clackmannanshire · web view12.22 data protection act & environmental information regulations...

Invitation to Tender for

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To arrive no later than:

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TO BE COMPLETED BY ALL TENDERERSOrganisation:Contact:Department:Address:Town:Postal Code:Country:Telephone: +44 Fax: +44Email Address:

Contract ValueOver the lifetime of the contract

TO BE COMPLETED BY ALL TENDERERS

£

ITT Goods and Services September 2018

SECTION 1: INTRODUCTION AND CONTACT DETAILS................................................................3SECTION 2: CONTACT DETAILS.....................................................................................................4SECTION 3: PROCUREMENT TIMETABLE.....................................................................................4SECTION 4: INSTRUCTIONS FOR SUBMISSION OF TENDER.....................................................5SECTION 5: EVALUATION OF TENDER........................................................................................12SECTION 6: SPECIFICATION.........................................................................................................22SECTION 7: METHOD STATEMENTS...........................................................................................23SECTION 8: PRICING SCHEDULE.................................................................................................28SECTION 9: CERTIFICATE OF NON CANVASSING AND NON COLLUSION..............................29SECTION 10: FORM OF TENDER..................................................................................................30SECTION 11: DECLARATION CERTIFICATE................................................................................31SECTION 12: IMPORTANT INFORMATION TO CANDIDATES....................................................32SECTION 13: DECLARATION OF NON-INVOLVEMENT IN SERIOUS ORGANISED CRIME.....36

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SECTION 1: INTRODUCTION AND CONTACT DETAILS

1.1 Your organisation, along with others, are invited to submit a tender for Error: Reference source not found referenced Error: Reference source not foundError: Reference source not foundError: Reference source not foundError: Reference source not found .

1.2 The deadline for submission of tenders is Error: Reference source not found @12:00 Noon

1.3 The information and instructions provided in this Invitation to Tender are designed to ensure that all tenders are given equal and fair consideration. If you have any doubts as to what is required, or you have difficulty in providing the information, please contact the person named below.

1.4 Please check that you have received all of the information listed in the ‘Contents’. If any of the information is missing, you should notify the named contact, below, immediately.

1.5 If you have any queries relating to the tender documentation, or would like to request further information, please contact the person named below.though the Public Contracts Scotland Advertising Portal http://www.publiccontractsscotland.gov.uk/

The Online Questions & Answers facility allows suppliers to submit queries online for tender procedures that are advertised on the website. Purchasers can then manage and respond to clarifications online and circulate questions and answers to all suppliers on the interest list.

Clackmannanshire Council use this function to handle questions and clarifications during a tender procedure. Rather than handling queries via email or telephone, all questions can be submitted and responded to online and stored along with other notice details for easy reference.

Suppliers are asked to use the online Q&A facility when this option has been activated by the Council, rather than submitting the query by email for example. After recording an interest in a specific notice, suppliers will be able to ask a question electronically and receive an automatic response when the query is answered.

1.6 [Tenderers will also have the opportunity to attend a clarification meeting with the Council to take place on [insert date]. At this meeting, Tenderers will be able to meet with the Council to discuss their approach to the requirements and to clarify any queries on the tender documentation. The clarification meetings will take place at [insert address] on [insert time and date] – Delete as appropriate]

1.7 [You should note that any issues raised at the meeting that are not commercially confidential will be shared with the other Tenderers and the Council’s answers to any written queries may also be circulated to all Tenderers. Delete as appropriate]

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SECTION 2: CONTACT DETAILS

Name

Position

Service

SECTION 3: PROCUREMENT TIMETABLE

The intended timetable for this procurement is:

TimetableExpected issue of Invitation to Tender (ITT)Expected date for Return of Tender Documents (ITT) 40 Days Error: Reference source not

found @12:00 NoonExpected Evaluation of ITT - Week CommencingExpected Intent to award decision (if applicable only EU)Expected Standstill period (if applicable only EU) 15 days Error: Reference source not

foundError: Reference source not found

Anticipated completion date for debrief/feedback sessionsExpected Award decisionContract Commencement Error: Reference source not

foundContract Extension (if applicable) Error: Reference source not

found Contract End (including any extensions) Error: Reference source not

found

Please note:

The Council reserves the right to cancel the tender process at any point. The Council 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.

In the event that proceedings are brought against Clackmannanshire Council the Council reserve the right to suspend the contract until such time as the proceedings are finally determined or to terminate the contract on immediate written notice to the Service Provider without any penalty or damages due to the Council.

Candidates are deemed to understand fully the processes that the Council is required to follow under relevant European and UK legislation, particularly in relation to Public Contracts (Scotland) Regulations 2015, Procurement (Scotland) Regulations 2016 and the Procurement Reform (Scotland) Act 2014. Where Concessions and Utilities are required the Concession Contracts

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(Scotland) Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016 may also apply.

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SECTION 4: INSTRUCTIONS FOR SUBMISSION OF TENDER

The following Instructions are designed to give you assistance with the completion of your tender.

Please ensure that you submit your tender in accordance with these instructions. It is important that you provide all the information asked for in the format and order specified. If you do not, it could invalidate your tender.

4.1 General Information

How you prepare and present your tender proposal can be a crucial factor in securing a contract. The following points may help you to understand what can turn a tender into a winning tender:

4.1.1 Read ALL the Instructions and Information included within the Invitation to Tender; preparation is the key, so understand fully what is being asked of you.

4.1.2 Respond in the required format. You must not alter the format of any of the documents. If the space on the form is insufficient, attach additional sheets but please follow a similar format. Mark any additional sheets with your organisation name and the question number.

4.1.3 Please provide as full a response to the requirements as possible. It is your only chance to give solutions rather than create more questions. Answer the questions but be concise and do not make us search too hard to find answers.

4.1.4 Don’t use your tender as a vehicle to issue glossy but meaningless brochures about your organisation – only include them if they are relevant.

4.1.5 Be upfront – we will be as honest about our requirements as possible. In return, we look for honest tenders with no hidden costs or exclusions.

4.1.6 Be aware of the deadline for return of your tender and plan ahead to ensure that you meet it; tenders submitted once the deadline has passed will not be accepted.

4.1.7 Make sure that your tender is completed legibly, in ink or typed, in English, with all prices in Sterling (exclusive of VAT), and is signed and dated.

4.1.8 Please ensure that where information is to be sought from third parties – for example, references, guarantees etc. – such requests can be dealt with speedily and at no cost to the Council. You may wish to contact referees for their agreement to provide a reference prior to putting their details in your tender.

4.1.9 You must notify the Council, in writing, of any change in the information submitted in the response at any time during the tender process.

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4.2 Submission of Tender

4.2.1 Prospective tenderers shall ensure that they are fully familiar with the nature and extent of the obligations to be accepted by them if their tenders are accepted, including the Authority’s Contract Standing Orders, a copy of which can be found on the council website http://www.clacksweb.org.uk/

4.2.2. Should any prospective tenderers be in doubt as to the interpretation of any part of the contract documents, the Authority’s Contract Responsible Officer or nominated officer shall endeavour to answer written enquiries before tenders being returned.

All clarification questions must be submitted through the National Advertising Portal - Public Contracts Scotland http://www.publiccontractsscotland.gov.uk/ If the request is reasonable, You must ensure that any queries are made no later than 7 days before the deadline for tender submission. Reasonable means that it is of legitimate value to the Tenderer seeking it, and that it would not be disproportionately laborious to produce. Answers will be made available to all those expressing an interest to tender in the national advertising portal - Public Contracts Scotland

4.2.3 All information supplied by the Authority in connection with this invitation to tender shall be treated as confidential by prospective 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. Additional information issued will be circulated to all tenderers

4.2.4 The Council in its absolute discretion may reject a Tender if;

Tenders received after Error: Reference source not found @12:00 Noon will NOT be considered.

All or part of the Tender Documents are reproduced for submission in a different format from that provided by the Council,

The Tender is qualified and the qualification materially affects the operation of the Contract or the balance of risk between the parties,

The Tender contains a financial section which is incomplete,

The Tenderer makes or attempts to make any variation or alteration to the terms of the Management Agreement or the Specification except where the variation or alteration is expressly permitted therein.

If the Tenderer is guilty of a serious misrepresentation in supplying any information requested in this document.

4.2.5 The following factors may also reject a tender if through the evaluation process:

Fail in Exclusion Grounds European Single Procurement Document Scotland ESPD (Scotland)

For restricted contracts only - Selection criteria score that places your submission 6th place or above

Award Criteria score below (60%) is obtained

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Affordability Criteria: the price submitted is more than the estimated maximum annual contract value

Any tender that is found to be an abnormally low that is uneconomic and unsustainable

A score of 2 or less is awarded in respect of any of the quality method statements.

4.2.6 Tenders must remain open for acceptance for a period of 120 days from the return date

4.2.7 Your submission MUST be made via the tender post box online submission facility contained within The Public Contracts Scotland Site http://www.publiccontractsscotland.gov.uk/ which allows the Council to receive tender responses from suppliers electronically in a secure environment.

Tender responses are submitted through the portal and held in the secure Post box until the deadline for responses has expired. Nominated members of the authority then unlock the Post box to access the submissions.

Submissions can be created, edited and submitted up to the stated tender deadline. Once the deadline has passed submissions can neither be created, edited or submitted. It is not advisable for suppliers to wait until the last moment before creating and dispatching a response in case of any last minute problems.

Electronic copies on must be compatible with MS Office / Excel.

Tenders by mail, email, fax or verbal will NOT be accepted

4.2.8 Tenderers should note that in accordance with Public Contracts (Scotland) Regulations 2015, Procurement (Scotland) Regulations 2016 and the Procurement Reform (Scotland) Act 2014, the Council is obliged to publish the contract value and name of the successful Contractor.

4.2.9 The Council reserves the right to vary any aspect of the Contract where returned Tenders exceed budgetary resources.

4.2.10 All quantities if stated are estimated and are given for guidance only and do not constitute a commitment on the part of the authority.

4.2.11 Tenders should be fully priced to include all necessary actions or procedures relating to Health and Safety, as required by the Health and Safety at Work Act and associated Acts and Regulations

4.2.12 The Council requires that all contractors, their employees and where applicable, sub-contractors shall, while working for the Council, conform with all requirements of the Health and Safety at Work Act 1974 and with all other Health and Safety associated Acts and Regulations that relate generally or specifically, to their trade, business or undertaking.

Contractors who fail to comply with Health and Safety legislation, including CDM Regulations where applicable, may be excluded from future opportunities of working for the Council.

4.2.13 Delete if not appropriate [The Terms of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) might apply in the event of this Contract being awarded to a Tenderer other than the current service provider. Each Tenderer must satisfy himself as to whether or not in his view the TUPE regulations will apply and Tenderers are

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advised to seek independent professional advice on the consequences for them if they are the successful Tenderer and the TUPE regulations are held to be applicable

Where applicable, Tenderers shall clearly indicate whether TUPE has been considered in pricing their Tender.]

4.2.14 Delete if not appropriate [A Performance Bond in the form attached in this notice may be required in relation to the Contract at the Council’s sole discretion. Tenderers are therefore required to identify separately the cost relating to provision of the Performance Bond in the Pricing Documents where indicated.]

4.2.15 Delete if not appropriate [A Parent Company Indemnity in the form attached in this notice

shall be required in the event that the successful Tenderer is a subsidiary company. Tenderers who are subsidiary companies are therefore required to complete and return with their Tenders a Parent Company Indemnity Undertaking in the form provided]

4.3 Consortium Bids

4.3.1 If you intend to form a partnership or consortium in order to deliver this contract, you must identify: a) The lead organisation; or, b) A legal entity,

to take responsibility for the tender and the eventual contractual arrangements.

4.3.2 If applying on behalf of a consortium, please list the names and addresses of all other members of the consortium. Please note that the tender will be evaluated based on the details supplied in the tender submission.

Contracts will normally be entered into with the nominated lead organisation and all members of the consortium, who will in these circumstances each be required to execute the contract together with all ancillary documentation, evidencing their joint and several liability in respect of the obligations and liabilities of the contract. It will be for members of the consortium to sort out their respective duties and liabilities amongst each other. For administrative purposes, any associated documentation will be sent to the nominated lead organisation.

If a consortium is awarded this contract, the members of the consortium will be required to form a single legal entity before entering into, or as a term of the contract.

4.3.3 If sub-contractors are proposed to assist in the delivery of the service, please list the business names and addresses.

4.4 Freedom of Information

4.4.1 The Freedom of Information (Scotland) Act 2002, which came into force on 1 January 2005, designates CLACKMANNANSHIRE COUNCIL as a Scottish public authority and therefore subject to the provisions and obligations in that Act. This means that from 1 January 2005, any person who makes a valid request for recorded information held by CLACKMANNANSHIRE COUNCIL will be entitled to receive it, unless all or part of that information can be withheld as a result of the exemptions in that Act.

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4.4.2 As part of our responsibility under the Act, CLACKMANNANSHIRE COUNCIL may be required to disclose any information held relating to your response to anyone who makes a request under that Act. Such information may only be withheld if it meets one or more of the exemptions or conditions in that Act. Information held cannot simply be classified as “confidential" or "commercial in confidence" to enable it to be protected from disclosure. The 'Restricted - Commercial' header in these documents is part of CLACKMANNANSHIRE COUNCIL internal file protective marking system which provides guidance for staff on the handling and storage of such documents, and is not an indication that the information will be protected from disclosure in response to a valid request.

4.4.3 The Provider shall (and shall ensure that any of its Employees involved in the provision of the Services) comply with any requirements under the Data Protection Act (DPA) Including the General Data Protection Regulation (GDPR) upon its commencement in May 2018.

4.4.4 Contracts currently subject to the Data Protection Act 1998 will likely also be subject to GDPR. This means that the Council must ensure that current and future procurement exercises (including contracts entered into before the legislation comes into force) are compliant with GDPR and all relevant procurement documents make reference to the new legislation.

4.4.5. The Council have noted the requirement to set out, in each contract involving the processing of personal data with suppliers, details of the nature, scope and duration of any data processing with any third party data processors.

SCHEDULE (DATA PROTECTION)

Data Processing provision as required by Article 28(3) GDPR.

This Schedule includes certain details of the Processing of Personal Data in connection with the supply of Goods or Services under this Contract: Please also refer to the terms and conditions attached to this contract.

Subject matter and duration of the Processing of Personal Data

insert description here

The nature and purpose of the Processing of Personal Data

Include description here

The type of Personal Data to be Processed

Include list of data types here

The categories of Data Subject to whom Personal Data relates

Include categories of data subjects here

The obligations and rights of the Purchaser

The obligations and rights of the Purchaser as the Data Controller are set out in Condition 28 of the terms and conditions attached to the notice.

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4.5 Method Statement

4.5.1 The Method Statement is your response to the Council’s specification, and should set out how you will meet all of the requirements set out in the Specification. Your Method Statement is the formal offer to the Council and will form part of the contract between us.

4.5.2 The purpose of the Method Statement is to allow us to evaluate your understanding of our requirements and the quality of your proposals for meeting them. To help us evaluate your Method Statement, we ask you to present the information as requested in the Specification.

4.5.3 If more than one organisation will be involved in the delivery of the contract (for example, through a consortia arrangement), full details should be provided of how the arrangements will operate to meet the Council’s requirements.

4.6 Contract Price & Payment

4.6.1 You must calculate the full costs of providing the service, works or goods for which you are tendering, including both the direct and non-direct costs

4.6.2 Payment will normally be made within 30 days of the Council registering a valid invoice. The Council’s method of payment is via BACS. Bidders should refer to the specific contract conditions and requirements in respect of

4.7 Contract Award & Conditions

4.7.1 You will be notified in writing if you are the successful tenderer. We will ask you to sign a written contract, which will include our standard Conditions of Contract (including all contract schedule(s)) together with the Pricing Schedule and Method Statement. Without a contract signed by both parties being in place, there will be no binding agreement between us.

4.7.2 The contract will be awarded on the following terms and Conditions set out below and subject to the schedule of amendments attached to the Contract Notice.

The selected terms and conditions will form the basis of any written signed contract between us, and will take precedence over any other conditions that you may propose.

No variation, replacement, alternative or substitute terms and conditions shall apply to the contract unless such terms are subscribed by the Clackmannanshire Council Procurement Manager.

This will be in accordance with section 3 of the Requirements of Writing (Scotland) Act 1995 and any attempt by the supplier to impose any alternative conditions (including the imposition of any clause superseding or constituting an entire agreement clause) shall be null and void and shall not be binding on the Council.

Terms and Conditions (select as appropriate)Clackmannanshire Council Terms and Conditions - Purchase of GoodsClackmannanshire Council Terms and Conditions - Purchase of ServicesClackmannanshire Council Terms and Conditions - Purchase of Consultancy Services

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Clackmannanshire Council Terms and Conditions - Purchase of IT Goods & Services

Acceptance of the terms and Conditions Delete as appropriate

Do You accept the terms and Conditions of Contract as noted above?Please note that selecting NO as a response may result in your offer not being considered.

Yes / No

4.8 Incurred Expenses

4.8.1 The Council shall not be responsible for any expenses that you may incur in any aspect of the tendering process.

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SECTION 5: EVALUATION OF TENDER

5.1 Tender Evaluation

5.1.1 The distinction between selection and award criteria is crucially important. Selection criteria are focused on "the bidder" and award criteria are focused on "the bid”.

5.1.2 The Council will evaluate the tenders it receives based on the most economically advantageous tender (a balance of quality and price) to the Council. We are not bound to accept the cheapest, or any tender, and will award contracts based on the most economically advantageous tender to the Council.

5.2 Selection Criteria

5.2.1 As part of the tender process, candidates will be required to submit the European Single Procurement Document (Scotland) or ESPD (Scotland)

5.2.2 The Council will use the electronic version of the ESPD (Scotland) which is incorporated into Public Contracts Scotland (PCS) for all regulated procurement exercises selection stage questions.

The Council can issue selection stage questions either in advance of an ITT, as part of a two-stage process, or within an ITT document, a one-stage process. This is to allow the Council to identify suitably qualified and experienced bidders, and to ensure consistency in their approach to selection.

The selection criteria shall be proportionate to the value of the purchase, its sensitivity, estimated risks, and the complexity of the requirement.

5.2.3 The electronic version of the ESPD (Scotland) is known as the online ESPD (Scotland) module on PCS.

The online ESPD (Scotland) module on PCS will allow you to complete the selected exclusion and selection criteria required for your submission from pre-populated lists and include additional information where required.

This change means that all ESPD information will be held in this self-contained on-line ESPD (Scotland) module, and therefore minimum requirements, exclusion and selection criteria information do not need to be added to the Contract Notice and cross-referenced to an ESPD (Scotland) question.

5.2.4 For Social Service and Information Technology Contracts you are required to submit additional information as part of this tender.

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Social Care (Optional Questions)

You may have already given details of any existing or previous services which you have provided that are comparable or similar to requirement In addition please provide the following detail for each of the services mentioned in the above question: Social Care & Social Work Improvement Scotland (care inspectorate) or equivalent: in your response please provide Registration Number: Registration Category: Quality Grade: registration date: Date of last Inspection.You may also upload any supporting evidence/documents for this question with your ADDITIONAL INFORMATION response.Has care inspectorate, its predecessors or equivalents, ever issued an imposition of improvement notice and/or cancelled registration of any services you or your organisation has provided?

Yes

No

If you have answered Yes to question the question above please provide details.Has the care inspectorate, its predecessors or equivalents, ever imposed conditions for registration in respect of any social care service you or your organisation has provided?

Yes

No

If you have answered ‘Yes’ to the question above please provide details.Please outline the skills, abilities and experience of the management team and staff of the organisation, which provide residential placements. Please provide relevant job/person specifications as part of your submission. You may also upload any supporting evidence/documents for this question with your ADDITIONAL INFORMATION response.Please advise of your organisations policy with regard to carrying out its duties under Protecting Vulnerable Groups Scheme (PVG Scheme), its predecessors or equivalent.

You may also upload any supporting evidence/documents for this question with your ADDITIONAL INFORMATION response.

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Please provide details of your training policy and procedures specifically with regard to ongoing staff training and development.

IT Goods and Services (Optional Questions)

Please outline the potential supplier’s strategy for and approach to technical training for those currently involved in the provision of services similar to those required by the Contracting AuthorityPlease provide details of the potential supplier’s end to end service management approach and processes utilised in the provision of services similar to those required by the Contracting Authority. Please also describe the maturity of the processes used (highlighting any benchmarking that has been undertaken to support such statements), the levels of process automation utilised and the extent to which your processes are considered seamless and repeatable. (800 words or fewer)The Supplier is required to provide a mechanism for the management, retention, safe storage, retrieval and disposal as required of original media including backups in compliance with the Data Protection Act and any retention schedules.You should include your ICO Registration number currently available at http://www.ico.gov.uk/esdwebpages/search.aspInclude details of procedures which you require your staff to adhere to.Please also complete the GDPR Supplier checklistPlease identify your technical ICT environment, including versions Clackmannanshire Council operate an IT infrastructure which requires the solution to have been fully tested with:Citrix XenApp 5.Xrunning on Windows Terminal Server 2003/2008/2012 R2 64BitPlease confirm that your client will operate in this technical environment without any issues

Yes

No

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http://www.ico.gov.uk/esdwebpages/search.asp

http://www.ico.gov.uk/esdwebpages/search.asp

Clackmannanshire Council requires the solution to be based on either of the following database platforms: Oracle 10G/11 Microsoft SQL Server 2005/2008 Please confirm which software platforms your database operates

Yes

No

Mobile DevicesAll government organisations are advised only to transmit IL1&2 information over 3G networks (Cross Government Actions: Mandatory Minimum Measures) please state whether your system will transmit confidential (IL3) information to mobile devices using wireless networks.

Yes

No

Do you use SSL encryption, what strength is it 128/256/1024/2048bit? Any information stored on client devices (offline) must be encrypted to at least fips140.2. Please confirm this the case in the space below.

Yes

No

Are there any additional costs for an APN (mobile phone private network) to secure transmitted data, or do you provide vpn software for all mobile devices? Please provide details of either the APN or VPN software.State the options for remote management of mobile devices incorporated in the solution, including:• Asset tracking• Remote support• Remote device backup• Software updates• Password reset• Device reset Describe what functions of the system are supported within the mobile solution. e.g. Repairs, Asset Management

State the options for remote management of mobile devices incorporated in the solution

Provide an overview of the proposed device including:1 Manufacturer / Model2 Weight3 Battery life4 Version of Operating System5 Touch screen?6 Expansion capabilities (eg memory)7 Inclusion of Built-in camera8 Waterproofing 9 Radio WiFi & 3G

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Clackmannanshire Council restricts the use of the internet on mobile devices to safeguard against devices being compromised and also reducing the risk of malware, viruses etc. All client devices such a laptops, netbooks, tablets are loaded with Symantec Endpoint Protection, firewall, antivirus, and device management. Please provide details of the restrictions/protection loaded on any devices you may provide. Details of the hardware and software products incorporated within the solutionExplain how connectivity between mobile devices and back office systems is achieved? Can a data cable be used to update the system from the device (e.g. USB cable)?What security features are incorporated in the solution(s)?In the space below, please detail any additional features which could be of benefit to Clackmannanshire Council.The proposed solution is required to provide separate DEVELOPMENT, TEST and LIVE environments that are accessible from any networked workstation. In the space below, please indicate your separate hardware and license requirements to support these environments? If common hardware is used for more than one environment please state this or specify additional hardware as required. Is it clear to the end user that they are in different environments?Is the device capable of maintaining connection states whilst in “sleep” periods?

Yes

No Identify what, if any, data is held on the device and the options for its recovery. Explain how remote deletion would be achieved.Describe how the proposed solution would deal with the event of loss or theft of the device.Are these mobile devices provided in the tender, if so are they insured against loss/damage? (Please note that currently the best mobile data coverage is provided by EE)

Yes

No

Where data is transferred over non-Council networks, the data and connection must be encrypted, describe

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how the solution would achieve this.Describe the data encryption used when data is stored on the device.State the authentication method used giving justification for the chosen methodCan the device be tracked when out of the office? Please state how this would be achieved.

Yes

No

CommentThere are number of high speed communications black spots within Clackmannanshire Council area.Please provide details of your performance testing to evidence your solutions capability to operate on 3G,4G, GPRS and zero connectivity situations.Should it not be possible to connect to an appropriate network, can information be stored on the device until a connection state is achieved?Provide details of the recommended, minimum and maximum number of users supported by the solution including anticipated impact on network traffic.State experience with the solution and include any assumptions that have been made in producing the proposed solution.Provide details of training provided for staff utilising the solution. Note you should specify end user training, management and IT Support, stating any prerequisites.Where managed services are proposed, please identify the options and infrastructure/pricing implications of:

• Fully in-house supported and deployed (i.e. no managed service)• Fully managed service including all customisations for Clackmannanshire Council. (please include a turnaround figures for faulty devices)• If offering a managed service solution please state whether any other mobile software that Clackmannanshire Council deploy can be loaded on to these devices.• Managed service of infrastructure located within Clackmannanshire Council premises to allow mobile devices to connect to the back office.• Managing the call and data

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Provide details of independent documentation supporting the proposed solution (i.e. Government Accreditation or compliance, Gartner reviews etc.)Please identify the implications of having in-house infrastructure with remote support provided by the supplier.Provide details of independent documentation supporting the proposed solution (i.e. Government Accreditation or compliance, Gartner reviews etc.)Confirm that your solution, as a minimum, can support the following functions: <<specify mobile functions here >>

Yes

No In order to gain remote access to Clackmannanshire Council systems the Corporate solution is Citrix Secure Access Gateway which is a Secure Socket Layer Virtual Private Network (SSL VPN) with a RSA software token allowing for two-factor authentication. Connection is only permitted from approved secure networks (industry standard penetration testing, patching, firewall, anti-virus and malware) and all equipment and networks must be owned by the tenderer, no connections are permitted from out with the UK. Please provide details of your patching, firewall, anti-virus and malware protection and the date of your last penetration test.The Authority supports Open Scotland Information Age Framework (OSIAF) Systems standards and requires any proposed solution to be fully open and must ensure a high degree of systems portability. Set out how your system conforms to Open System standards e.g. uses XML protocols to integrate systems, fully accessible through browser technology for both display and updates etc.

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5.3 Quality Award Criteria

5.3.1 The Quality award criteria identified relates directly to the goods or services to be provided and not focus on the characteristics of the individual suppliers. Each award criterion shall be clearly defined, so that there is a common understanding of what it means.

5.3.2 This criteria will ensure that responses from suppliers clearly address the most critical aspects of the specification and allow the evaluation panel to make a fair and equal comparison of the bids received.

5.3.3 The Quality Award criteria must ensure the possibility of effective competition and be accompanied by specifications that allow the information provided by the bidders to be verified during their award criteria assessment.

Delete this table before publishingSome examples of Quality Award criteria are given below: This is what should be in your Method StatementsQuality/Technical Merit - Is the product or service proposed fit for purpose? How well does it perform?

Design, functional characteristics and aesthetics - How should the product look and feel? How easy is it to use?

Community Benefits – Consideration of community benefit requirements required for contracts valued equal to or greater than £4M, recommended for use below this threshold.

Sustainable Procurement - e.g. social, economic and environmental considerations and fair work practices, see Statutory Guidance.Innovation, where appropriate - e.g. new or novel concept?

Maintenance, ongoing technical support or after sales service - What support is required and available?

Delivery or period of completion - the guaranteed turnaround time from order to delivery or provision of service

Labels – does the product or service you seek have specific social or environmental characteristics that would be verified by a label such as Fairtrade (please note that equivalent labels or other proof must also be accepted)?

Test reports and certification may be requested – note that equivalents from other member states must be accepted.

Where you may also evaluate the organisation, qualification and experience of staff where the quality of staff assigned can have a significant impact on the level of performance of the contract.

However, if you wish to consider such matters you must use the Online ESPD

document.doc 20

5.4 Award Price

5.4.1 The Price/financial evaluation criteria should include:

Whole Life Cost comparisons Quantifiable financial benefits arising from the technical evaluation (e.g.

speed, fuel or electricity consumption, coverage, shelf life etc) Fixed or variable pricing Cost of components, spare parts, consumables and servicing Price - The whole life cost including the initial purchase price, operating costs,

consumables and disposal costs. How cost effective will the goods/service prove to be?

Life Cycle Costing – this may be considered for use where additional environmental costs can be attributed to the products or services that you are purchasing such as the cost of carbon emissions from machinery being bought

5.5 Overall Award Criteria

Overall Evaluation Criteria WeightingQuality Award Criteria 70 %Award Price 30 %

5.5.1 Quality Award Criteria overall weighting is 70 %

Method Statemen

tDescription %

Weighting123456

Scores to equal 100 100

The scoring methodology provided below is used in conjunction with the evaluation matrix tailored to suit the specific requirements of the procurement exercise.

Scoring Methodology for Quality CriteriaNo. of Points Definition*

0 Response does not meet requirements and/or is unacceptable

1- 2 Response partially meets requirements but contains material weaknesses, issues or omissions, is poorly articulated and/or is inconsistent.

3-4 Response meets requirements to a minimum acceptable standard, however contains some weaknesses, issues or omissions. Lacking detail and/or clarity.

5-6 Fit for purpose. Good in many respects. No significant weaknesses, issues or omissions.

7-8Response meets requirements to a high standard. Robust, detailed, well articulated in all material respects. Minimal weaknesses, issues or omissions.

9-10Response meets requirements to an exceptional standard. Robust, detailed, well articulated in all material respects. Minimal weaknesses, issues or omissions. Evidence of real insight, creativity and flair.

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5.5.2 Award price Overall weighting is 30 %

Description - Section 1

Estimated Cost of Supply - [x] years

This is an estimated contract value over the lifetime of the contract and will be used for evaluation purposes only.

The actual cost of supply will be regulated by your submission.

£

5.5.3 The Council reserves the right to reject any tender that fails to comply fully with the requirement of the selection process outlined above, or that is guilty of a serious misrepresentation in supplying any information requested in this document.

5.4 Post-Tender Clarification

Please note that we may require clarification of the answers provided or ask for additional information but not on price alone,

We will not allow any post-tender negotiation to distort competition. It is important that you submit your best and final offer at the tender stage and do not rely on post-tender negotiation to revise your tender.

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SECTION 6: SPECIFICATION

Note to Buyers:- The Specification Should

State the requirement clearly and unambiguously in respect of performance, quality, quantity and timescales;

Contain enough information for potential tenderers to decide and cost the services they will offer;

Permit offers to be evaluated against defined criteria

By examination, trial, test or documentation;

Comply with any legal obligations;

Clearly state any time limits that apply e.g. Any key deadlines that need to be met;

Focus as much as possible on the outcomes required.]

Suggested headings:

1 introduction 2 specific requirements 3 contract management 4 performance information and targets 5 method statement 6 disclaimer

NB: The following Questions will change with each requirement and are only shown here for information purposes

**Please delete this note before issuing this Tender

NB: The following Questions will change with each requirement and are only shown here for information purposes.

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SECTION 7: METHOD STATEMENTS1

Note to Buyers:- The method statement is the bidder’s offer in response to the specification.

In this section, you need to detail exactly what information you require from bidders to enable you to evaluate the proposals and whether or not they meet your requirements.

It is important that you ask for information in a clear and logical order

that corresponds to the specification.

This will help bidders to respond to your requirements, and will help you to evaluate their offers.

**Please delete this note before issuing this Tender**

The responses to the method statements will be evaluated in accordance with the criteria set out at section 5.

Method Statement 1. Please DetailPercentage Weighting %Response:





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Community Benefits Method Statement

Method Statement 6. Please DetailPercentage Weighting 10 %Response:

An overall weighting of 10% are available for this section if used.

As part of Clackmannanshire Council's social and economic regeneration objectives the Council will require the successful contractor to agree to a contractual commitment as part of the delivery of the works and/or services. Candidates are required to complete the community benefit method statement detailed below.

This method statement will form part of the contract conditions and the successful candidate will require to enter into a legally binding agreement incorporating the method statement below. Prior to completing the method statement, all candidates are advised to make contact with the Council's Economic Development Section on 01259 452196 and to read the supplementary guidance note provided by the Council's Economic Development Section and included in the tender documentation.

Preliminary

Clackmannanshire Council is a local authority for the purposes of the Local Government in Scotland Act 2003 (the "2003 Act"). The 2003 Act requires that all local authorities achieve best value in exercise of their functions. The 2003 Act also empowers local authorities to promote and advance the well-being of its area and the persons within that area. In devising a community benefits scheme under its contracts, the Council is promoting a number of aims under its Single Outcome Agreement ("SOA") and accordingly views the requirement to provide "community benefits" as a core requirement to the delivery of this contract. As part of the "added value" element of this contract, the Council requires that these objectives are met at no additional cost.

Furthermore, the Council is permitted in terms of the Procurement Reform (Scotland) Act 2014 to include these terms as a condition of performance.

Two key principles within the SOA are attracting economic investment within Clackmannanshire and furthering the skills, education and training for people especially 16-24 year olds, however the full policy objectives are summarised within the SOA.

Community benefits may be viewed as a subset of the sustainable procurement duty. While the Act has a specific threshold at which community benefits must be considered, application of the sustainable procurement duty means that community benefits may be achieved below this threshold.

A community benefit requirement is a contractual requirement imposed by the Council (a) relating to— document.doc 25

(a)(i) training and recruitment, or (ii) the availability of sub-contracting opportunities, or

(b) which is otherwise intended to improve the economic, social or environmental wellbeing of the Council's area in a way additional to the main purpose of the contract in which the requirement is included.

In furtherance of the social and economic objectives of the SOA, the Council views the following key areas as core to both its functions and to the delivery of the contract:

(1) Targeted Recruitment & Training

The first aim of the SOA is to ensure that those leaving education establishments (including schools, colleges and higher education) are given the opportunity to develop skills to enable them to take up existing and new economic opportunities created by both public and private sector development.

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(2) Supply Chain & Sustainability

The second aim of the SOA is to ensure that Clackmannanshire becomes an attractive place for both existing businesses to invest and for new businesses to relocate. It is important that these businesses have the appropriate level of skilled staff not only to carry out their relevant trade and vocations, but also have the skills to be able to develop. This aim is closely linked to the TR&T objective set out above.

The Council has one of the highest levels of recycling rates in Scotland and is keen to ensure compliance with its duties and obligations under the Climate Change (Scotland) Act 2009.

In furtherance of this objective, it is viewed as both reasonable and appropriate that candidates detail how they propose to offer contract opportunities to SME's, develop SME's and deliver sustainable development through the contract. Given that this will cross over with candidates proposals for delivery of the proposed works, it shall be up to the candidate to determine what offer it wishes to make to the Council.

Further Information

In requiring community benefit to be delivered as part of the core contract requirements, the Council is mindful that such benefits should not detract the focus from its other obligations, including delivering value for money and complying with national and EU legislation. Accordingly, this section of the Invitation to Tender carries 10% of the available marks for the response.

The Council is keen that each candidate is given the opportunity to deliver the Council's community benefit outcomes, regardless of the size and location of the organisation. Candidates are strongly advised to contact the Council's Economic Development section in the first instance on 01259 452196 to obtain further information and details of funding packages that may be available to support the delivery of these objectives.

EXAMPLES OF COMMUNITY BENEFITS

Targeted Recruitment and Training - offering individuals and young people training, apprenticeships, jobs and work experience as part of a contract.

Supply Chain Initiatives - offering Small and Medium Enterprises and Voluntary Sector organisations opportunities to provide goods and/or services as part of a contract.

Social Enterprise - where a local social enterprise can either be established to service a contract, or an existing social enterprise be supported to deliver on part of a contract.

Community Consultation - giving the local community an opportunity to express an opinion and possibly influence the design and delivery of a project or service in an area.

Young Person Engagement - giving young people in the area an opportunity to engage in a project. The engagement can range from young people learning about a project to giving them the opportunity to

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shape and influence a project thus giving them more say in and connection to the future of their area.

Educational Support - giving school children an opportunity to learn about a project by providing educational presentations or arranging school visits.

Community Endowment Fund/Development Trust - where a financial sum may be made available to implement projects that the community considers to be a priority. This often ensures ownership, participation and support at a very local level.

Public Art Projects - a tangible project that a community can focus on and be involved in either as a standalone activity or part of a wider regeneration initiative.

Local Events - local ownership of a project or service. Physical Infrastructure - often delivered by the private sector as part of

a Section 75 agreement in relation to a planning consent. Examples would be infrastructure required to enable a new development to be implemented for example roads and footpath/cycleway improvements, schools and libraries and play areas and open space.

Local Sponsorship - private companies are often asked to sponsor organisations local to the area in which they are developing/delivering a service.

Mentoring - private sector suppliers can offer support, normally as part of their Corporate Responsibility activity, where they can offer support and guidance to local organisations and individuals

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SECTION 8: PRICING SCHEDULE

Provided that the Tender is substantially responsive, the Council shall correct arithmetical errors. If a tenderer does not accept the correction of errors, its Tender shall be declared non-responsive and; If in the opinion of the Council the Tender which results in the lowest Evaluated Tender Price, is seriously unbalanced or front loaded or substantially below the Council's estimates, the Council may require the tenderer to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the methods and schedule proposed.

After evaluation of the price analyses, taking into consideration the schedule of estimated Contract payments, the Council may require that the amount of the performance security be increased at the expense of the tenderer to a level sufficient to protect the Council against financial loss in the event of default of the successful tenderer under the Contract..

The Price will be the whole life cost including the initial purchase price, operating costs, consumables and disposal costs.

Example Price Criteria/ Cost of Ownership Acquisition/Initial Capital Expenditure PRICE OF GOODS / PROVISION OF SERVICE Material Labour/Hourly Rate Overheads Packaging Profit COMMISSIONING COSTS Delivery Installation Training Travel Section Total Owning/Operating/Recurrent Costs Maintenance Spares Energy/Fuel Consumption Upgrade Costs Consumables Section Total Annual Cost x No of yearsEnd of Life/Disposal/Exit Disposal/Exit Costs Less Residual Value Section Total

Total Price

Prices must be quoted in Pounds sterling, exclusive of VAT.

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SECTION 9: CERTIFICATE OF NON CANVASSING AND NON COLLUSION

Contract for the provision of Error: Reference source not found to Clackmannanshire Council


1. We certify that this is a bona fide tender, and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not done, and we undertake that we will not do, at any time before the tender return date any of the following acts:

a) communicate to any person, other than the person calling for this tender, the amount or approximate amount of the tender, except where the disclosure, in confidence, of the amount or approximate amount of the tender was necessary to obtain insurance premium quotations and where disclosure is made, in confidence, to professional advisors who reasonably require to be involved in the preparation of the tender;

b) enter into any agreement or arrangement with any other person that s/he shall refrain from tendering or as to the amount or for conditions of any tender to be submitted;

c) offer or pay or give or agree 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 or proposed tender for the Services any act or omission, and any act or omission in breach of the relevant provisions of the Bribery Act 2010 in relation to this tender;

d) cause or induce any person to enter into such agreement as is mentioned in paragraph (b) above or inform us of the amount of any rival tender.

2. We hereby undertake that we have not canvassed or solicited, nor will in the future canvass or solicit, any officer, member or employee or advisor of any participating authorities or any of their affiliates or subsidiaries in connection with this tender and that persons employed by us acting on our behalf have not and will not do any such act.

3. In this certificate, the word "person" includes any persons and any body or association, corporate or unincorporated; and any agreement or arrangement includes any such transaction, formal or informal, and whether legally binding or not.

Name: _______________________________________

Signature: _______________________________________

Organisation: _______________________________________

Date: _______________________________________

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SECTION 10: FORM OF TENDER

Contract for the provision of Error: Reference source not found to Clackmannanshire Council


To: Clackmannanshire Council,KilncraigsAlloa, FK10 1EB

We....................................................................................................................

carrying on business at....................................................................................

hereby tender in accordance with the Tender Documents to enter to into a [contract] with Clackmannanshire Council for the provision of [goods/services]

We agree the insertion by us of any conditions qualifying this tender shall not affect the Tender Documents and may cause the tender to be rejected. We confirm that we have not made any unauthorised alteration to the Tender Documents.

We agree that this tender shall remain open to be accepted and cannot be withdrawn for a period of One Hundred and Twenty Days from the tender return date.

We understand that you are not bound to accept the lowest or any tender you may receive.

We understand that the Framework may be entered into by one or both Councils.

Signature ...........................................................................

(Print name in full) ................................................................................

Designation ..................................................................................................

Duly authorised to sign tenders for and on behalf of ......................................................................................................(Name of Company)

Date .................................................................................................................

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SECTION 11: DECLARATION CERTIFICATE

Contract Title Error: Reference source not found

Reference Error: Reference source not found

Please Read And Sign The Section Below.

I/We certify that the information supplied is accurate to the best of my/our knowledge and that I/we accept the conditions and undertakings requested in the application.

I/We have inserted information in relation to the company named in this undertaking which is the company making the submission and not in relation to any Holding or Parent Company, Group or Subsidiary to which I/We belong.

I/We understand that false information could result in my/our exclusion from this, or any future tendering process and, exclusion from any other list of companies to be invited to tender by the Authority.

I/We also understand that it is a criminal offence, punishable by imprisonment, to give or offer any gift or consideration whatsoever as to inducement or reward to any servant of a public body and that any such action will empower the Authority to cancel any contract currently in force and may result in my/our exclusion from any future tendering process.

Signed

Name

Date

On Behalf of

Position

A Director or other Senior Representative must verify this questionnaire.Please note that the term “company” refers to: sole proprietor, partnership, incorporated company, co-operative as appropriate.

BEFORE RETURNING THIS QUESTIONNAIRE, PLEASE ENSURE THAT YOU HAVE: -

- Answered all questions appropriate to your application;- Attached relevant documents ensuring that all attachments are clearly marked with

the name of your company and the number of the question to which they refer;- Completed the undertaking above :- Submitted any additional information requested.

IF YOUR TENDER IS SUCCESSFUL, YOUR RESPONSE TO THIS QUESTIONNAIRE WILL BE INCORPORATED INTO THE CONTRACT AWARDED TO YOU.

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SECTION 12: IMPORTANT INFORMATION TO CANDIDATES

12.1 This invitation to tender has been published in order to comply with the duties incumbent on the Council under relevant European and UK procurement legislation,

Where the value of the products or services required by the Council fall below the relevant EU threshold, unless the contract notice is published in the Official Journal of the European Union, the Council has assessed that no cross border interest is or is likely to exist, therefore the above regulations do not apply to this procurement exercise.

12.2 The Council will assess all submissions objectively and in accordance with the criteria set out in the advertisement, however the selection of candidates and award of the contract is entirely within the Council's discretion. It is expressly declared that the Council are under no obligation to accept any tender, regardless of whether the submission is either the lowest price tendered or is the most economically advantageous tender.

12.3 Any reference to the Regulations or Acts are to ensure that the Council fulfils its statutory duty under the Local Government in Scotland Act 2003 (the "2003 Act") to achieve best value.

In applying the terms of the relevant European and UK legislation, particularly in relation to Public Contracts (Scotland) Regulations 2015, Procurement (Scotland) Regulations 2016 and the Procurement Reform (Scotland) Act 2014. Where Concessions and Utilities are required the Concession Contracts (Scotland) Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016 may also apply as principles for assessment of tenders, the Council is using a recognised consistent and fair approach to comply with its duties.

The Public Contracts (Scotland) Regulations 2015, Procurement (Scotland) Regulations 2016 and the Procurement Reform (Scotland) Act 2014. Where Concessions and Utilities are required the Concession Contracts (Scotland) Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016 do not constitute (either expressly or impliedly) a term of the contract or the procurement exercise save as prescribed for by law.

Furthermore, the fact that the Council has sought offers from candidates for the performance of the goods and/or services set out herein does not give rise to a contractual obligation on the Council (either expressly or impliedly) to consider the tenders in line with the published requirements or to award the contract to any candidate. Any decision to award a contract is at the Council's entire discretion, subject to any over-riding requirement of public law.

12.4 Whilst the Council has prepared this Invitation to Tender (ITT). The Council will not accept any responsibility or liability for advising any recipient of any changes or additions to the information contained in this ITT, or any other information relating to the project that comes to their attention.

12.5 Although every care has been taken in preparing the ITT, no representation, warranty or undertaking, expressed or implied is, or will be made, and no responsibility or liability will be accepted by the Council or by any of its officers, employees, servants, agents or advisers ("Connected Persons") as

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to the accuracy or completeness of the ITT or any other written or verbal information made available to any interested party or its advisers. Any liability, however arising, is expressly disclaimed.

12.6 Data provided by the Council to interested parties will be given in good faith but interested parties will have to make their own investigations and interpretation. No liability will be accepted by the Council for the accuracy or completeness of that data.

12.7 Neither the receipt of this ITT by any person, nor any information contained in it or distributed with it, or subsequently communicated to any interested party or its advisers is, or is to be taken as, constituting the giving of investment advice by the Council.

12.8 No information contained in this document or any other written or verbal information made available to any interested party or its advisers shall form the basis for any warranty, representation or term of any contract by the Council with any third party.

12.9 Nothing in this document is, or should be, relied on as a promise or representation as to the future. The Council reserves the right, without principle, to change the procedure for the project competition or any of the proposals or information in relation to the project.

12.10 The Council reserves the right to cancel the tender process at any point. The Council 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.

In the event that proceedings are brought against Clackmannanshire Council, the Council reserve the right to suspend the contract until such time as the proceedings are finally determined or to terminate the contract on immediate written notice to the Service Provider without any penalty or damages due to the Council.

By submitting a tender, candidates are deemed to understand fully the processes that the Council is required to follow under relevant European and UK legislation, particularly in relation the Public Contracts (Scotland) Regulations 2015, Procurement (Scotland) Regulations 2016 and the Procurement Reform (Scotland) Act 2014. Where Concessions and Utilities are required the Concession Contracts (Scotland) Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016.

12.11 This document is for use by candidate/s who are interested in providing the goods or services set out at section 5 of the ITT, their professional advisers and other parties essential to preparing responses to the ITT and for no other purpose.

12.12 The contents of this ITT, and that 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 Council 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.

12.13 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

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for any inaccuracy or incompleteness is therefore expressly disclaimed by the Council and its advisers.

12.14 The Council reserve the right to make revisions to this ITT. No additional time in relation to submission deadlines for the ITT will be granted, following notification of any such revision, unless the participants are expressly notified of any extension by Clackmannanshire Council.

12.15 The Council reserves the right to reject ITT's which are not submitted in accordance with the instructions given.

12.16 Freedom of Information Act

12.17 The Council must comply with Freedom of Information law. The law enables anyone to require us to disclose to them any information we hold, including information relating to contracts.

12.18 You may consider that some information you supply to us should not be disclosed to other people or organisations under Freedom of Information law. If you do, you must tell us.

The Council will take your representations into account in its decision whether or not to release the information requested, but the public interest may require that this information is released despite such representations.

12.19 Confidentiality

12.20 The information supplied by the Council in connection with this tender must be treated as confidential, however it may be disclosed for the purpose of obtaining quotations required for the preparation of the tender and for insurance purposes.

12.21 The information provided by tenderers in their submissions will be treated as confidential by the Council (for exceptions to this rule please refer to Freedom of Information).

12.22 Data Protection Act & Environmental Information Regulations

12.23 Clackmannanshire Council may publish the names and contact details of companies who have been issued with a tender on its website.Information may also be requested under the Data Protection Act 1998 and the Environmental Information (Scotland) Regulations 2004

The Environmental Information Regulations provide parallel access to documents regarding environmental information. All documents detailing environmental information are automatically exempt from disclosure under the Freedom of Information Act 2000, but will instead be disclosed under the EIR (Scotland) 2004, which has different rules for ‘commercial interest’ and ‘confidentiality’ exemptions as well as other applicable exemptions.

It will relate to information about the elements of the environment, factors likely to affect these elements, the measures likely to affect these elements and factors, reports and cost-benefit analyses relating to these measures, and the state of human health and safety arising out of these issues.

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Exemptions available allow for the protection of intellectual property rights, the protection of information volunteered without obligation and confidentiality of commercial and industrial information where confidentiality is provided by law to protect a legitimate economic interest.

12.24 Clackmannanshire Council will work with the Police, the Scottish Crime & Drug Enforcement Agency and any other body deemed appropriate in order to verify and validate the information provided.

Where misrepresentation of any type is discovered the supplier and their proposal will be excluded from any further consideration.

12.25 All contracts comprising an element of security industry service provision including sub contracts require those providing the service to be registered with the security industry authority's (SIA) approved contractor scheme for the category of service being provided. http://www.scotland.gov.uk/Resource/Doc/116601/0095263.pdf

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http://www.scotland.gov.uk/Resource/Doc/116601/0095263.pdf

SECTION 13: DECLARATION OF NON-INVOLVEMENT IN SERIOUS ORGANISED CRIME

In a number of identified business areas, Clackmannanshire Council will liaise with The Police Service of Scotland in order to assist one other in the prevention of organised crime through the procurement process. As a result of this assistance The Police Service of Scotland has identified that this is a business area which may be attractive or vulnerable to exploitation by serious organised crime groups.

As part of your tender exercise obligations, you are asked to please complete the declaration (Part A) and responsible officer table below (Part B). This information will be confidentially shared with The Police Service of Scotland only and reported back on to Clackmannanshire Council for consideration of any findings. Any organisation unwilling to provide full and accurate information will be excluded from the process.

Information received back from The Police Service of Scotland shall form one of three levels. LEVEL Indicator Action

Red

Conviction of lifestyle offence in line with EU Directive.Convictions that fall out with EU Directive but due to nature of contract being undertaken are relevant to public safety.

No further participation in the tender exercise.

AmberSuppliers who currently or previously have links and it is documented through open source publications their involvement in Organised Crime.

Further participation in the tender exercise authorised at the discretion of the Authority.

Green No conviction or information held. Submission can proceed to evaluation.

For your assistance and understanding, please find extracts below taken from Sections 28 and 31 of the Criminal Justice and Licensing (Scotland) Act 2010.

Section 28 - Involvement in serious organised crime

(1) A person who agrees with at least one other person to become involved in serious organised crime commits an offence.

(2) Without limiting the generality of subsection (1), a person agrees to become involved in serious organised crime if the person — (a) agrees to do something (whether or not the doing of that thing

would itself constitute an offence), and (b) knows or suspects, or ought reasonably to have known or

suspected, that the doing of that thing will enable or further the commission of serious organised crime.

(3) For the purposes of section 28 and 31 • “serious organised crime” means crime involving two or more

persons acting together for the principal purpose of committing

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or conspiring to commit a serious offence or a series of serious offences,

• “serious offence” means an indictable offence — (a) Committed with the intention of obtaining a material benefit for

any person, or (b) which is an act of violence committed or a threat made with the

intention of obtaining such a benefit in the future, and • “Material benefit” means a right or interest of any description in

any property, whether heritable or moveable and whether corporeal or incorporeal.

(4) A person guilty of an offence under subsection (1) is liable —(a) on conviction on indictment, to imprisonment for a term not

exceeding 1 0years or to a fine or to both,(b) on summary conviction, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the statutory maximum or to both.

Section 31- Failure to report serious organised crime

(1) This section applies where — (a) A person (“the person”) knows or suspects that another person

(“the other person”) has committed — (i) an offence under section 28,

(b) That knowledge or suspicion originates from information obtained —

(i) in the course of the person's trade, profession, business or employment, or

(ii) as a result of a close personal relationship between the person and the other person.

(2) In the case of knowledge or suspicion originating from information obtained by the person as a result of a close personal relationship between the person and the other person, this section applies only where the person has obtained a material benefit as a result of the commission of serious organised crime by the other person.

(3) The person commits an offence if the person does not disclose to a constable — (a) the person's knowledge or suspicion, and (b) the information on which that knowledge or suspicion is based.

(4) It is a defence for a person charged with an offence under subsection (3) to prove that the person had a reasonable excuse for not making the disclosure.

(5) Subsection (3) does not require disclosure by a person who is a professional legal adviser (an “adviser”) of — (a) information which the adviser obtains in privileged

circumstances, or (b) knowledge or a suspicion based on information obtained in

privileged circumstances. (6) For the purpose of subsection (5), information is obtained by an adviser

in privileged circumstances if it comes to the adviser, otherwise than for the purposes of committing serious organised crime —

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(a) from a client (or from a client's representative) in connection with the provision of legal advice by the adviser to that person,

(b) from a person seeking legal advice from the adviser (or from that person's representative), or

(c) from a person, for the purpose of actual or contemplated legal proceedings.

(7) A person guilty of an offence under this section is liable — (a) on conviction on indictment, to imprisonment for a term not

exceeding five years or to a fine or to both, (b) on summary conviction, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the statutory maximum or to both.

To ensure that Clackmannanshire Council do not unwittingly engage with serious organised criminals through the contracting or letting of any services, it is considered relevant and proportionate to obtain a ‘declaration of non- involvement in serious organised crime

To satisfy the requirements of that declaration it is necessary that an authorised signatory confirms that the content of the following statement is applicable to your company or each of the companies within the group or consortia.

PART A

Declaration

I confirm that I have received, read over and understood sections 28 and 31 of the following legislation, Criminal Justice and Licensing (Scotland) Act 2010.I hereby declare that I have nothing to report in relation to this legislation at this time.I can confirm that no Director, or other persons who have power of representation, decision or control over in respect of my business area or otherwise connected to me are engaged in serious organised crime, as defined in the Criminal Justice and licensing (Scotland) Act 2010. In making this declaration, I confirm that I have taken all the necessary steps to ensure the accuracy of my attestation and understand that the wilful provision of misleading or inaccurate information may constitute fraud and or termination of my contract.Print name Signed Company business details include address and postcode

Home address including postcode

Contact telephone number

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PART B

To allow Clackmannanshire Council to independently verify each organisation’s response to the questions relating to Criminal Convictions and Business Probity, each organisation must provide the information required in the table below in respect of:

Each Director of the organisation; Individual persons who has any powers of representation, decision or

control over in respect of the economic operator.

Each organisation must also: Provide an extract below, certified by the individual submitting the

response to this ITT as being correct at the date of the response to this ITT; and

Confirm that no persons other than those listed (Director(s) and Company Secretary if applicable), has any powers of representation, decision or control over in respect of the economic operator.

To assist the verification process, organisations must complete the table below detailing the information requested in respect of each individual who falls within any one or more of the categories detailed above.

Full Name Role (i.e. Owner, Director, Secretary etc.)*

Home Address(es) Date of Birth

*Directors or any other person that have immediate powers of representation, decision or control.

~Expand table as required~

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