. Tenderers must complete and return the relevant Sections of this ITT document. The Tender Documents must be in a sealed package addressed as detailed below. Any such package shall not bear any name or any other mark (e.g. postal or franking devices on envelope) by which the Tenderer can be identified. The package(s) (if more than one) should be delivered to: Legal and Democratic Services Oldham Metropolitan Borough Council PO Box 33 Civic Centre West Street Oldham OL1 1UL The package(s) must use the enclosed address label stating “Tender for ACTION ON SMOKING AND HEALTH TELEMARKETING SERVICE” The package(s) shall arrive no later than 12:00 hours on Wednesday 25th July 2007. No markings or any means of identification shall be made on the outside of the parcel. Tenders received after 12:00 hours on Wednesday 25th July 2007 will NOT be considered. Please note that if you are delivering the Tender by hand or by Courier it must be handed in to the Rochdale Road Reception at the Civic Centre, Oldham before the specified closing time. Reception is open from 8.00 am to 5.00 pm, Monday to Friday (excluding public holidays). A master hard copy plus 2 further copies of the Tender and a copy of the Tender on compact disc (CD) must be provided. Please do NOT e-mail your tender submission to the Council. Tender Errors and Omissions If the Council discovers errors or omissions in the Tender, the Tenderer may be required to justify the price/item(s) concerned. Any price adjustments to the Tender made by agreement between the Council and the Tenderer shall be confirmed in writing by the Tenderer to the Council before final acceptance by the Council. ASH - telemarketing project FINAL version (2).doc Page 5 of 44
  • 6. TENDER DOCUMENT - ASH TELEMARKETING SERVICE Procurement Timetable The intended duration of the Contract is until 31st March 2009. The Council intends to award the Contract on 9th August 2007 and reserves the right to award the Tender at such date or at a later date, or not at all. The Council proposes the following timetable for the award of the Contract: Activity Date Dispatch of ITT 28th June 2007 Return of ITT 25th July 2007 Evaluation of ITT 26th July 2007 Selection of successful Tenderer 2nd August 2007 Service commencement 9th August 2007 The Council reserves the right to change the above timetable and Tenderers will be notified accordingly where there is a change in the timetable. Debriefing Sessions Once final award has taken place all successful and unsuccessful Tenderers will be invited to an individual debriefing session. The sessions will provide an opportunity to discuss strengths and weaknesses of each submission. Freedom of Information Act (2000) The Council is a public authority under the Freedom of Information Act 2000 (the “Act”). As part of its duties under the Act, the Council may disclose information to a person making a request unless the information is covered by an exemption under the Act. The Council is required to determine whether the public interest in maintaining the exemption from disclosing it outweighs the public interest in disclosing it. Suppliers must state in their ITT whether or not they consider the information supplied, if disclosed to a third party, would be prejudicial to their commercial interests and if so, the reasons for such a claim. Suppliers should be aware that although such claims and reasons will be taken into consideration by the Council when deciding whether to disclose information, the Council may still be required to disclose such information so that the Council’s statutory obligations are met. Receipt by the Council of any material marked ‘confidential’ or equivalent should not be taken to mean that the Council accepts any duty of confidence by virtue of that marking. The Council shall not be responsible for any loss, damage, harm or other detriment however caused arising from the disclosure of any of the confidential information under the Freedom of Information Act or other similar legislation or code. ASH - telemarketing project FINAL version (2).doc Page 6 of 44
  • 7. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 1.2 Tender Conditions Acceptance of Tender The Tender shall constitute an irrevocable offer to perform the Service. The successful Tenderer shall conclude a formal Contract with the Council, which shall embody the Tenderer’s offer. No Tenderer may consider itself successful unless and until a formal Contract has been signed by a duly authorised representative of each party. It is clearly understood that the ITT and the submission of the Tender shall not in anyway bind the Council to enter into a contract with the Tenderer or involve the Council in any financial commitment whatsoever in this respect. The Tenderer is also advised that the Council do not bind themselves to accept the lowest, or any, Tender, but at the Council’s sole discretion may accept the whole or part of any Tender. Any acceptance of a Tender by the Council shall be in writing and shall be communicated to the Tenderer. Upon such acceptance the Contract shall become binding on both parties and, notwithstanding that, the appointed contractor shall upon request of the Council execute a formal Contract in writing in the form of the Contract provided with the Tender Documents. The Tender shall remain open for acceptance for a period of 6 months from the closing date for the receipt of Tenders. Rejection of Tender The Council may in its absolute discretion refrain from considering or reject any Tender if: • The Tender is incomplete or vague or is submitted later than the prescribed date and time; or • It is not in accordance with the ITT and all other provisions of the Tender Documents or is in breach of any condition contained in the ITT; • Any Tender in respect of which the Tenderer: o Has directly or indirectly canvassed any official of the Council or obtained information from any other person who has been contracted to supply goods or provide services or works to the Council concerning the award of the Contract or who has directly or indirectly obtained or attempted to obtain information from any such member or official concerning any other Tenderer; or o Fixes or adjusts the prices shown in the Pricing Schedule by or in accordance with any agreement or arrangement with any other person; or o Communicates to any person other than the Council the amount or approximate amount of the prices shown in the Pricing Schedule except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the Tender or for the purposes of insurance or financing; or o Enters into any agreement with any other person that such other person shall refrain from submitting a Form of Tender or shall limit or restrict the prices to be shown or referred to by another Tenderer; or ASH - telemarketing project FINAL version (2).doc Page 7 of 44
  • 8. TENDER DOCUMENT - ASH TELEMARKETING SERVICE o Offers to agree to pay to any person having direct connection with the ITT process or does pay or give any sum of money, inducement or valuable consideration, directly or indirectly, for doing or having done or causing or having caused to be done in relation to any other Tenderer or any other person’s proposed Tender, any act or omission; or o In connection with the award of the Contract commits an offence under the Prevention of Corruption Acts 1889 to 1916 or gives any fee or reward the receipt of which is an offence under Section 117(2) of the Local Government Act 1972, o Shall not be considered for acceptance and shall accordingly be rejected by the Council provided always that such non-acceptance or rejection shall be without prejudice to any other civil remedies available to the Council or any criminal liability which such conduct by a Tenderer may attract. Amendment to Tender Documents Should any additions or deletions to the Tender Documents be considered necessary prior to the date for submission of Tenders, these will be issued by the Council to Tenderers and will be deemed to then form part of the Tender Documents; the Council reserves the right to extend any date for submission of the Tenders accordingly. Tenderers Responsibilities A Tenderer shall be deemed to have satisfied itself before submitting its Tender as to the accuracy and sufficiency of the prices and rates as stated in any Pricing Schedule contained in that Tender which shall (except in so far as it is otherwise provided in the Contract) cover all obligations under the Contract and a Tenderer shall also 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 Tender. The Tenderer is responsible for obtaining all information necessary for the preparation of its Tender and all costs, expenses and liabilities incurred by a Tenderer in connection with the preparation and submission of a Tender shall be borne by the Tenderer. Council Representatives No person in the Council’s employ or other agent, except as so authorised by the Contact Officer, has any authority to make any representation or explanation to Tenderers as to the meaning of the Contract or any other Tender Document or as to anything to be done or not to be done by Tenderers or the successful Tenderer or as to these instructions or as to any other matter or thing so as to bind the Council. Confidentiality All information supplied by the Council in connection with this ITT shall be treated as confidential by Tenderers except that such information may be disclosed so far as is necessary for the purpose of obtaining sureties guarantees and quotations necessary for the preparation and submission of the Tender. ASH - telemarketing project FINAL version (2).doc Page 8 of 44
  • 9. TENDER DOCUMENT - ASH TELEMARKETING SERVICE Tender Documents The documents which constitute the Tender Documents and all copies thereof are and shall remain the property of the Council and save for the purposes of the Tender, must not be copied or reproduced in whole or in part and must be returned to the Council upon demand. Council’s Warranties and Disclaimers The fact that a Tenderer has been invited to submit a Tender does not necessarily mean that the Tenderer has completely satisfied all the Council’s criteria and the Council may require further information as appropriate and assess this as part of the Tender evaluation process. The Tenderer shall have no claim whatsoever against the Council in respect of such matters and in particular (but without limitation) the Council shall not make any payments to the successful Tenderer save as expressly provided for in the Contract and (save to the extent set out in the Contract) no compensation or remuneration shall otherwise be payable by the Council to the Tenderer in respect of the Service by reason of the Specification being different to that envisaged by the Tenderer or otherwise. Whilst the information in this ITT has been prepared in good faith, it does not purport to be comprehensive or to have been independently verified. With the exception of statements made fraudulently, the Council does not accept any liability or responsibility for the adequacy, accuracy or completeness of such information. The Council does not make any representation or warranty (express or implied) with respect to the information contained in the ITT or with respect to any written or oral information made or to be made available to any Tenderer or its professional advisors. Each Tenderer to whom the ITT is sent must make its own independent assessment of the proposed terms after making such investigation and taking such professional advice as it deems necessary to determine its interest in the Contract. This ITT is issued on the basis that nothing contained in it shall constitute an inducement or incentive nor shall have in any other way persuaded a Tenderer to submit a Tender or enter into any other contractual agreement. Under no circumstances shall the Council be liable to a Tenderer in respect of any costs incurred by a Tenderer (whether directly or otherwise) in relation to the preparation or submission of a Tender. 1.3 Evaluation Criteria The Council is seeking a Project to be delivered at a cost effective price. The tender evaluation exercise will seek to balance the issues of quality and price to ensure that the Bidder chosen offers the best value for money to the Council. Upon receipt of formal Bids, the Council will be concerned to ensure that there has been full compliance with the Tender Documents, and all necessary information has been supplied. The information supplied will be checked for completeness and compliance before responses are evaluated. The Council intends to award the contract based on the most economically advantageous offer. The Council shall not be bound to accept the lowest price of any Bid submitted. Failure to provide a satisfactory response to any of the questions may result in the Council not proceeding further with the Bidder. ASH - telemarketing project FINAL version (2).doc Page 9 of 44
  • 10. TENDER DOCUMENT - ASH TELEMARKETING SERVICE Tenders will be evaluated on the basis of the most economically advantageous offer to the Council. The evaluation criteria, and the associated weightings, which will be utilised in this assessment are: - • Financial and Good Practice – Pass/Fail • Expert/Technical Knowledge (15%) • Proven Experience (10 %) • Resource and Capability (25%) • Suitability of Proposed Solution (against indicative budget) (40 %) • Price (10%) ASH - telemarketing project FINAL version (2).doc Page 10 of 44
  • 11. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 2. Section Two – Background/Overview 2.1. Project Outline To increase levels of life expectancy and reduce rates of lung cancer and chronic disease in the Hathershaw and Fitton Hill NDC (NDC) area, levels of smoking must be reduced. This will narrow the Health Inequalities gap by improving the health of both smokers and non-smokers. The project will focus on reducing the number of residents in the NDC area who smoke. This element of work relates to a telemarketing approach drawing on the successful experiences in locations such as North Fulham NDC and Knowsley PCT. This project will recruit NDC residents to smoking cessation activities via the delivery of information, advice and guidance over the telephone utilising social marketing approaches. These will target specific population groups to promote stop smoking opportunities and provide information relating to the risks associated with smoking. Social marketing is the systematic application of marketing alongside other concepts and techniques to achieve specific behavioural goals for a social good, in this case relating to the reduction of smoking and uptake of smoking cesation. Telemarketing will be undertaken to engage with potential quitters. However, to ensure more focused targeting there is a need to better understand the requirements of specific groups in the resident population. The approaches to use with specific groups vary and as a result it is likely to be necessary to purchase specific data for use in telemarketing. This will ensure that the key groups are targeted and engaged in an appropriate manor. It is possible that MOSAIC (tool used to support social marketing) could be used to achieve this. However, the exact approach will depend on those who successfully tender (other tools are available). The provision of the smoking cessation telemarketing service is a key feature of the NDC Year 7 and Year 8 programme and of the delivery of its Health Theme Strategy. It is envisaged that the telemarketing project will include a range of activities to effectively target the resident population who smoke, these could include the following: • Target residents that smoke in the NDC area. This will be done by accessing telephone numbers of local residents in the NDC area (more efficiency will be gained if an approach can be found to target those that smoke) • Establishment of the telemarketing approaches that will work with different population groups within the NDC area. This could include using information systems such as MOSAIC. • The project will gather telephone data relating to residents • The service should be provided on an individually tailored basis, as identified in a needs assessment. • Delivery of information, advice and guidance on smoking cessation opportunities to residents of the NDC area. • Development of resident database – regarding those who do or do not smoke. This will also include referral information and detail or smoking status at key intervention time points. • Recruitment of residents to the existing smoking cessation service ASH - telemarketing project FINAL version (2).doc Page 11 of 44
  • 12. TENDER DOCUMENT - ASH TELEMARKETING SERVICE • Motivation, previous attempts, addiction history • Opportunistic advice • A key part of the service, providing residents with direct access to smoking cessation opportunities and assistance in choosing and finding an approach suitable for the resident. The above service should also provide assistance to local smoking cessation service providers with service needs. • Information – regarding individual routes preferred but currently not available via the NHS should be recorded to enable NDC to commission specifically targeted work. • Gather information on smoking status at the 4 week, 6 month and 12 month post quit date points. • Working with partner organisation to gain maximum efficiencies Initial research into similar projects has indicated that this type of exercise is likely to cost in the region of £130,000 and the NDC’s budget is within this price range. We accept that the price will vary depending on the quality if the service provision and are looking at achieving best value for the residents of Hathershaw and Fitton Hill NDC. 2.2 Priority Outcomes Long-term outcomes, as a result of this project, will include an improvement in health and an increase in the number of people quitting smoking The project will contribute towards: - • An increase in the percentage of residents who are aware of the smoking cessation service and what services it offers. • A decrease in the percentage of residents who smoke - by encouraging and supporting residents into the smoking cessation service and other methods of quitting. • An increase in involvement of residents in cessation service delivery - by giving participants an opportunity to review and comment on the services offered and location of services. • In the long term a reduction in the health issues relating to smoking. 2.3 Beneficiaries Engagement of residents will be key to the success of the “Action on Smoking and Health – Telemarketing” project. Priority targets will be residents aged 16 to 34 and/or male and/or from BME groups who live in the Hathershaw & Fitton Hill NDC area who are smokers at the time of initial contact. The service should be available to all residents, but should focus its activities on addressing the needs of priority disadvantaged groups, as identified in Oldham’s LAA (Local Area Agreement see www.oldhampartnership.org.uk), namely: • Residents between the ages or 16 and 34 ASH - telemarketing project FINAL version (2).doc Page 12 of 44
  • 13. TENDER DOCUMENT - ASH TELEMARKETING SERVICE • Male residents who do not tend to engage in cessation services to the same extent as females • BME residents In addition, residents with current health issues or risk factors (such as Chronic Obstructive Pulmonary Disease – COPD -, high cholesterol levels, high blood pressure, obesity, diabetes etc). 2.4 Output Requirements 07/08 08/09 Total Number of residents contacted 500 800 1300 by telemarketing service (27,54,113) (95,195,400) (155,215,650) (BME,U34,Male) Number of residents engaged 100 150 250 by telemarketing service in smoking cessation provision (12,25,50) (18,37,75) (30,63,125) (BME,U34,Male) Number of residents engaged 45 70 115 by telemarketing service in smoking cessation provision (3,9,22) (5,15,35) (8,24,57) achieving 4 week quit (BME,U34,Male) Number of residents engaged Data to be Data to be Data to be by telemarketing service in quantified from quantified from quantified from smoking cessation provision baseline baseline baseline achieving 6 month quit research research research (BME,U34,Male) Number of residents engaged Data to be Data to be Data to be by telemarketing service in quantified from quantified from quantified from smoking cessation provision baseline baseline baseline achieving 12 month quit research research research (BME,U34,Male) Beneficiaries must be recorded by age, gender, ethnicity, employment or benefit status etc. In addition minimum data collection requirements to be provided in an agreed format should include: individual contact details, quit status (as detailed above), records of telephone contact, advice provided, follow up to advice provided. ASH - telemarketing project FINAL version (2).doc Page 13 of 44
  • 14. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3. Section Three - Company and Policy Information The purpose of this part of the tender is to obtain details that provide basic information about your organisation and allow us to verify that it: • is a legitimate trading organisation; • has acceptable levels of financial standing, and ; • promotes good practices in areas of employment, health & safety and environmental care & protection. The Council strongly supports and promotes equal opportunity, fair employment and health & safety, and are committed to the protection and enhancement of the environment. As purchasers of goods, works and services we expect Suppliers and their supply chains, to have a similar approach. If your submission is for a group of companies or consortia, each must complete Section Three of this ITT. You must give details of the legal entity and relationship between members and identify the lead bidder. 3.1 GENERAL AND FINANCIAL INFORMATION Are you bidding as part of a group of companies/consortia Yes No 3.1.1 Full name of your organisation: 3.1.2 Contact Details Name: Job Title: Address: Telephone no: ASH - telemarketing project FINAL version (2).doc Page 14 of 44
  • 15. TENDER DOCUMENT - ASH TELEMARKETING SERVICE Fax No: Mobile No: Email Address: Web Address (if any): 3.1.3 Which of the following categories apply to your organisation? Self-employed Private limited company Sole trader Public limited company Partnership Industrial/Provident Society Registered Charity Franchise Operation Other If Other, please specify:……………………………………………………………….…. 3.1.4 If your organisation is a private or public limited company, co-operative, society or charity, please give: Registration Number: Date of Registration: Registered Address: ASH - telemarketing project FINAL version (2).doc Page 15 of 44
  • 16. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.1.5 If applicable, please enclose a copy of the Certificate of Incorporation of the organisation under the Companies Act 1995 and any certificate of change of name? Enc. Yes No N/A 3.1.6 VAT registration number: 3.1.7 Please give full details of any proprietors, directors, partner or associates who are or have been employed by Oldham MBC. If none, please state NONE. 3.1.8 Please give full details of any relatives of any proprietors, directors, partner or associates who are or have been employed by Oldham MBC. Typical relationships which must be revealed include mother, father, sister, brother, son, daughter, partner, partner’s mother or father, sister, brother, son or daughter. These relationships are not an exhaustive list of possible connections, which need to be revealed. If you are unsure if you need to reveal a connection please contact Oldham MBC Procurement via the PQQ Queries route detailed in Section One. If none, please state NONE. ASH - telemarketing project FINAL version (2).doc Page 16 of 44
  • 17. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.1.9 If your organisation is a member of a group of companies, give the names and addresses of the holding and associated companies, clearly stating relationships. Name & Address of Company Relationship to Tendering Company 3.1.10. Where appropriate, would your group or parent company guarantee contract performance? Yes No N/A 3.1.11 Name and Address of your Bank 3.1.12 Can an approach be made directly to your Bank for a financial reference? Yes No ASH - telemarketing project FINAL version (2).doc Page 17 of 44
  • 18. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.1.13 If requested, could your organisation provide fully audited accounts, or internal management accounts, or a business plan, or a certified statement of turnover for your last three accounting periods? Yes No 3.1.14 If you have answered No to 3.1.13 and are unable to provide financial information for three accounting periods, please confirm what information you are able to provide and for what time period. 3.1.15 If the most recent information is for an accounting period that ended more than 18 months ago, please state why you could not provide more recent information. 3.1.16 Please give details of your annual turnover in respect of work covered by the specification over the past three years. 3.1.17 Does your organisation have insurance policies with the minimum cover as follows? (i) Employers Liability Insurance - £10m Yes No (ii) Public Liability (Third Party) Insurance - £5m Yes No (iii) Professional Indemnity Insurance - £2m Yes No Please enclose copies of your insurance certificates. Enc. Yes No ASH - telemarketing project FINAL version (2).doc Page 18 of 44
  • 19. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.1.18 Do your insurance policies cover you for the product/services that you are tendering for? Yes No 3.1.19 Please provide full details of any claims in excess of £15,000 made under your organisations professional indemnity policy within the last 3 years. 3.1.20 Does your organisation have any outstanding claims, litigation or judgments against, or other court orders that could affect the financial stability or continued existence of your organisation? Yes No 3.1.21 Does your organisation hold a current quality assurance certificate? Yes No 3.1.22 If you have answered Yes to 3.1.21, please enclose a copy. Enc. Yes No : 3.1.23 Do you store personal information on service users in an electronic form i.e. on a computer? Yes No 3.1.24 Are you registered to hold and disclose this data under the principles of the Data Protection Act 1998? Yes No 3.1.25 Have you, your managers or any members of staff been found guilty in relation to: a. any relevant criminal, civil or professional offences? YOU Yes No MANAGERS Yes No OTHER STAFF Yes No b. offences under the Health and Safety at Work Act (1974) or associated legislation in the last two years? YOU Yes No MANAGERS Yes No OTHER STAFF Yes No ASH - telemarketing project FINAL version (2).doc Page 19 of 44
  • 20. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.1.26 If you have answered Yes to any of the questions in 3.1.25, please provide full details below. Enc. Yes No 3.1.28 How does your organisation comply with the Criminal Records Bureau and Protection of Vulnerable Adults/Protection of Children? 3.1.29 Do any of the circumstances as set out in : The Public Contracts Regulations 2006 (SI 2006 No. 5), Regulation 23 apply to your company? (See Appendix 1) Yes No 3.1.29 If you have answered Yes to 3.1.29, please give details: ASH - telemarketing project FINAL version (2).doc Page 20 of 44
  • 21. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.2 EMPLOYMENT INFORMATION The following questions and description of evidence are derived from those specified by the Secretary of State under section 18(5) of the Local Government Act 1988, modified and extended as permitted by Orders made under Section 19 of the Local Government Act 1999 [and under section 7 of the Local Government in Scotland Act 2003]. Your organisation will be evaluated for race equality in employment on the basis of your answers to these questions. Please ensure that you answer every question. Failure to provide the information requested may result in your organisation being rejected. Please provide sufficient information to enable Oldham MBC to make a fair and accurate assessment of how, as an employer, you have dealt with race equality issues. You will be requested to supply evidence to support your answers to the questions below. Such evidence may be examples or copies of documents such as your race equality or equal opportunities in employment policy; documents containing instructions to staff, or outlining arrangements for advertisements, recruitment, selection, access to training, and opportunities for promotion; copies of recruitment advertisements; extracts from staff handbooks; or other materials. Oldham MBC is also committed to promoting equality of opportunity for disabled people, and between women and men, and accordingly seeks information regarding your organisation’s compliance with other antidiscrimination legislation. 3.2.1 Is it your policy as an employer to comply with your statutory obligations under the Race Relations Act 1976, which applies in Great Britain, or equivalent legislation that applies in the countries in which your organisation employs staff? Yes No 3.2.2 Accordingly, is it your practice not to discriminate directly or indirectly on grounds of colour, race, nationality, age or ethnic or national origins in relation to decisions to recruit, select, remunerate, train, transfer, and promote employees? Yes No 3.2.3 In the last three years, has any finding of unlawful racial discrimination in the employment field been made against your organisation by the employment tribunal, the employment appeal tribunal, or any court, or in comparable proceedings in any other jurisdiction? Yes No 3.2.4 In the last three years, has your organisation been the subject of formal investigation by the Commission for Racial Equality (CRE), or a comparable body, on the grounds of alleged unlawful discrimination in the employment field? Yes No 3.2.5 If the answer to 3.2.1 is Yes or, in relation to 3.2.4, the CRE or comparable body made a finding adverse to your organisation, what steps have you taken as a result of that finding? ASH - telemarketing project FINAL version (2).doc Page 21 of 44
  • 22. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.2.6 Is your policy on race relations set out: (i) in instructions to those concerned with recruitment, selection, remuneration, training, and promotion; Yes No (ii) in documents available to employees, recognised trade unions, or other representative groups of employees; and Yes No (iii) in recruitment advertisements or other literature? Yes No 3.2.7 If your answer to any element of 3.2.6 is No, can you provide other evidence to show how you promote race equality in employment? Yes No 3.2.8 Are staff who have managerial responsibilities required to receive training on equal opportunities? Yes No 3.2.9 Do you observe, as far as possible, the CRE’s code of practice for employment, as approved by parliament in 1983, or a comparable statutory code or guidance issued under equivalent legislation in another member state, which gives practical guidance to employers and others on the elimination of racial discrimination and the promotion of equality of opportunity in employment, including monitoring of workforce matters and steps that can be taken to encourage people from ethnic minorities to apply for jobs or take up training opportunities? Yes No 3.2.10 Is it your policy as an employer to comply with your statutory obligations under the Sex Discrimination Act 1975, as amended, the Equal Pay Act 1970, the Disability Discrimination Act 1995 and the Employment Equality (Age) Act 2006 – all of which apply in Great Britain – or equivalent legislation in the countries in which you employ staff? Yes No ASH - telemarketing project FINAL version (2).doc Page 22 of 44
  • 23. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.2.11 In the last three years, has any finding of unlawful sex or disability discrimination in the employment field been made against your organisation by the employment tribunal, the employment appeal tribunal, or any court, or in comparable proceedings in any other jurisdiction? Yes No 3.2.12 If the answer to question 3.2.11 is Yes, what steps have you taken as a result of that finding? 3.2.13 If you are not currently subject to UK legislation, please supply details of your experience in complying with equivalent legislation that is designed to eliminate discrimination (especially racial discrimination) and to promote equality of opportunity. 3.2.14 Does your organisation ensure fair employment, both as a direct employer and in the organisations in your supply chain by, for example: • complying with national minimum wage requirements and working time directives • encouraging training, employee relations, employee development, trade union recognition, consultation with the workforce, and dispute resolution? Yes No 3.2.15 Please provide details of any written policies or procedures which prove that, as an employer, you follow equal opportunities legislation and that it is your policy and practice not to treat any person less favourably because of their colour, race, nationality, age, religion or ethnic origin when you are recruiting, training or promoting employees. Enc. Yes No ASH - telemarketing project FINAL version (2).doc Page 23 of 44
  • 24. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.3 HEALTH AND SAFETY 3.3.1 Does your organisation have a written health and safety at work policy? Yes No 3.3.2 If you have answered Yes to 3.3.1, please enclose a copy of your policy. Enc. Yes No 3.3.3 If you have answered No to 3.3.1, please provide written details of • your procedures in case of emergency • your procedures for reporting and recording accidents or dangerous occurrences • your first aid and welfare provisions • your provision of appropriate protective clothing and equipment. Enc. Yes No 3.3.4 During the last three years, has your organisation been prosecuted for contravening the Health and Safety at Work Act 1974 or other health and safety law, or has your organisation been (or is currently) the subject of a formal investigation by the Health and Safety Executive or similar national body, which enforces health and safety standards? Yes No 3.3.5 If your answer to 3.3.4 is Yes, what steps have you taken as a consequence of the finding? 3.3.6 Has your organisation been the subject of a formal investigation by the Health and Safety Executive, or similar national body charged with supervision of health and safety standards? Yes No ASH - telemarketing project FINAL version (2).doc Page 24 of 44
  • 25. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.3.7 If your answer to 3.3.6 is Yes, please give details and describe what steps you have taken as a consequence of the investigation? ASH - telemarketing project FINAL version (2).doc Page 25 of 44
  • 26. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.4 ENVIRONMENTAL INFORMATION 3.4.1 Is your organisation committed to the protection and improvement of the environment by having a formal environmental policy and/or management system? Yes No 3.4.2 If the answer to 3.4.1 is Yes, please provide a copy of your policy. Enc. Yes No 3.4.3 Within the last three years, has your organisation been prosecuted by or been issued with an improvement notice or an enforcement notice or an order by the Environment Agency or any other enforcement body responsible for protecting the environment (including a planning authority in respect of breach of planning control)? Yes No 3.4.4 If your answer to 3.4.3 is Yes, what steps have you taken as a consequence of the finding? ASH - telemarketing project FINAL version (2).doc Page 26 of 44
  • 27. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.5 REFERENCES 3.5.1 Please give the contact details of two organisations to which you currently supply smoking cessation or telemarketing related services and who would give a reference to the Council, together with the approximate annual value of the contract or business transacted. If you currently supply goods and/or services to Oldham MBC, then you must use this as your first reference. Organisation 1 Organisation 2 Name: Address: Project Title: Contact: Tel No: Annual Value: ASH - telemarketing project FINAL version (2).doc Page 27 of 44
  • 28. TENDER DOCUMENT - ASH TELEMARKETING SERVICE Description of Service Provided Award Date of Contract Length of Contract 3.5.2 Is your organisation affiliated to a trade or professional organisation? Yes No 3.5.3 If you have answered Yes to 3.5.2, please give details and enclose proof. Enc. Yes No 3.5.4 Has your organisation ever been asked to pay financial penalties levied in respect of a failure to perform to the terms of a contract? Yes No 3.5.5 Has your organisation ever had a contract terminated or its employment determined under the terms of a contract? Yes No ASH - telemarketing project FINAL version (2).doc Page 28 of 44
  • 29. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 3.5.6 Has your organisation ever failed to receive a contract renewal on the basis of unsatisfactory performance? Yes No 3.5.7 In relation to any work performed in the past by employees who are likely to be allocated to the required work, has your organisation had a client who refused to settle an account or contract in the last 3 years? Yes No 3.5.8 If you have answered Yes to any of questions 3.5.4, 3.5.5, 3.5.6 or 3.5.7, please provide full details below. 3.5.9 Will you employ sub-contractors to work on the contract? Yes No 3.5.10 If you have answered Yes to question 3.5.9, please provide full details below of those organisations you may wish to use and in what areas they would be employed. ASH - telemarketing project FINAL version (2).doc Page 29 of 44
  • 30. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 4. Section Four – Product/Service Requirements 4.1 Service Method Statements Please provide an outline (of maximum 8 pages, 12 point font) of the approach you will undertake to achieve the project outcomes (outlined in section 2.2) and project outputs (outlined in section 2.4). Further details regarding the requirements of the project are provided in Sections 2.1 and 2.3. As a minimum this should include detail how you will recruit NDC residents to smoking cessation activities via the delivery of information, advice and guidance over the telephone utilising social marketing approaches. Detail should be included regarding how you will gather telephone data relating to Hathershaw and Fitton Hill NDC residents who are potential quitters. Detail should be included regarding the approach to be undertaken to engage with potential quitters and in particular the focused targeting requirements of specific groups in the resident population. Details of relevant experience, local knowledge and partnership links and opportunities should also be provided. Data management approach and detail of those engaged with (including detail relating to smoking status at 4 weeks, 6 months and 12 months post quit date) should be included. In addition, detail of secured match funding for this work. PLEASE PROVIDE RESPONSE HERE. ASH - telemarketing project FINAL version (2).doc Page 30 of 44
  • 31. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 5. Section Five - Pricing Schedule Please read carefully the instructions in this section regarding the completion of the Pricing Schedule. Tenderers should ensure that all required costs are included within the Schedule: These costs will form the basis of the Tender submission. Where a Tenderer has alternative financial options, then a separate Schedule should be completed for each alternative. All costs should be EXCLUSIVE of VAT. The Pricing Schedule is split into two sections. Bidders are required to idenitfy both capital and revenue costs associated with the Service. Each area of cost should be shown on the Summary Pricing Schedule (Section 5.3) and a detailed description provided in Section 5.1 or 5.2 as to what is included in each of the cost areas. This should be cross referenced to the reference number detailed in the Summary Pricing Schedule (Column 1). Where the costs increase over the period, justification for this must be provided in the description. 5.1 Capital Cost Descriptions No. Cost Area Detailed Description of Cost Capital Expenditure Example Data gathering Purchase of telephone number data relating to NDC residents. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 ASH - telemarketing project FINAL version (2).doc Page 31 of 44
  • 32. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 5.2 Revenue Cost Descriptions No. Cost Area Detailed Description of Cost Revenue Expenditure Example Telemarketing staff ‘N’ hours of weekend telemarketing staff calling out to residents. R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12 ASH - telemarketing project FINAL version (2).doc Page 32 of 44
  • 33. TENDER DOCUMENT - ASH TELEMARKETING SERVICE 5.3 Summary Pricing Schedule Year One (07/08) Year Two (08/09) TOTAL No Cost Area Jul/Sept Oct/Dec Jan/Mar Apr/Jun Jul/Sept Oct/Dec Jan/Mar C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12 Total Expenditure ASH - telemarketing project FINAL version (2).doc Page 33 of 44
  • 34. INVITATION TO TENDER 6. Section Six – Tender Checklist & Supporting Documents 6.1 Tender Checklist 6.1.1 Please confirm that the following information has been included in your Tender response. If the information has not been included, please ensure that the reason why it is not is provided either by the original questions in the Tender Document or below in the space provided. Section No. Document Please tick if enclosed or state “N/A” 3.1.5 Certificate of Incorporation and Certificate of Change of Name (if applicable) 3.1.17 Insurance Certificates for Employers Liability, Public Liability and Professional Indemnity Insurance 3.1.22 Quality Assurance Certificates 3.2.15 Equal Opportunities Policy 3.3.2 / 3.3.3 Health and Safety Policy or equivalent 3.4.2 Environmental Policy 3.5.3 Details of trade/professional affiliations 4.0 Completed Product/Service Requirements 5.0 Completed Pricing Schedule 7.0 Signed Form of Tender 8.0 Signed Certificate against Canvassing 9.0 Signed Non-Collusive Tendering Certificate Please provide details of why any information has not been provided. ASH - telemarketing project FINAL version (2).doc Page - 35 -of 44
  • 35. INVITATION TO TENDER 6.2 Details of Supporting Documentation 6.2.1 Please detail any supporting documentation provided with the Tender response. Each document MUST clearly reference the question it related to. Question Number Details of Document Attached ASH - telemarketing project FINAL version (2).doc Page - 36 -of 44
  • 36. INVITATION TO TENDER 7. Section Seven - Form of Tender Tender for ACTION ON SMOKING AND HEALTH – TELEMARKETING SERVICE To: OLDHAM METROPOLITAN BOROUGH COUNCIL Having read the Tender Documents relating to the above I undertake and agree as follows:- (a) to deliver the required products and/or services on being notified of acceptance of my/our Tender in whole or in part; (b) having examined the Tender Documents for the delivery of the above services, we offer to deliver/carry out the said servcies in conformity therewith for the sum/sums enclosed in Section 5 of this Tender response; (c) that my/our prices will not be divulged to any person, firm or company before the hour and date specified for the return of Tender submissions; (d) not to withdraw the offer contained herein nor to refuse to execute or seal a formal agreeement within 28 days of being called upon to do so and I/we clearly understand that any failure on my/our behalf to comply with the foregoing provisions may lead to my/our being disqualified from tendering for a minimum period of three years; (e) we understand you are not bound to accept the lowest Tender or any Tender you may receive and you will not pay any expenses incurred by us in connection with the preparation and submission of this Tender; (f) I/we understand and agree that any breach, non-observance or non-performance of the foregoing or any of these entitles the Council to cancel any agreement then existing between me/us and to recover from me/us the amount of any loss sustained by users in consequence thereof; Signed:………………………………………………………………………….…………………… Full Name:…………………………………………………………………………………………… Position Held: Duly authorised to sign for and on behalf of …………………………………………………. ………………………………………. Company Name:…………………………..….... Address:…………………………………………… Company Stamp: ……………………………………………………… Tel No: ………………………… ………………… Fax No:……….…………………………………… Mobile No:………………………………………… Date: E-Mail:……………………………………………… ASH - telemarketing project FINAL version (2).doc Page - 37 -of 44
  • 37. INVITATION TO TENDER 8. Section Eight – Certificate against Canvassing Tender for ACTION ON SMOKING AND HEALTH – TELEMARKETING SERVICE To: OLDHAM METROPOLITAN BOROUGH COUNCIL WE CERTIFY THAT: We have not canvassed or solicited any Member, Officer or employee of Oldham Metropolitan Borough Council, in connection with the award of this Tender or any other Tender or proposed award of the Tender for the supply of Goods or Services and that to the best of our knowledge and belief nor has any person employed by us or acting on our behalf done any such act. We further hereby undertake that we will not in the future canvass or solicit any Member, Officer or employee of Oldham Metropolitan Borough Council, in connection with this Tender or any other Tender or proposed Tender for the supply of Goods or Services and that no person employed by us or acting on our behalf will do any such act. IN THIS CERTIFICATE ‘Person’ includes any person or any body or association. ‘Any canvassing or soliciting’ includes any direct or indirect canvassing or any attempts to obtain information by any means. Signed:………………………………………………………………………….…………………… Full Name:…………………………………………………………………………………………… Position Held: Duly authorised to sign for and on behalf of …………………………………………………. ………………………………………. Company Name:…………………………..….... Address:…………………………………………… Company Stamp: ……………………………………………………… Tel No: ………………………… ………………… Fax No:……….…………………………………… Mobile No:………………………………………… Date: E-Mail:……………………………………………… ASH - telemarketing project FINAL version (2).doc Page - 38 -of 44
  • 38. INVITATION TO TENDER 9. Section Nine – Non-Collusive Tendering Certificate Tender for ACTION ON SMOKING AND HEALTH – TELEMARKETING SERVICE To: OLDHAM METROPOLITAN BOROUGH COUNCIL In recognition of the principle that the essence of tendering is that Oldham Metropolitan Borough Council shall receive bona fide competitive tenders from all those tendering. WE CERTIFY THAT: The tender submitted herewith is a bona fide tender that is intended to be competitive. We have not fixed or adjusted the amount of the tender under or in accordance with any agreement or arrangement with any other person. We have not done and we undertake that we will not do at any time before the hour specified for the return of the tender any of the following acts: • communicate to a person other than the person calling for this tender the amount or approximate amount of the proposed tender (except where the disclosure, in confidence, of the approximate amount of the tender was essential to obtain insurance premium quotations required for the preparation of the tender); • enter into any agreement with any person that they shall refrain from tendering or as to the amount of any tender to be submitted and; • offer to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender any act or thing of the sort described above. IN THIS CERTIFICATE ‘Person’ includes any person or any body or association. ‘Any agreement or arrangement’ includes any transaction of the sort described above, formal or informal and whether legally binding or not. Signed:………………………………………………………………………….…………………… Full Name:…………………………………………………………………………………………… Position Held: Duly authorised to sign for and on behalf of …………………………………………………. ………………………………………. Company Name:…………………………..….... Address:…………………………………………… Company Stamp: ……………………………………………………… Tel No: ………………………… ………………… Fax No:……….…………………………………… Mobile No:………………………………………… Date: E-Mail:……………………………………………… ASH - telemarketing project FINAL version (2).doc Page - 39 -of 44
  • 39. INVITATION TO TENDER 10. Section Ten - Conditions of Contract Please see attached ‘Conditions of Service’. In addition, quarterly monitoring and returns are required examples of such can be viewed on the website www.oldhamndc.org.uk these will be agreed in advance of contract being awarded. ASH - telemarketing project FINAL version (2).doc Page - 40 -of 44
  • 40. INVITATION TO TENDER 11. Appendix One 11.1 Regulation 23 of the Public Contracts Regulations 2006 (SI 2006 no. 5) Criteria for the rejection of economic operators 23. (1) Subject to paragraph (2), a contracting authority shall treat as ineligible and shall not select an economic operator in accordance with these Regulations if the contracting authority has actual knowledge that the economic operator or its directors or any other person who has powers of representation, decision or control of the economic operator has been convicted of any of the following offences— (a) conspiracy within the meaning of section 1 of the Criminal Law Act 1977[26] where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA[27]; (b) corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889[28] or section 1 of the Prevention of Corruption Act 1906[29]; (c) the offence of bribery; (d) fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of— (i) the offence of cheating the Revenue; (ii) the offence of conspiracy to defraud; (iii) fraud or theft within the meaning of the Theft Act 1968[30] and the Theft Act 1978[31]; (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985[32]; (v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979[33] and the Value Added Tax Act 1994[34]; (vi) an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993[35]; or (vii) destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968; (e) money laundering within the meaning of the Money Laundering Regulations 2003[36]; or (f) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State. (2) In any case where an economic operator or its directors or any other person who has powers of representation, decision or control has been convicted of an offence described in paragraph (1), a contracting authority may disregard the prohibition described there if it is satisfied that there are overriding requirements in the general interest which justify doing so in relation to that economic operator. ASH - telemarketing project FINAL version (2).doc Page - 41 -of 44
  • 41. INVITATION TO TENDER (3) A contracting authority may apply to the relevant competent authority to obtain further information regarding the economic operator and in particular details of convictions of the offences listed in paragraph (1) if it considers it needs such information to decide on any exclusion referred to in that paragraph. (4) A contracting authority may treat an economic operator as ineligible or decide not to select an economic operator in accordance with these Regulations on one or more of the following grounds, namely that the economic operator— (a) being an individual is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986[37], or article 242 of the Insolvency (Northern Ireland) Order 1989[38], or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state; (b) being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate; (c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002[39] has passed a resolution or is the subject of an order by the court for the company's winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company's business or any part thereof or is the subject of the above procedures or is the subject of similar procedures under the law of any other state; (d) has been convicted of a criminal offence relating to the conduct of his business or profession; (e) has committed an act of grave misconduct in the course of his business or profession; (f) has not fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established; (g) has not fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established; (h) is guilty of serious misrepresentation in providing any information required of him under this regulation; (i) in relation to procedures for the award of a public services contract, is not licensed in the relevant State in which he is established or is not a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member; or (j) subject to paragraphs (7), (8) and (9), is not registered on the professional or trade register of the relevant State specified in Schedule 6 in which he is established under conditions laid down by that State. ASH - telemarketing project FINAL version (2).doc Page - 42 -of 44
  • 42. INVITATION TO TENDER (5) The contracting authority may require an economic operator to provide such information as it considers it needs to make the evaluation in accordance with paragraphs (1) and (4) except that it shall accept as conclusive evidence that an economic operator does not fall within the grounds specified in paragraphs (1) and (4)(a), (b), (c), (d), (f) or (g) if that economic operator provides to the contracting authority— (a) in relation to the grounds specified in paragraphs (1) and (4)(a), (b), (c) or (d)— (i) an extract from the judicial record; or (ii) in a relevant State which does not maintain such a judicial record, a document issued by the relevant judicial or administrative authority; (b) in relation to the grounds specified in paragraphs (4)(f) or (g), a certificate issued by the relevant competent authority; and (c) in a relevant State where the documentary evidence specified in paragraphs (5)(a) and (b) is not issued in relation to one of the grounds specified in paragraphs (1),(4)(a), (b), (c), (d), (f) or (g), a declaration on oath made by the economic operator before the relevant judicial, administrative or competent authority or a relevant notary public or Commissioner for oaths. (6) In this regulation, "relevant" in relation to a judicial, administrative or competent authority, notary public or Commissioner for oaths means an authority designated by, or a notary public or Commissioner for oaths in the relevant State in which the economic operator is established. (7) An economic operator established in the United Kingdom or Ireland shall be treated as registered on the professional or trade register for the purposes of paragraph (4)(j) if the economic operator — (a) is established in Ireland and is certified as registered with the Registrar of Friendly Societies; or (b) is established in either State and is either — (i) certified as incorporated by their respective Registrar of Companies; or (ii) is certified as having declared on oath that it is carrying on business in the trade in question in the State in which it is established at a specific place of business and under a specific trading name. (8) In relation to procedures for the award of a public services contract, an economic operator established in Greece shall be treated as registered on the professional or trade register for the purposes of paragraph (4)(j)— (a) when the services to be provided under the contract are specified in category 8 of Schedule 3 and when Greek legislation requires persons who provide those services to be registered on the professional register, if it is registered on that register; and (b) in any other case, in accordance with paragraph (9). (9) An economic operator established in a relevant State, other than the United Kingdom or Ireland, which either has an equivalent professional or trade register which is not listed in Schedule 6 or which does not have an equivalent professional or trade register shall be treated as registered on a professional or trade register for the purposes of paragraph (4)(j) on production of either a certificate that he is registered on the equivalent professional or trade register or where no such register exists, a declaration on oath, or in a relevant State which does not provide for a declaration ASH - telemarketing project FINAL version (2).doc Page - 43 -of 44
  • 43. INVITATION TO TENDER on oath a solemn declaration, made by the economic operator before the relevant judicial, administrative or competent authority or a relevant notary public or Commissioner for oaths, that he exercises the particular profession or trade. ASH - telemarketing project FINAL version (2).doc Page - 44 -of 44