MUSEUMS GALLERIES SCOTLAND INVITATION TO TENDER

17 August 2017

PART ONE: INTRODUCTION

1. Museums Galleries Scotland

1.1 Museums Galleries Scotland (MGS) is the National Development Body for the museum sector in Scotland. Our role is to work collaboratively to invest in and develop a sustainable museum and galleries sector for Scotland.

We work with a sector of approximately 400 museums and galleries enabling them to meet their objectives though strategic investment, advice, advocacy and skills development opportunities.

We are guided by the vision of the National Strategy for Scotland’s Museums and Galleries:

“Scotland’s museums and galleries will be ambitious, dynamic and sustainable enterprises: connecting people, places and collections; inspiring, delighting and creating public value”.

Our aim is to lead the development, management and implementation of the National Strategy, museums and galleries in Scotland to deliver in line with the Strategy’s aims.

Read more about us at: http://www.museumsgalleriesscotland.org.uk/about-us/

1.2 About Festival of Museums

Festival of Museums is an annual three-day celebration of history, culture and arts during which museums of all shapes and sizes across Scotland host special events to showcase their unique collections and programmes.

The Festival is co-ordinated by Museums Galleries Scotland and is next due to take place 18 – 20 May 2018 coinciding with International Museums Day and Museums at Night in Europe.

www.festivalofmuseums.com provides a central public facing website to host the event listings of every museum taking part in the festival. The site acts simply as a listings site and does not act as a booking agent. Users are directed towards a third party website in order to purchase tickets. Whilst the MGS website is sector focused the Festival of Museums website audience is primarily the general public.

The current website was originally built in 2011 by Tayburn Ltd on Wordpress.org. In 2015 the site was migrated to a new hosting provider and reskinned by Morton Ward. Other than minor updates, no serious development work has taken place since its launch. Site functionality is now

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reliant on many out-of-date plugins which has left the website vulnerable to hacks. The ‘blocky’ design of the site now looks heavily outdated and the home page contains too much empty space.

Content management of the current site is time consuming due to the complicated nature of the events held during the Festival. Events may be held several times a day, over several days, in a venue that is not the host museum, or across multiple venues. The only options available to display this appropriately is to create a separate listing for each event.

Due to the nature of the Festival, held over only one weekend a year, the site is only active for a maximum of six months of the year with little to no legacy material being utilised in the inactive months.

View the website: http://www.festivalofmuseums.com

2.0 The Requirement

Top Level

The new Festival of Museums website should use clear interface design to help communicate the dynamic range of museums and events taking part. The site should look modern, appropriate for its audiences and make use of visual elements.

We convey a dynamic, action packed, fun and contemporary festival. The home page should focus on the promotion of events and drive users to search for interesting events near them. Prominent calls to action should push users to the booking sites or to search for further events. The home page should be less cluttered and more inviting.

Branding should be retained throughout the site however there should be less emphasis on the current messy visuals

The site should have clear user journeys for identified user groups The search function should be prominent, intuitive and smart There should be options on how search results are displayed e.g.

visually such as on a map or by distance from source The new site should have the ability to archive or hide certain areas,

design elements and functions for the periods when the Festival is no longer live.

3.0 Website Objectives

To be a comprehensive, engaging, and easy to use listings site for events happening over the Festival of Museums weekend.

The new site should make access to information about the festival and its events easier, to allow users to get what they’re looking for faster, including a smart site search.

Content creation on the website should be quick and easy with a minimum of duplication of effort.

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4.0 Audience

Audience description

Demographic

Lifestyle profile Behaviour Media consumption

Young familyPrimary

Socio-D: B, C1, C2, (D)Adults 35-54 (note: grandparents and single parent families are also significant)Children 4-15

- Younger children with varied family structure. - Kid focused but with a need from the parents.- Like to have the choice of doing things separately or together.- A key element is to enjoy a memorable experience together.- A balance of sightseeing, outdoor activities, relaxation, entertainment and fun.- Parents like to feel they are giving children a vivid, nurturing childhood.- Open to new destinations.- Include travel as part of their trip (use of car is important).- They prefer ‘child-valued’ rather than ‘child-friendly’ reception.- Seek: informative, educational, want to learn more, encourage children’s experiences.- A ‘responsible’ choice for a day out.

Looking for entertaining family days out on their doorstep at good value and within reach. They need lots of opportunities to entertain the kids.

- Radio (local and BBC)- Television- Online and digital (seek solutions for family day out at short notice)- Local newspapers- Mobile (devices)- Lifestyle magazines (with educational content)- Journey media (outdoor, ambient, radio, internal taxi/train/bus)

Cultured ScotSecondary

Socio-D: (A), B, C2Adults 25-54

- Single or in a couple.- Spend significant amount of time with friends.- Young professional.- Cash rich/time poor- Interests: music,

Couples and groups of friends looking for a cultural experience. Scots or visitors to

- Mobile devices (including smartphones)- Online and digital (including

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arts, culture, events, festivals.- Eat out a lot.- High, fast media consumption (mobile, laptop, TV).- Looking for new, vibrant and exciting things to do and try.- Take frequent city breaks and holidays.

Scotland within a 50 mile radius of events.

social media)- Radio (commercial national or UK)- Television- Sunday papers- Listings and events (The List)- Some journey media

- Most audiences are local (within 5 - 10 miles) and are looking for events in their area.

- The majority of the daytime events over the weekend are designed to fit with families, while the evening events are aimed at the ‘cultured Scot’

- The site is a portal. Primarily the audience is pointed at the site to search for events. The site will then signpost them to a third party website.

5.0 Site Considerations

5.1 Boolean Search

Event listings on the site can be extensive, it is important to have an easy to use site search.  This would ideally include predictive search to help users find content faster.

Ideally the system would also allow for the addition of synonyms and use a Boolean search

5.2 Device responsive

47% of FoM site users are currently on mobile devices. The site should have planning for mobile technologies at its core as this percentage is only going to grow.

Any templates used should have a mobile treatment to ensure functionality for mobile users is maintained. Where tables and forms have to be used, responsive examples are preferred. Any hero images used on the site should be adaptive.

6.0 Content Management System

We are open to the selection of a CMS to fit our functionality requirements however MGS requires that this system be open source. Proposals for a custom built CMS will not be considered.

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All information and cost implications about licenses, support and implications of the choice of CMS should be given in the proposal, particularly applying to start up and ongoing costs e.g. licence costs, proposed modules required and any security considerations.

There should be the ability to run content administration privileges at different levels.  There should be a master administrator level for the Digital Manager which allows access to all site administration areas - this should not be restricted to the supplier in case of an emergency.

A general site admin should be available to named staff members. Administrators should be able to add other staff to the site and control their access privileges. A lower level of user should be added to allow site content creators / editors access to add pages and edit content.

A version control / revisions system that stores previous versions for roll back and note who made a change is desirable.  If such a system isn't available, then a simple system should be provided for rolling back to previous data.

Due to the small size of the site any copywriting and/or content migration will be provided by MGS.

6.1 Site Templates

At present we anticipate the following site templates/types:Home PageMain Events page with means of filtering listingsIndividual events page with link to external booking site and google maps APILearn More page Individual page for non-event based information e.g. about the Festival, history etcImage GalleryNews pageIndividual page for news items and press releasesContact Us page

The following file formats and embedded files should be supported throughout the site:

Microsoft office - .doc, .docx, .ppt, .pptx, .xls, .xlsx .jpg, .png, .eps   Adobe PDF mp3

And embedding files played elsewhere

YouTube, Vimeo embed Custom iframe embed such as Wistia, Issuu, Soundcloud

MGS require a file directory to allow files to be easily managed.  The CMS should ideally also allow for an internal file search to find documents more readily.

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6.2 Integrations

We would like to use the MailChimp API for email newsletter sign up.

Social media plugins - or their equivalent API - may be used to show latest Tweets or Facebook entries and to follow Festival of Museums on social media.

7.0 Website analytics

It's important that the MGS Digital team can report back to the board on the success of various metrics.

The chosen supplier should have a good understanding on the set up and maintenance of Google Analytics and be able to advise on best practice for:

Monitoring site traffic Measuring the right metrics not just average page views or unique

visitors - in essence assisting in KPI selection for realistic objectives Improving performance in areas covered at the start of the project

We are aware that the following should be done, but are inviting further suggestions

Set up goals for key functions Set up on-click tracking to external links Ensure outgoing email campaigns are measured for site impact Ecommerce Analytics to track conversions on advertising and

Onsite marketing Exclude IPs so we're not counting our own site use Assistance with log files to measure search terms no longer picked

up by Analytics Advise and assist in integrating Analytics with webmaster tools,

Adwords, Google+ and Google+ Places.

7.1 Manage Google Webmaster Tools

After going live, the sitemap should be submitted to Google Webmaster Tools and reports should be used to find 404s and crawl errors in order to keep the website performing to a high level without errors that could cause ranking problems.

8.0 Warranty Period

A standard 30 day warranty period for snagging and bug fixing is expected once the site is live.

9.0 Timescale

A soft launch of the website is required by 5 February 2018 to accommodate a standard warranty period. The press and programme

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launch of Festival of Museums 2018 is planned for early March 2018 and the website is required to be fully operational by this point.

10.0 Budget

The budget for the web development is £17,500. A small amount of contingency funding is available for the project.

An additional cost proposal for ongoing expenses associated with the website, such as support hours and hosting costs, should be submitted separately as detailed in PART TWO.

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PART TWO: TENDER RESPONSE SUBMISSION CHECKLIST

Reference √

Signed Certificates

Evidence of Compliance with necessary accreditations

Tenderer Details and Confirmation of Tender Response

Non-collusion Certificate

Non-canvassing Certificate

Proposals

Qualitative Proposals

Quantitative Proposals

Terms

Copy of tenderers terms and conditions

A. Signed Certificates CONFIRMATION OF TENDER SUBMISSION

Note: Where the tenderer is a consortium, the lead member of the consortium should complete this form.

INVITATION TO TENDER FOR CONSULTANCY SERVICES

Name of Tenderer

Registered Address/Principal Place of Business

Registered Number, if applicable

Contact Name for enquiries related to your tender response

Contact’s position

Contact’s email address

Contact’s landline telephone number

Contact’s mobile telephone number

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Having examined the Invitation to Tender (ITT), and being fully satisfied in all respects with the requirements of the ITT (including all instructions and terms and conditions set out therein), I hereby submit this tender response. If this tender response is accepted we understand and accept that we will enter into a legally binding contract (being in the same or substantially the same form as the draft provided to us with the ITT) within 5 days of being called upon to do so. I confirm that I and the tendering organisation agree to comply with the provisions relating to confidentiality set out in the ITT.I hereby warrant that to the best of my knowledge and belief: the information provided in this tender response is accurate and is not false

or misleading, and that if there is any change in circumstances which may impact this statement, I shall promptly notify MGS in writing, setting out the relevant details in full; and

that there are no potential or actual conflicts of interest that would prevent the tenderer acting for MGS in relation to any aspect of the Requirement.

This Tender Response shall remain open for acceptance by MGS for a period of 180 days after the due date for return of tender responses specified in the ITT. I warrant that I have all the requisite corporate authority to sign this tender response.Signed for and on behalf of the above named Tenderer: Signature: ......................................................................................................…............Position: ......................................................................................................….............Date: ......................................................................................................…...............

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NON-COLLUSION CERTIFICATENote: Where the tenderer is a consortium, each member of the consortium should complete this certificate.

Name of Tendering Organisation:1. I warrant this is a bona fide tender response, intended to be competitive

and that we have not fixed or adjusted the amount or content of the tender response or the rates and prices quoted by or under or in accordance with any agreement or arrangement with any other party.

2. I also confirm that we have not and that we will not at any time commit or undertake any of the following acts:

2.1. communicate to a party other than MGS the amount or approximate amount of my/our proposed tender response (other than in confidence in order to obtain quotations necessary for the preparation of the tender response and/or insurance);

2.2. enter into any agreement or arrangement with any other party that he shall refrain from tendering or as to the amount of any tender response to be submitted;

2.3. offer or agree to pay or give any sum of money inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused any act or omission to be done in relation to any other tender or the proposed tender response; or

2.4. otherwise entered into any agreement or arrangement with another party in relation to any aspect of any tender response submitted.

3. In this Schedule:3.1. the word "person" includes any person, body or association, corporate or

incorporate; and3.2. the phrase "any agreement or arrangement" includes any transaction,

formal or informal whether legally binding or not.

4. I warrant that I have all the requisite corporate authority to sign this certificate.

Signed for and on behalf of the above named tenderer: Signature: ......................................................................................................…............Position: .....................................................................................................….............Date: ......................................................................................................….............

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NON-CANVASSING CERTIFICATE

Note: Where the tenderer is a consortium, each member of the consortium should complete this certificate.

Name of Tendering Organisation: 1. I hereby confirm that we have not canvassed any member, officer, employee,

or agent of MGS in connection with the award of the Contract and that no person employed by us or acting on our behalf has done any such act.

2. I hereby undertake that we will not prior to the conclusion of the appointment process canvass or solicit any member, employee, agent of MGS in connection with the award of the contract and that no person employed by us or acting on our behalf will do any such act.

3. I warrant that I have all the requisite corporate authority to sign this Certificate.

Signed for and on behalf of the above named Tenderer: Signature: ......................................................................................................…............Position: ......................................................................................................….............Date: ......................................................................................................…...............

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B. Qualitative Proposals In responding to this section B, tenderers should note the following:

References to the “Requirement” are to Paragraph 2 of the ITT; Tenderers should refer only to experience gained during the past three

years; Failure to adhere to stipulated word limits may result in information

excess of the word limit not being considered in the evaluation; and Only one answer for each question (within the specified number of words)

should be provided but this may include the experience and involvement of each consortium member and/or identified sub-contractors.

Tenderers must complete the following:

Question

1. Provide details of the individual members of the team being proposed for the delivery of the Requirement. This should include:

A description of the technical skills and expertise of each individual member of the team being proposed; and

A team structure which clearly identifies the reporting lines and project lead.

(maximum of 1000 words)

2. Provide details of the experience of the tenderer that is of relevance to Requirement.

(maximum 1000 words)

3. Provide details of the approach to the delivery of the Requirement, which should including the following:

How the tenderer will work with MGS; A methodology for the delivery of the Requirement; Details of the report format and other outputs; and An initial timetable for delivery.

(maximum 2000 words)

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Quantitative Proposals Tenderers must complete the table below, noting the following:

Prices and rates quoted must be exclusive of VAT; Prices and rates must be inclusive of expenses; Prices and rates must be free from any caveats and assumptions.

Criteria Amount (£)

Fixed Price Tenderers must provide a single fixed price for the delivery of:

The requirement (2.0) and details given within with PART ONE

Total

Additional costs As detailed in PART ONE 10.0 tenders must

submit a cost proposal for ongoing expenses associated with the website.

MGS reserves the right to seek a fixed price proposal for this work from the successful tenderer.

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PART THREE: EVALUATION METHODOLOGY 1. General

1.1. The evaluation process will be conducted to ensure that tender responses are evaluated fairly applying the quantitative and qualitative evaluation criteria and relative weighting as set out below.

1.2. Clarification requests may be issued (at MGS’s discretion) where sections of the submissions are missing or have otherwise been omitted provided always that late submission of the missing documents could not reasonably be considered to give the Tenderer concerned an unfair competitive advantage. MGS reserves the right to reject late, incomplete or otherwise non-compliant tender responses without further evaluation.

2. Evaluation Criteria

Evaluation Criteria Weighting

Qualitative (70%)

Methodology and understanding of brief 30

Technical skills of key personal 10

Experience 25

Presentation 10

Quantitative (30%)

Fixed Price 20

Additional cost proposal 5

Total score 100

3. Scoring Descriptions

Score Description

0 – Unacceptable

Nil or inadequate response. Fails to demonstrate previous experience in relation to the relevant aspect of the Requirement.

1 – Poor Response is partially relevant but generally poor. The response shows some previous experience in relation to the relevant aspects of the Requirement but contains insufficient/limited detail.

2 – Acceptable Response is relevant and acceptable. The response demonstrates broad previous experience in relation to the relevant aspects of the Requirement but is lacking in some aspects of similarity e.g. previous experience in the public sector and clients similar to MGS.

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Score Description

3 – Good Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience in relation to the relevant aspects of the Requirement and in providing similar services to clients similar to MGS.

4 – Excellent Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience in relation to the relevant aspects of the Requirement and in providing similar services to clients similar to MGS

3.1. A score will be awarded following a consensus meeting by the evaluation panel. That score will be weighted as follows: (Consensus Score / Score Available) x Question Weighting.

For example, a score of 2 for the methodology criteria would receive a weighted score of 15 – i.e. (2/4) x 25 = 12.5. Scores will be calculated to one decimal place. The weighted scores for each question will then be aggregated to ascertain the final Qualitative Score out a maximum 70.

3.2. Quantitative Evaluation – Fixed Price

3.2.1. The lowest fixed price hourly rate will be used as the base upon which each Tenderer’s fixed price will be evaluated.

3.2.2. The available marks in respect of the Pricing Proposal will be multiplied by a factor, the numerator of which will be the lowest blended hourly rate and the denominator of which will be the tendered blended hourly rate from each respective tenderer. Therefore, the lowest blended hourly rate will receive full marks.

3.2.3. For example, if the lowest fixed price is £5000 and the tenderer’s fixed price is £10000, with an available mark of 25, the tenderer will be score 12.5 – i.e. (5000/10000) x 25 = 12.5.

3.2.4. Scores will be calculated to one decimal place.

3.3. Quantitative Evaluation – Day Rate The day rate will be evaluated in accordance with the methodology set out above in respect of the fixed price. For example, if the lowest day rate is £500 and the tenderer’s day rate is £1000, with an available mark of 5, the tenderer will be score 2.5 – i.e. (500/1000) x 5 = 2.5.

3.4. Final Score and Contract Award

3.4.1. The tenderer’s total qualitative score will be aggregated with its quantitative score to give a final score out of 100.

3.4.2. The top ranking tenderer will be appointed.

3.5. All tenderers will be informed in writing of any decision to appoint.

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PART 4: INSTRUCTIONS TO TENDERERS 4. General

4.1. These instructions are designed to ensure that all tenderers are given equal and fair consideration. The tenderer shall ensure that each and every consortium member and adviser abides by the terms of these instructions.

4.2. MGS shall not be committed to any course of action as a result of issuing this ITT or communicating with any of the tenderers or their representatives. MGS shall not be bound to accept any tender response and reserves the right not to conclude the contract award procedure.

4.3. MGS’s named contacts:Where appropriate, any additional information provided by MGS as a result of a request for clarification will be circulated to all tenderers.

Tenders should be submitted electronically to Kelly Forbes, Digital Manager, kellyf@museumsgalleriesscotland.org.uk

Only a limited number of contractors will be invited to present at MGS offices and the submission of a tender should not be taken as a guarantee of inclusion on this shortlist.

Inclusion on the short-list will be based on the first 4 requirements on the scoring framework and final tender appointment from all 5, including the presentation of the proposal.

Any enquiries about the tender process or points of clarification should be directed to Rachael Rowley, Business Service Manager rachaelr@museumsgalleriesscotland.org.uk

5. Procurement Timetable

This is intended as a guide and whilst there is no intention to depart from it, MGS reserves the right to do so at any time.

DATE STAGE 17/08/2017 ITT issued

29/08/2017 Clarification period closes

01/09/2017 Closing date for receipt of tender responses

12/09/2017 Notification of invitation for tender presentations

26/09/2017 Presentation at MGS offices

29/09/2017 Notification of outcome

Submission of Tender Responses

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5.1. Tenderers should submit their response in two separate files, with one file for the Qualitative Proposals and the other for the Quantitative Proposals.

5.2. Tenderers must submit their tender responses no later than 11:59pm on 1st

Sept 2017 via email to MGS’s named contact at paragraph 4.3 above. Any tender response not received in full by this deadline may be rejected. MGS may at its own discretion extend this closing date and the time for receipt of tender responses. Any extension granted under this paragraph will apply to all Tenderers.

5.3. Tender responses should remain open for acceptance for a period of 180 days from the deadline for receipt of responses specified above. A tender response valid for a shorter period may be rejected.

6. Preparation of Tender Responses

6.1. All information requested should be provided in the order and format requested in the Schedules. Tenderers may respond using their own text creation facilities.

6.2. Only information provided as a direct response to the ITT will be evaluated. Information and detail which forms part of general company literature or promotional brochures etc. will not form part of the evaluation process. Marketing material should not be included.

6.3. Tenderers are solely responsible for obtaining the information which they consider is necessary in order to make decisions regarding the content of their Tender Responses. Tenderers are also solely responsible for undertaking any investigations they consider necessary in order to verify any information provided to them during the procurement process.

6.4. Tenderers must form their own opinions, making such investigations and taking such advice (including professional advice) as is appropriate, without reliance upon any opinion or other information provided by MGS or its advisers and representatives. Tenderers should also notify MGS promptly of any perceived ambiguity, inconsistency or omission in this ITT, any of its associated documents and/or any other information issued to them during the procurement process.

6.5. MGS will not be responsible for any costs incurred in connection with the preparation of any responses to this ITT or subsequent bid documentation.

7. Clarification Requests

7.1. Clarification requests relating to this ITT should be emailed to MGS’s named contact for this procurement. The closing date for requests for clarification is 5pm on 29 August 2017 and MGS will endeavour to circulate answers to tenderers by no later than 5pm on 30 August 2017. Subject to the remainder of this paragraph 8, in order to ensure equal treatment of tenderers, clarifications and MGS’s answer in response will automatically be circulated to all tenderers.

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7.2. If a tenderer considers that any aspect of a request is of a commercially sensitive nature, and if disclosure of such request and the answer would or would be likely to prejudice its commercial interests, this should be noted in the request.

7.3. MGS reserves the right not to respond to a clarification request or to circulate the request if it considers that the answer would or would be likely to prejudice MGS’s ability to conduct the tender evaluation process.

8. Consortium Bids

If the tenderer is a consortium, the approach must be on the basis of joint and several liability amongst the members of the consortium.

9. Confidentiality

9.1. All material issued in connection with this ITT shall remain the property of MGS shall be used only for the purpose of this procurement exercise.

9.2. Subject to the exceptions referred to in paragraph 10.3, the contents of this ITT are being made available by MGS on condition that:

9.2.1. Tenderers shall at all times treat the Information as confidential, save in so far as they are already in the public domain;

9.2.2. Tenderers shall not disclose, copy, reproduce, distribute or pass any of the Information to any other person at any time or allow any of these things to happen;

9.2.3. Tenderers shall not use any of the Information for any purpose other than for the purpose of submitting (or deciding whether to submit) a tender response; and

9.2.4. Tenderers shall not undertake any publicity activity within any section of the media in relation to the tender response.

9.3. Tenderers may disclose, distribute or pass any of the Information to the tenderer’s advisers, sub-contractors or to another person provided that:

9.3.1. this is done for the sole purpose of enabling a tender response to be submitted and the person receiving the information undertakes in writing to keep the Information confidential on the same terms as if that person were the Tenderer; or

9.3.2. the tenderer obtains the prior written consent of MGS in relation to such disclosure, distribution or passing of information; or

9.3.3. the disclosure is made for the sole purpose of obtaining legal advice from external lawyers in relation to the procurement or to the contract arising from it; or

9.3.4. the tenderer is legally required to make such a disclosure.

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The definition of ‘person’ includes but is not limited to any person, firm, body or association, corporate or incorporate.

9.4. MGS reserves the right to disseminate information that is materially relevant to this procurement to all tenderers, even if the information has only been requested by one tenderer, subject to the duty to protect each tenderer's commercial confidentiality in relation to its Tender Response (unless there is a requirement for disclosure under FoISA or the EIR, as explained in paragraph 12 below).

10. Freedom of Information

10.1.In the spirit of the obligations and duties placed upon public authorities by FoISA and the EIR, MGS may be required to disclose information submitted by the Tenderer.

10.2.In respect of any information submitted by a tenderer that it considers to be commercially sensitive the tenderer should:

10.2.1. clearly identify such information as commercially sensitive;

10.2.2. explain the potential implications of disclosure of such information; and

10.2.3. provide an estimate of the period of time during which the tenderer believes that such information will remain commercially sensitive.

10.3.Where a tenderer identifies information as commercially sensitive, MGS will endeavour to maintain confidentiality. MGS cannot guarantee that any information marked ‘confidential’ or ‘commercially sensitive’ will not be disclosed and tenderers should note that even where information is identified as commercially sensitive, MGS may be required to disclose such information in accordance with the FoISA or the EIR. MGS is required to form an independent judgment concerning whether the information is exempt from disclosure and whether the public interest favours disclosure or not.

11. Canvassing

The Tenderer will be disqualified if it is found to have directly or indirectly canvassed any officer, member, employee, or agent of MGS or any of its officers or members concerning the award of a contract under this procurement or directly or indirectly obtained or attempted to obtain information from any such officer, member, employee or agent concerning any other tenderer, tender response or proposed tender response.

12. Collusive Behaviour

If the tenderer communicates to any party other than MGS information which would enable the amount or approximate amount to be calculated (except where such disclosure is made in confidence in order to obtain quotations necessary for the preparation of the response or insurance or any necessary security); it shall (without prejudice to any other civil

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remedies available to MGS and without prejudice to any criminal liability which such conduct by a tenderer may attract) be disqualified.

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13. No Inducement or Incentive

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 response or enter into any contractual agreement.

14. Right to Reject/Disqualify

MGS reserve the right to disqualify the Tenderer where:

14.1.the tenderer fails to submit a compliant tender response that complies fully with the requirements of this ITT;

14.2.the tenderer fails to clarify its tender response in writing and/or provide additional information if requested within the given timescales;

14.3.the tenderer is guilty of serious misrepresentation in relation to a tender response and/or the ITT process; and/or

14.4.there is a change in identity, control or other factor impacting on the selection and/or evaluation process affecting the tenderer.

15. Right to Cancel, Clarify or Vary the Process

MGS reserve the right to:

15.1.amend, add to or withdraw any part of the terms and conditions of this ITT process;

15.2.cancel the evaluation process at any stage; and/or

15.3.require the tenderer to clarify tender response in writing and/or provide additional information.

16. Disclaimers

16.1.Whilst the information in this ITT (and supporting documents) has been prepared in good faith, it does not purport to be comprehensive nor has it been independently verified.

16.2.Neither MGS nor its advisers, nor its respective directors, officers, members, partners, employees, other staff or agents:

16.2.1. make any representation or warranty (express or implied) as to the accuracy, reasonableness or completeness of this ITT; or

16.2.2. accept any responsibility for the information contained in this ITT or for the fairness, accuracy or completeness of that information nor shall any of them be liable for any loss or damage (other than in

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respect of fraudulent misrepresentation) arising as a result of reliance on such information or any subsequent communication.

16.3.Any persons considering making a decision to enter into a contractual relationship with MGS following receipt of this ITT should make their own investigations and their own independent assessment of MGS and its requirements and should seek their own professional advice.

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