DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
City of Liverpool
RESOURCES PORTFOLIO
CONTRACT
966
VENDOR NEUTRAL
MANAGING AGENT FOR
TEMPORARY WORKERS
TENDER DOCUMENT
Completed Tenders must be
received no later than
10:00a.m
Thursday 17th November 2005
ISSUED BY
The Procurement Support Unit
Steve Boyd
Procurement Support Unit
Tel: 0151 225 2816
e-mail:
[email address]
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
Contents
SECTION A – INTRODUCTION AND INSTRUCTIONS
1.
Important Notice
5
2.
Introduction
6
3.
Tenderers’ Queries
6
4.
Notice to Tenderers’
7
5.
Confidentiality and Canvassing
7
6.
Statutory Declaration
7
7.
Submission Of Tenders
8
8.
Tender Evaluation and Clarification
8
9.
The Contract Conditions
8
10.
Tax and VAT
9
11.
Collusive Tender
9
12.
Modification and Amendments
9
13.
Acceptance of Any Offer
9
14.
Applicable Laws
9
15.
Tender Prices
10
16.
Period of Contract
10
17.
Underlying Assumptions
10
18.
E mail
10
19.
Certificate of Tender
10
20.
General Information
10
21
Freedom of Information
11
22
Award Criteria
13
23
Outline Timetable
14
ANNEXES TO SECTION A
Annex 1
Form of Confidentiality Undertaking
15
Annex 2
Statutory Declaration
16
Annex 3
Undertaking and Form of Parent Company Guarantee
18
Annex 4
Collusive Tender Certificate
21
Annex 5
Information Considered to be exempt from FOIA requests
22
Annex 6
Certificate of Tender
24
SECTION B – SPECIFICATION
1
Introduction / Background
27
2
Disclaimers / caveats
27
3
Current state overview
27
4
Future state objectives
27
5
Policies / Standards
27
6
ICT requirements
27
7
Scope of the contract
27
8
Outcomes Required
28
9
Service Level Requirements
28
10
Minimum terms with Supply Agencies
29
11
Sourcing strategy to be employed
30
12
Outputs
30
13
Monitoring and review
31
14
Measures of success
31
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
SECTION C METHOD STATEMENT AND PRICING DOCUMENT
1
Method Statement
34
2
Pricing Document
35
SECTION D - CONTRACT CONDITIONS
1
Contract Conditions
38
2
Annex A - Articles of Contract
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SECTION A
INTRODUCTION AND INSTRUCTIONS
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
SECTION A - PART 1
1.
IMPORTANT NOTICE
This Invitation to Tender (“the ITT”) has been prepared by Liverpool City Council (“the
Council”) in connection with the proposed contract for the provision of a Vendor Neutral
Managed Service for Temporary Workers (“the Services”).
The ITT does not purport to contain all the information that a Managing Agent of the
Services may require. The Council has not independently verified any of the information
contained in the ITT. In all cases, interested parties should independently verify all
information and data set out in this ITT.
No representation or warranty, express or implied, is or will be made in or in relation to,
and no responsibility or liability is or will be accepted by the Council or by any of its
Officers, servants or agents as to or in relation to the accuracy or completeness of this
document or any other written or oral information made available to any interested party
or its advisers at any time in connection with the proposed transaction or as to the
information contained in this ITT and any liability therefore is hereby expressly
disclaimed. Any successful tenderer for the Services will be required to acknowledge in
any such contract that it has not relied on or been induced to enter into such contract by
any representation or warranty, save as expressly set out in such contract.
This document has been delivered to interested parties on the express understanding
that such parties will use it only as set out above. By accepting this document the
recipient has agreed to comply with any requests to return promptly all material received
from the Council (including this document) without retaining copies. In supplying this
document, the Council is not obliged to provide the recipient with any additional
information, to update this document or to correct any inaccuracies that may become
apparent.
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
INVITATION TO TENDER
2.
Introduction
In accordance with the terms of this document, you are hereby invited to submit a priced,
detailed tender for the provision of a Vendor Neutral Managed Service for the supply of
Temporary Workers to Liverpool City Council and may, at some stage, also include other
public bodies within Merseyside the North West and possibly Local Authorities / public
bodies across the country.
The successful tenderer shall enter into a formal Contract to provide the Services to the
Council in the form based substantially on the Contract Conditions set out in the tender
documents. Tenderers may provide details of additional Contract Conditions they would
propose to add.
Tenderers are required to complete all sections of and supply all information required in the
Certificate of Tender. Please note that information should be supplied in the order set out in
the Certificate of Tender. Failure to comply with this requirement may prejudice
consideration of a tenderer's offer.
The tenderer shall be deemed to have satisfied itself as to the nature, extent and content of
the Services to be supplied, the numbers of staff required and all other matters which may
affect its tender.
Tenderers are responsible for formulating their proposals in accordance with the provisions
set out in this ITT. Non-compliance with the requirements of this ITT may result in
disqualification.
3.
Tenderers Queries
The Council is committed to a competitive procurement process in which a level playing
field is maintained by the equal availability of information to all tenderers. The Council will
respond to individual written requests for clarification or further information from any
tenderer by way of circulars to all tenderers.
The "Council’s Authorised Officer" for the purpose of this Tender exercise is:-
Steve Boyd
Contracts Manager
Corporate Procurement Unit
Liverpool City Council
Room 225, Municipal Buildings;Dale Street ;Liverpool ;L2 2DH
e-mail:[email address]
The Council's Authorised Officer will act as the sole point of contact and conduit for any
enquiries by tenderers, their members or associates in relation to this tender. No approach
of any kind should be made to any other persons in connection with the tender and the
Council may, in its sole discretion, disqualify tenderers who breach this provision. All
requests for clarifying information should be made in writing(this includes e-mail) and the
Council's Authorised Officer will, so far as possible, respond in writing.
While tenderers are preparing tenders, they are positively encouraged to obtain further
information regarding the Services to be provided by means of written requests for
clarifying information to reduce the risk of unqualified tenders and to improve the quality of
proposals.
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Written requests for clarification should be faxed or e-mailed to the Council's Authorised
Officer. The Council will endeavour to answer all requests for clarifying information as
quickly as possible. The Council will not guarantee that any requests for clarifying
information made within seven days prior to the deadline for receipt of tenders will be
answered (i.e. the Council’s Authorised Officer should receive all clarification requests by
no later than
12pm ;9th November 2005
The Council will circulate details of enquiries and of its replies to them, except where the
tenderer has indicated that an enquiry is of a commercially sensitive nature, in which case
the Council will either
a) treat both enquiry and response confidentially or
b) where the Council disagrees with the tenderers classification the Council will invite the
tenderer to re-classify or withdraw the enquiry.
The Council reserves the right to correct any omissions or inaccuracies in the tender
documents and to clarify and / or amend any of the requirements up to 7 days before the
date specified for return of tenders.
4.
Notice to Tenderers
Tenderers will be deemed for all purposes connected with their tenders to have satisfied
themselves fully as to the nature, extent and character of the Services sought, and the
human resources, materials, software, equipment, machinery and other liabilities and other
matters which will be required to perform the Services.
The Council reserves the right to change without notice the basis of, or the procedures for,
the tender process, to reject any or all proposals for the Services, to terminate discussions
with any one or more tenderers at any time and not to proceed with the proposed
procurement at all. Under no circumstances shall the Council or its staff, agents or advisers
incur any liability whatsoever in respect of such matters.
5.
Confidentiality and Canvassing
Tenderers are required to sign and return, using the tenderer’s headed stationery, an
undertaking in respect of confidentiality and canvassing relating to the tender process in the
form set out at Annex 1 of this Section. This undertaking shall continue in full force and
effect unless specifically repealed by the Council in writing.
Any tenderer who directly or indirectly canvasses any Member, Officer, employee or agent
of the Council concerning the award of the Contract (or any matter pertinent thereto) may at
the discretion of the Council be disqualified.
The Council reserves the right to apply the provisions relating to recovery of costs, as set
out in the Contract Conditions, to any breaches of this clause.
6.
Statutory Declaration
Tenderers will also be required to sign and return to the Council, using the tenderer’s
headed stationery, a Statutory Declaration in the form set out at Annex 2 of this section as
part of their response to the ITT. The Statutory Declaration shall continue in full force and
effect until specifically repealed by the Council in writing.
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7.
Submission of Tenders
Tenderers are required to submit their tenders by
10am on 17th November 2005 Tenders should provide sufficient information for the Council to evaluate the tenderer’s
proposals. However, in the interests of efficiency and effectiveness for all parties, tenderers
are discouraged from providing detail over and above that specified or in a different form
and order to that specified.
Particular attention must be paid by the tenderer in ensuring that adherence to the
Certificate of Tender is strictly followed and that all information requested in the Certificate
of Tender is supplied. Where insufficient space is provided for your reply, tenderers should
add separate sheets clearly bearing a cross-reference to the relevant sections and
questions.
Two hard copies of the tender return documents duly signed and dated together with a
copy on CD or floppy disc, should be returned using the enclosed addressed envelope to
reach the Head of Legal Services at the address indicated
By
10am on 17th November 2005
Please note that a tender received after the due date and time will not be considered
and that any tender packaging / envelope bearing an indication (including a franking
machine stamp) of the tenderer's identity will not be considered.
8.
Tender Evaluation and Clarification
The evaluation process will comprise of an initial evaluation of all tenders received by the
Council for compliance with the ITT, and to assess affordability and deliverability in
accordance with the Award Criteria detailed in paragraph 22 of this section of the Invitation
to Tender.
Following the initial evaluation of tenders, the Council may require tenderers to attend
clarification meetings and /or provide the Council with written responses to requests for
clarification. Tenderers will be notified of the format of any clarification meetings in
advance.
A shortlist of tenderers will be invited to make presentations and to enter into detailed
discussions with the Council. The presentations will complement the service Method
Statement contained in their tender submissions.
Site visits may be required.
9.
The Contract Conditions
The successful tenderer will be required to enter into a Formal Contract with The Council
Tenderers must accept and base their tenders on the Contract Conditions included as
Section D of this ITT. Tenderers may however raise any comments on the wording of
individual clauses as part of their submission. Such comments must be clear and
unambiguous as to their nature and effect and be supported by information which
demonstrates the impact upon the tender (financial or otherwise) of such comments
.
Tenderers may submit additional clauses for the Council to consider including in the Formal
Contract, such additional clauses must be clear and unambiguous as to their nature and
effect but it will be at the Council’s sole discretion as to whether to incorporate these
additions or not.
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10.
Tax and VAT
Tenderers will be responsible for the payment of all taxes and other associated outgoings
associated with the performance of the Contract.
In respect of Value Added Tax the Council will pay to the tenderer such VAT as may be
properly chargeable by the tenderer in connection with the performance of the Service.
All prices within the tender will be exclusive of VAT.
11.
Collusive Tender
Tenderers must confirm in their tenders that they are submitting a
bona fide tender .The
Council shall be entitled to dismiss any tenders where the provisions of the Certificate have
been contravened. Any tender which has been accepted from a tenderer who is
subsequently found to have contravened the terms of the Certificate shall be liable to the
Council for any loss involved.
The Council will recover the amount of any losses it has suffered including the cost of this
exercise if the successful tenderer is subsequently found to have contravened the terms of
the tender in this respect, or if the tenderer or any person employed or acting for them does
any of the following:-
commits any offence under the Prevention of Corruption Acts 1889 to 1916; or
gives or offers a fee or reward, the receipt of which is an offence under Section 117(2)
of the Local Government Act 1972.
12.
Modifications and Amendments
The Council reserves the right to make changes of a drafting nature to the ITT, which must
be accepted without reservation.
If the Council wishes to make more substantial alterations to the contract documentation,
these will be notified to the tenderer. Tenderers may raise comments on the wording of
individual clauses of the Contract Conditions where these have been modified or altered by
the Council.
13.
Acceptance of Any Offer
The ITT hereby extended by the Council is on the basis that it is without any commitment
on the part of the Council to proceed with the award of the Contract.
Written acceptance by the Council of any tender, (whether as submitted or amended by
subsequent negotiation), will create a binding Contract between the tenderer and the
Council. Where a tender is accepted the tenderer shall enter into formal Contract with the
Council within 14 days of notification of acceptance upon the terms of the enclosed contract
documentation together with any amendments which have arisen, and such other
documentation as may be prepared, pursuant to discussions. Failure to achieve this
timetable to the Council's satisfaction may result in the Council proceeding with another
tenderer or as it may otherwise decide.
14.
Applicable Laws
The laws of England shall apply for the purposes of all proceedings relating to this tender
process and any Contract awarded pursuant thereto.
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15.
Tender prices
The prices to be included in the Pricing Document in this tender shall be the full and
inclusive price, including all charges but exclusive of VAT, for the Services described.
16.
Period of Contract
It is the current intention of the Council that the Contract will be for a period of 3 years.
However the Council may be willing to consider alternative Contract durations if it considers
the commercial benefits to be worthwhile.
17.
Underlying Assumptions
Tenderers should provide a full statement of any relevant underlying assumption in support
of the bid.
18.
Electronic version of the tender document
This Invitation to Tender is made available electronically and has been supplied on a floppy
disc with this documentation pack. The sole purpose of this is to assist tenderers in
completing the Invitation to Tender..
19.
Certificate of Tender
The Certificate of Tender is attached at Annex 6 of this section. It should be completed and
signed using the tenderer’s headed stationery. Any alteration to the contents of the
Certificate of Tender will disqualify the tenderer. The completed certificate should be
returned with your completed tender document.
20.
General Information
• The Council operates under a devolved management structure that enables individual
departments / units of the council to commit their own expenditure within agreed budgets.
Within this structure individual departments have used Temporary Workers from Supply
Agencies in the field who have a proven track record of providing good quality workers
and service.
• The Council is inviting tenders for a service contract for the provision of a Vendor Neutral
Managing Agent across the City. Specifically, the Council are seeking a Vendor Neutral
Managing Agent who’s responsibilities will include entering into contract with our existing
supply base of Supply Agencies currently providing temporary workers, re-negotiating
charges rates, routine monitoring of these agencies and the provision of an internet based
enquiry, booking and management system.
• The use of this service contract will be mandatory to all departments of the Council except
schools. Schools budgets are delegated by law and they are not required to comply with
the Council rules regarding corporate contracts although schools have expressed an
interest in taking part dependent on the outcome of the first few months of operation.
• The Council will expect the successful tenderer to demonstrate how they intend to market
their services to a very diverse organisation (including the schools) providing the
numerous services for which the Council is responsible.
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• The Council will not commit to a stated quantity of service or value of expenditure on
these services. However, past experience suggests that expenditure on Temporary
Workers throughout the Council has been in the region of £10 million per annum.
21.
Freedom of Information
General guidance to contractors and tenderers on access to information about or arising
under contracts.
21.1
Introduction
All information relating to any tender made to the Council or any contract to which
the Council is party, including information arising under the contract or about its
performance, will be covered by the Freedom of Information Act 2000 (FOIA) from
January 2005 (or the date of implementation if different.) The Council will be under a
legal obligation to disclose such information if requested unless an exemption
applies. The legal obligation to respond to a request for information falls on the
Council. The Council must determine whether an exemption applies to information
and whether the request should be refused. The Council may also be subject to
disclosure obligations under other legislation or codes of practice. This Guidance
sets out the approach of the Council of information about contracts.
21.2
General rules on disclosure
The Council has determined that, in the absence of special circumstances:
•
The Invitation To Tender (ITT) will always be available under FOIA to those who
enquire.
•
Responses to tenders will be held in confidence until the award of the contract.
Any person tendering for or entering into a contract with the Council must, as part of
the tender process, inform the Council of information which it regards as being
eligible for a claim for exemption from disclosure by the Council under FOIA. Such
information will be called reserved information. Information about all tenders will be
made available under FOIA to those who enquire unless, as part of the tender
process, the tenderer has notified the Council that it regards any of the information
supplied with the tender as falling within the categories indicated below (reserved
information). Such notification must be made on a schedule as set out below.
The Council will make information about the global pricing of the bid available under
FOIA after award of the contract. Those tendering should submit how that might be
done.
21.3
Reserved Information
If the contractor wishes to reserve any information from disclosure under FOIA he
must put forward any information or classes of information which it is wished to have
(reserved information) reserved and the grounds of the exemption which relate to
the information which may be one or more of the following:
•
That the information constitutes a trade secret and is eligible for exemption
under section 43(1)
•
That the disclosure of the information would prejudice the commercial interests
of any person (section 43(2))
•
That the information will be disclosed by the contractor to the Council
and that
the nature of the information, or the circumstances in which it is imparted or the
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circumstances are otherwise such as to justify the acceptance by the Council of
an obligation of confidence in respect of it (section 41(1))
•
That the information is personal data or otherwise relates to the private life of
any individual which is appropriate for protection (section 40))
•
Any other specific exemption under FOIA
Information which is agreed between the parties to be reserved information will be
contained in a separate schedule to the contract. The schedule will list the class or
category of information or the information itself and specify which exemptions under
FOIA apply to each specified class category or specific information. In each case
the schedule shall indicate when it is likely that the information can be made
available under FOIA or if the information is unlikely ever to be made so available,
that this is the case. Where such information is exempt under the rules governing
commercial matters (section 43(2)), then unless special circumstances apply, it will
not be withheld under FOIA for more than seven years after completion of the
contract works.
Information relating to the overall value, performance or completion of the contract
will not be accepted as reserved information. The Council may be however withhold
access to such information under FOIA in appropriate cases. The decision as to
whether to withhold information shall be for the Council alone to determine. It shall
have no obligation to consult the contractor.
Information relating to contract records and administration will not be accepted as
reserved information. The Council may however withhold access to such
information under FOIA in appropriate cases. The decision as to whether to withhold
information shall be for the Council alone to determine. It shall have no obligation to
consult the contractor.
The tenderer may designate unit prices or more detailed pricing information as
reserved information.
The Council will make information available under FOIA from 5 years after award of
the contract, in the absence of specific Contract to the contrary. In the event that the
Council receives a request for such information before the expiry of the 5 year
period which it considers it may be appropriate to provide it will, wherever possible,
notify the tender and take account of any representations made by the tenderer
within 7 days of receipt of the notice by the tenderer.
21.4
Handling requests for information and notice to those affected
Other than as set out above the Council shall have no obligation to consult the
contractor where any request for information, whether under FOIA or otherwise,
touches or concerns the contract.
Information about the provision of the services which is the subject matter of the
contract which arises in the course of performance of the contract.
The Council will have obligations to respond to FOI and other requests for
information and the contract will include appropriate terms requiring the contractor
to supply such information as requested by the Council.
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22.
Award Criteria
General
The Tenders should, as a minimum, demonstrate how Tenderers will fully meet the Service
Specification and all other requirements set out in the ITT. The Tenders shall also include
the Tenderers’ detailed pricing proposal.
Tenderers are encouraged to formulate innovative Tenders that offer value for money.
The Council will review and evaluate the Tenders. The aim of this review and evaluation
will be to award a contract to the Tenderer whose proposal represents the Most
Economically Advantageous Tender based on .
•
Tender Compliance
•
Skills and Competencies of tenderer
•
Price
•
Feasibility of proposal
•
Financial Stability of Tenderer
•
Quality
The order of the list does not necessarily reflect the importance of each of the criteria
Summary of Evaluation Methodology
22.1. Tender Compliance
The Council wishes to ensure that all Tenders comply with the Tender procedures
and the contract objectives set out in this ITT. Only those Tenders that pass the
compliance assessment will progress to the quantitative and qualitative assessment
stages.
Procedural compliance will be achieved by following the specimen Form of Tender
as set out in Annex 1 of Section A - Part II, including all the enclosures.
The Council’s contract objectives are laid down in the Service Specification. These
objectives are mandatory and failure to achieve them will result in exclusion. It is
necessary for the tenderer to indicate within the Method Statement how the
requirements of the Service Specification are to be delivered.
The output from the compliance assessment will be the identification of those
Tenders (including variant Tenders) which are capable of implementation. This will
ensure that the qualitative and quantitative assessment can concentrate on
identifying the “Most Economically Advantageous” Tender.
22.2. Skills and Competencies of Tenderer
The Council will consider the extent to which the Tender demonstrates:
•
possession of the understanding of the requirement, skills and resources
necessary to meet the requirements of the specification
•
knowledge and experience of the Temporary Workers Supply Agency market
•
knowledge and experience of effective strategies for retaining supply agencies
on their programme
•
knowledge and experience of previous implementation within a large
organisation
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•
Knowledge and experience of relevant Statutes/laws governing Supply
Agencies and Temporary Workers.
22.3. Price
The Council will consider:
•
Proposal put forward for management fee structure
•
competitiveness of prices
•
the breakdown of your prices as required in Section C paragraph 2.
22.4. Feasibility of proposal
The Council will consider:
•
deliverability of proposal
•
achievability of timetable leading to implementation of the full service
•
The overall assessment of the proposals will also contain a view of the risk/level
of confidence associated with each proposal
22.5
Quality
The qualitative assessment shall have regard for:
•
meeting the Service requirements
•
quality control / vetting procedures of the intake of new Supply Agencies
•
arrangements for managing / monitoring the Supply Agencies
•
quality and range of management information available
The Tenders will be assessed by a panel comprising representatives of the Council
23.
Outline Timetable
Issue notice calling for expressions of interest using Restricted procedure
17.03.2005
via OJEU
Closing date for expressions of interest and return of PQQ’s
25.04.2005
Evaluate PQQ’s
13.07.2005
Issue ITT (Invitation To Tender)
05.10.2005
Tender due date
17.11.2005
Tender Opening ceremony
18.11.2005
Tender evaluation and short listing
21.11.2005 to
24.11.2005
Notify outcome of initial evaluation to tenderers
25.11.2005
Interview / presentations from short listed tenderers
29.11.2005 &
30.11.2005
Site visit as deemed necessary / required
w.c 21.11.2005
Successful / Unsuccessful tenderers notified
02.12.2005
Contract award
12.12.2005
Implementation / Transition Period
19.12.2005
31.01.2006
Contract start date
01.02.2006
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Annex 1
FORM OF CONFIDENTIALITY UNDERTAKING
Re: Provision of Vendor Neutral Managing Agent (Temporary Workers)
To: Liverpool City Council
(“the Council”)
Date
TENDERER’S UNDERTAKING IN RESPECT OF CONFIDENTIALITY AND CANVASSING
We …………………………………..hereby undertake as follows:
1.
to treat all information contained in the following as strictly private and confidential:
i.
the Invitation to Tender (ITT) document, complete with all annexes and schedules;
ii.
all telephone conversations, meetings and correspondence with the Council or its
Advisors;
iii.
any other information gained from any other contact whatsoever made with the
Council, its Officers, employees, representatives or agents;
2.
to ensure that the ITT or any other documents relating to the project are only ever made
available to a tenderer who has entered into this undertaking and its directors, employees
and professional advisers and/or financiers who are directly involved in the process of
submitting a tender;
3.
to ensure that the ITT or any other documents relating to the project are not copied in whole
or in part, reproduced, distributed or otherwise made available to any third parties in any
circumstances nor use them for any purpose other than that for which they are intended by
the Council without the prior written consent of the Council; and
4.
to ensure that we do not undertake any publicity activities with any section of the media in
relation to the project without the prior written consent of the Council.
The above undertaking does not apply to any information which is or becomes publicly available or
is shown by reference to written records to have been properly obtained from a third party (in each
case otherwise than through a breach of any confidentiality undertaking).
We also hereby undertake that neither we nor any person employed by us or acting on our behalf
will canvass or solicit any Member, Officer or Employee of the Council in connection with the
tendering process for the Service.
We understand and accept that this letter shall continue in full force and effect unless specifically
repealed by the Council in writing and agree to be legally bound by all the undertakings in this
letter.
Yours faithfully
Authorised Signature
Name
Title
Organisation
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Annex 2
STATUTORY DECLARATION I [
insert name] of [
insert name and address of Firm]
do solemnly and sincerely declare as
follows:-
1
I am the (
insert title, e.g. managing partner] of [
insert name of Firm];
2
I am fully conversant with the business activities of [
insert name of Firm] and am
authorised to issue a statutory declaration on their behalf;
3
My attention has been drawn to the extract of the provisions of Regulation 14(1) of
Statutory Instrument 3228 of 1993 (The Public Services Contracts Regulations) which is
appended hereto;
4
I can state with complete certainty and based on my own knowledge and experience that,
whilst I have held the position of [
insert], none of the rejection factors specified in
Regulation 14(1) of Statutory Instrument 3228 of 1993 apply to [
insert name of Firm]
nor do
I know of any other reason relating to these factors why [
insert name of Firm] should not be
selected to tender for the vendor neutral management agent of temporary workers
and I make a solemn declaration conscientiously believing the same to be true and by virtue of
the [Statutory Declaration Act 1835].
Declared at
in the County of [
insert]
by [
insert declarant]
this [ ] day of [ ] 200[ ]
Before me [ ] Commissioner for Oaths/Solicitor/Notary Public
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
Appendix to the Statutory Declaration of [insert] name of declarant
declared on [ ] day of [ ] 200[ ]
Extract from the provisions of Regulation 14(1) of SI 3228 of 1993 a
being an individual is bankrupt or has had a receiving order or administration order made
against him or has made any composition or arrangement with or for the benefit of his
creditors or has made any conveyance or assignment for the benefit of his creditors or
appears unable to pay, or to have no reasonable prospect of being able to pay, a debt
within the meaning of Section 268 of the Insolvency Act 1986, or article 242 of the
Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for
creditors or become apparently insolvent, or is the subject of a petition presented for
sequestration of his estate, or is the subject of any similar procedure under the law of any
other state
b
being a partnership constituted under Scots law has granted a trust deed or become
otherwise apparently insolvent, or is the subject of a petition presented for sequestration of
its estate
c
being a company has passed a resolution or is the subject of any order by the court for the
company’s winding up or otherwise than for the purposes of bona fide reconstruction or
amalgamation, or has had a receiver, manager, or administrator on behalf of a creditor
appointed in respect of the company’s business or any part thereof or is the subject of
proceedings for any of the above procedure or is the subject of similar procedures under
the law of any other state
d
has been convicted of a criminal offence relating to the conduct of his business or
profession
e
has not fulfilled obligations relating to the payment of social security contributions under the
law of any part of the United Kingdom or of the member State in which the services/works
Managing Agent is established
f
has not fulfilled obligations relating to the payment of taxes under the law of any part of the
United Kingdom or of the state in which the services/works Managing Agent is established
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
Annex 3
GUARANTEE UNDERTAKING
Re: Provision of Vendor Neutral Managing Agent (Temporary Workers)
To: Liverpool City Council
(“the Council”)
We ................................................................................................................................... [Name]
being the ultimate holding company ("Parent Company") of our subsidiary company
................................................................................................................................................
[the Tenderer] hereby irrevocably and unconditionally undertake under seal that in the event of the
Tender submitted by the same being accepted by you and if requested to do so by you, we shall
forthwith upon request, and in any event not later than seven days prior to the date agreed for the
completion of the Contract for Services to which this undertaking relates, properly execute and
deliver to you a Deed of Guarantee in the form attached hereto, but subject to the insertion of such
details and the making of such revisions as the Council may require in the light of the terms and
the nature and effect of the contract constituted by your acceptance of the Tender.
Dated 200
IN WITNESS whereof the Parent Company has hereunto affixed its common seal with the intent
that this instrument have effect as a Deed
EXECUTED and DELIVERED as a Deed on behalf of [
]
by:
Director
Director/Secretary]
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Annex 3
FORM OF DEED OF PARENT COMPANY GUARANTEE
THIS DEED OF GUARANTEE is made the .............day of ........................................2005
BETWEEN................................................... ('the Guarantor") whose registered office is at
......................................................................of the one part and
Liverpool City Council :
Municipal Buildings Dale Street; Liverpool: L2 2DH.
WHEREAS:-
(1)
........................................................................................("the Managing Agent”) whose
registered office is at ........................................................................................has executed
on the ........... day of ..................................2005. an Contract ("the Contract") with the Council
for the .............................................................and the Council has executed the Contract in
consideration inter alia of the Managing Agent procuring this Deed by the Guarantor.
(2) The Guarantor is the parent company of the Managing Agent.
(3) The Guarantor agrees to guarantee the performance by the Managing Agent of its obligations
under the Contract in accordance with the terms and conditions hereinafter appearing.
NOW THIS DEED WITNESSES as follows:
1
In consideration of the Council agreeing to enter into the Contract with the Managing Agent
the Guarantor guarantees to the Council the punctual true and faithful performance and
observance by the Managing Agent of all the obligations terms and conditions on its part to
be performed and observed under the terms of the Contract and any extension or
amendment thereof and binds itself properly to perform and observe or cause to be
performed and observed any such obligations terms and conditions which the Managing
Agent shall fail to perform and observe.
2
The Guarantor hereby agrees to indemnify and keep indemnified the Council against all
losses damages costs and expenses which may be incurred by the Council by reason or in
consequence of any failure by the Managing Agent punctually truly and faithfully to perform
and observe all or any of the obligations terms and conditions on its part to be performed
and observed under the terms of the Contract and any extension or amendment thereof
provided that the obligations of the Guarantor under this Guarantee shall be no greater than
the obligation of the Managing Agent under the Contract.
3
The Guarantee and Indemnity hereby given shall not in any way be discharged nor the
liability of the Guarantor hereunder be affected by any alteration to or variation of the
Contract or by any time or any other indulgence granted to the Managing Agent by the
Council or by the release of the Managing Agent by operation of law and if this Guarantee
and Indemnity shall not operate for any reason as a Guarantee the Guarantor shall
nevertheless be liable as principal in respect of the Indemnity.
4
This Deed shall be subject to English Law in all respects (including formation) and shall be
construed and interpreted in accordance with English Law and shall be subject to the
jurisdiction of the Courts of England.
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Executed as a Deed by the parties on the date which first appears in this instrument.
THE COMMON SEAL of [ ]
was hereunto affixed by Order of the Board in the presence of:
Director
Secretary
Annex 4
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
COLLUSIVE TENDER CERTIFICATE
Collusive Tender Certificate to be produced on the Tenderers headed notepaper.
To
Liverpool City Council
Corporate Procurement Unit; Municipal Buildings ; Dale Street; Liverpool:L2 2DH
Having examined the Specification, the Appendices to the Specification (if any), the
Conditions of Contract with Annexes (if any), the Pricing Document and this Form of Tender
(the “Tender Documents”), we offer to supply the Services specified in the Tender
Documents at the prices stated in the Pricing Document.
We undertake to perform the Contract in accordance with the Tender Documents.
We agree that this tender shall remain open for acceptance by the Council for 3 months from the
date stipulated for the return of tenders.
Unless and until a formal Contract is prepared and executed this tender, together with your written
acceptance thereof, shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any tender you may receive.
We certify that this is a bona fide tender, intended to be competitive, and that we have not fixed or
adjusted the amount of the tender by or under or in accordance with any Contract 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 hour and date specified for the return of this tender any of the following
acts:-
(a) communicating to a person other than the person calling for these tenders the amount or
approximate amount of the proposed tender, except where the disclosure, in confidence, of
the approximate amount of the tender was necessary to obtain insurance premium or
performance bond quotations required for the preparation of the tender;
(b) entering into any Contract or arrangement with any other person that he shall refrain from
tendering or as to the amount of any tender to be submitted;
(c) offering or paying or giving or agreeing 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 said system any
act or thing of the sort described above.
In this certificate, the word "person" included any person or any body or association, corporate or
un-incorporate; and "any Contract or arrangement" includes any such transaction, formal or
informal, and whether legally binding or not.
Yours faithfully
Signature
Date
Full name of Signatory &
position in Company
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Annex 5
Information Considered to be exempt from Freedom of Information requests
Any information supplied, which the Tenderer considers may be potentially exempt from disclosure
under the Freedom of Information Act MUST be set out in this Section.
Any information contained outside of this section will be subject to disclosure without consultation.
The information considered to be exempt must be referred to in the table below, this could be a
whole section of the documentation provided, a clause or paragraph in the documentation
provided.
The Tenderer should set out in this section of the Tender documents to be returned, that
information which it considers to be exempt from disclosure, the reason for non-disclosure, the
exemption that might be applicable and the time period for which this information will be
considered to be exempt.
The Tenderer should also include in this section the name and contact details of a link person who
will be able to handle Freedom of Information requests.
Name of Link Person:
………………………………………………….
Address
………………………………………………….
………………………………………………….
………………………………………………….
………………………………………………….
………………………………………………….
Telephone Number
………………………………………………….
Fax Number
………………………………………………….
Email
………………………………………………….
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
In setting out the information considered to be exempt, the Tenderer should include below where
the information is located within the Tender documentation.
Please attach additional sheets if necessary following the format given above.
Exempted Information
Reason for
Exemption to be
Time period for
exemption
applied
exemption
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DRAFT Tender: contract 966 Managing Agent for Temporary Workers (October 2005)
Annex 6
CERTIFICATE OF TENDER
Re: Provision of Vendor Neutral Managed Service (Temporary Workers)
To: Liverpool City Council (“the Council”)
We..................................
Whose registered office is at ...............................................................................................
.......................................................................................................................................
1.
Having examined all the tender documents and having satisfied ourselves as to all other
matters relevant thereto, we hereby confirm our tender to enter into the Contract for the
Services.
(a)
We enclose all documentation prepared in accordance with the Invitation to Tender.
(b)
We enclose a Confidentiality Undertaking prepared and signed in accordance with
Annex 1
(c)
We enclose a Statutory Declaration prepared and signed in accordance with Annex 2
(d)
We enclose an Undertaking sealed by our Parent Company for it to enter into the
Guarantee in accordance with Annex 3.
(e)
We enclose a signed Collusive Tender Certificate in accordance with Annex 4.
(f)
We enclose a completed exemptions from Freedom of Information Act form as
specified in Annex 5.
(g)
We enclose the completed Method Statement and Pricing Document prepared in
accordance with Section C and confirm they are correct.
(h)
We enclose the completed General Information Questionnaire in accordance with
Section C
2.
We confirm that this is a
bona fide Tender to perform the Contract.
3.
We confirm that all discussions remain "Subject to Contract" and that the Council's
acceptance of any offer will not constitute a binding Contract or contract between us until a
formal written Contract or Contracts have been executed. We agree that the formal
Contract shall comprise the completion of the Contract Conditions in the form contained in
the Tender Documents subject to any amendments that have arisen in subsequent
discussions together with the completion of other requisite documentation.
In the event of your written acceptance of our offer we undertake:-
(a)
to execute the Contract Conditions (substantially in the form set out in Section D on a
date set aside by you for completion of the Contract); and
(b)
(where applicable) to have had sealed and delivered to you the Guarantee of our
ultimate holding company, in the form set out in Annex 3, 7 days from award of
contract and
(c)
to complete all necessary steps and execute all documentation which is agreed
following submission of our offer. In the event that, exceptionally, these matters are
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not completed by 14 days from award of contract, the Council will supply a timetable
for their completion.
4.
We confirm that in submitting our tender, we have satisfied ourselves that we understand
the information contained in the Specification.
5.
We confirm that this tender is valid for a period of three months unless we agree with the
Council to extend the period.
6.
We confirm we are of sound financial standing and have and will continue to have sufficient
capital, skilled staff, equipment and other resources available to provide the Services.
7.
We confirm we have full power and authority to enter into the Contract and ability to provide
the Services.
Signed.............................................. Signed..............................................
Name............................................... Name................................................
Position............................................ Position.......................................
Duly authorised to sign on behalf of
Name of Tenderer....................................................................
Address....................................................................
Date................
Tel:..............................................
Fax:……………………………..
e-mail address ……………………………………..……………….
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SECTION B
SERVICE SPECIFICATION
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1.
Introduction / Background
Liverpool City Council wishes to establish a contract for the management and supply of
agency staff.
The contract will run for a period of 3 years from the date of commencement.
The vendor neutral contractor will manage the entire recruitment supply chain for temporary
workers, including the management of the council’s existing supply base for temporary
workers.
2.
Disclaimers / caveats
Whilst every effort has been made to quantify the figures supplied within this Service
Specification and this ITT, a number of assumptions have been made:
•
A review of the City Council’s finance system indicates that up to £10m per annum is
spent with “agencies”. Unfortunately, we cannot define the scope of the search any
further and suspect this will include areas of spend which are not directly related to
Temporary Workers. However, we also suspect that due to wrong or inappropriate
coding not all the spend on Temporary Workers has yet been identified.
3.
Future state objectives
Overall, the Council are seeking a more co-ordinated approach to the sourcing and
management of Temporary Workers. Specifically we are seeking to achieve:
•
A reduction in the total annual cost of utilising Temporary Workers
•
Streamlined supply chain for sourcing and managing Temporary Workers including a
single consolidated weekly invoice.
•
To manage the inherent risk and liability issues more effectively and pro-actively
•
To develop a range of management information regarding trend analysis to enable
more effective workforce planning
4.
Policies / Standards
The City Council is currently reviewing its procedures relating to the use of Temporary
Workers. This will be further developed once we have a defined process in place with the
successful tenderer. It will be mandatory for Ordering Officers to utilise any new
arrangements put in place.
5.
ICT requirements
Liverpool City Council are currently implementing SAP a corporate financial system and
any electronic trading arrangements for sourcing Temporary Workers will need to link
electronically with the SAP system. Detailed process flows will be developed with the
successful tenderer.
6.
Scope of the contract
This contract will cover all LCC’s agency requirements except for Executive Recruitment.
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7.
Outcomes Required
1. Streamlined ordering, timesheet and invoicing process including a single dedicated
point of access, (e-mail, fax, phone) available 365 days per year, 24 hours per day.
2. Appropriate terms, conditions and pricing structures in place with all Supply Agencies
including temp to perm fees structure.
3. A monitoring and quality control programme with all Supply Agencies.
4. Reduced direct and in-direct costs associated with the sourcing, utilisation and
management of Temporary Workers including a single consolidated weekly invoice and
supporting statement.
5. A sourcing strategy that may include:
a. qualification and acceptance criteria for Supply Agencies
b. Utilisation of an e-procurement solution, possibly via a managing agent nominated
by LCC to enquire, make bookings and provide access to management information.
6. Ensure risk is identified, assigned and managed appropriately including the
establishment of a risk register.
7. 100% fulfilment rate
8. Access to a wide range of management information including cost / trend analysis.
Further details are provided within paragraph 12 - Outputs.
9. It is a key requirement that there be total transparency of the tenderers costs including
detailed accounting and reporting of labour rates paid to Temporary Workers employed,
and any management fees, bonuses, loyalty payments, mark-ups etc etc.
10. Substantial reduction in the level of cold calling to Council Officers from Supply
Agencies.
8.
Service Level Requirements
1. We expect requests for Temporary Workers to be made via a web enabling solution in a
format agreed between both parties which will include, as a minimum, the start and
expected end date of the assignment, the job title, associated job profile, ceiling charge
rate and coding for invoicing purposes.
2. Occasionally, it will not be possible to request a Temporary Worker electronically.
Therefore, it is essential that a process is available to make booking requests via phone
or fax. The minimum information required will be as described in 8.1.
3. The Managing Agent will acknowledge receipt of all requests within 30 minutes
electronically.
4. For short notice bookings (same or next day) the Managing Agent will respond with one
or more named individuals within two hours from receipt of the initial request. For next
day plus bookings, the Managing Agent will respond within four hours from receipt of
the initial request.
5. If the request is for a highly specialist role, the Managing Agent will agree with the
Originating Officer the required timescale and provide accurate and timely progress
reports.
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6. As a minimum, the Managing Agent will record all requests from the Council for
Temporary Workers, response times, name of worker allocated, name of supplying
agency, length of placement, the Council budget code charged, job type
(general/professional/technical/administrative) and details of any complaints received.
Further aspects to be agreed with the successful tenderer.
7. The Managing Agent will provide basic LCC induction details (details to be agreed with
the successful tenderer) to all Supply Agencies to enable Temporary Workers to be
briefed prior to arriving on-site.
8. The Managing Agent shall ensure that Temporary Workers supplied under this Contract
have had references checked from at least two previous employers. One reference
must be taken from the immediate past employer. The Managing Agent shall take all
reasonable precautions to ensure the suitability of Temporary Workers supplied to the
Council.
9. Where necessary, the Managing Agent shall ensure that Temporary Workers supplied
under this Contract hold a current and valid CRB (Criminal Records Bureau) check
appropriate to the nature of the work involved.
10. The Managing Agent shall ensure that all Supply Agencies utilised by it in performance
of the Service shall take full account of the sensitivities of children and other vulnerable
persons when performing the Service.
11. If, for any reason, Temporary Workers supplied via the Managing Agent, are found by
the Council, to be unsuitable or incapable of carrying out the work required, or, is found
to be disruptive to other members of staff, the Managing Agent will be notified to
terminate the placement with immediate effect and supply a suitable replacement within
24 hours or at a time agreed with the Originating Officer. A charging structure for such
incidents to be agreed between the parties as part of the implementation programme.
12. The Managing Agent will update all on-line systems in an accurate and timely manner
and have a contingency / disaster recovery plan in the event of any kind of failure which
could have an adverse impact on the Service.
13. The Managing Agent will maintain a list of the Council establishment’s addresses for
use by its staff when dealing with requests. (Original list to be supplied by the Council
on award of the contract).
14. The Managing Agent shall maintain up to date management information systems (in a
format to be agreed as part of the implementation process) to ensure continuous
access to relevant accurate information. A weekly report of the areas agreed between
the parties is to be sent via e-mail to the Council Nominated Officer and other key
stakeholders.
9.
Minimum terms with Supply Agencies
The Managing Agent will be required to enter into contract with Supply Agencies and will
provide the Council with a copy of the proposed Terms and Conditions prior to
implementation. The Council reserves the right to make reasonable additions or changes
to these terms and conditions.
The Managing Agent shall ensure clauses are incorporated to ensure:
1. Compliance with all applicable legislation and employment regulations.
2. Background checks are carried out on all Temporary Workers including:
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a. 2 years references including 1 from the immediate past employer
b. Evidence of eligibility to work legally within the UK
c. Evidence of current Criminal Records Bureau disclosure check
d. Check that professional qualifications are true and accurate
3. Protection of confidentiality
4. Dispute resolution process
5. Adequate and appropriate insurance cover is maintained including Public (£5m
minimum), Professional (£2m minimum) and Employers (£10m minimum) Liability
Insurance. And such vehicle insurance as may be required.
6. Temporary Workers wear suitable clothing (smart and clean at all times) and safety
footwear whilst on duty where necessary
7. A clear process for temp to perm transfers including some form of pro-rata charging
mechanism to be agreed between the parties.
8. A clause clearly stating that the Supply Agency are not prevented from doing business
directly with LCC or any of the Council if, for any reason, the arrangements with the
Managing Agent are terminated or suspended.
9. Any and all intellectual property rights developed by a Temporary Worker whilst
engaged by the Council shall belong to the Council (see clause 28 within the Contract
Conditions).
10.
Sourcing strategy to be employed
In the first instance all current suppliers of Temporary Workers will be assigned to the
successful tenderer who will be responsible for reviewing the current charge rates and
ensuring appropriate terms and conditions are in place. Details of existing and on-going
charge rates are to be made available to the Council as required.
Within the first 4 weeks of the contract being awarded, the Council and the successful
tenderer shall have established an appropriate sourcing strategy which will involve an e-
procurement solution. Dependent on the successful tenderers experience, the Council may
choose to utilise a specialist organisation to facilitate.
Approved and preferred lists of Supply Agency shall be established and maintained, these
lists taking into account the agreed qualification criteria and e-Procurement results, the
weighting of each selection parameter having been agreed between LCC and the
successful tenderer. For other more specialist categories of Temporary Workers, discrete
preferred supplier lists / tiers shall be established.
11.
Outputs
Additional information requirements will be agreed with the successful tenderer as part of
the implementation process. However, the Managing Agent shall provide a weekly report in
a format to be agreed which will include as a minimum:
Fulfilment levels
This will include positions required, positions filled and reasons for non fulfilment.
Length of assignment
Broken down as 1 month or less, 1 – 3 months, 4 – 6 months, 7 - 9 months, 10 – 12
months. The Managing Agent will notify the Council of any assignments approaching 10
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months continuous employment to enable the Council to manage the risk associated with
long term temporary placements.
Hours / spend analysis
Broken down by category of Temporary Worker, Team making the booking and to include
the number of hours utilised and spend during the previous week.
Agency Usage
Broken down by Supply Agencies, spend and headcount supplied.
Order Justification
A report detailing why Temporary Workers are being used. Order justification categories to
be agreed between the parties.
Direct / Indirect Cost Analysis
It is crucial that the Council are able to clearly demonstrate direct and indirect savings
achieved. Therefore, both parties shall agree a mechanism for reporting and demonstrating
the direct and indirect cash savings achieved.
Supply Agency Monitoring
A report detailing which Supply Agencies have been visited as part of the monitoring cycle
within the previous 7 days along with details of any adverse outcomes and remedial actions
agreed.
Training
Indicate how many agency workers that have been identified as needing training have
actually received training.
12.
Monitoring and review
1. During the implementation phase it is expected that the Managing Agent will provide
weekly reports to the Council’s Nominated Officer in a format to be agreed.
2. Reports to be provided on a weekly basis as outlined within paragraph 11 (Outputs) of
this Service Specification
3. Managing Agent performance measurements shall be identified and developed
between the parties during the implementation phase.
4. Monitoring meetings will be held on a fortnightly basis during the implementation phase
and then on a quarterly basis and will include, as a minimum, the information requested
in paragraph 11 (Outputs) to reflect the previous quarters performance. The make up
of the Council’s monitoring group will be notified once known but will consist of the
Council’s Nominated Officer and representatives from services.
5. An on going review will be arranged between both parties and a report detailing the
previous 12 months activity will be required from the Managing Agent in a format and
with content to be agreed between both parties.
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13.
Measures of success
Whilst we envisage developing Measures of Success with the successful tenderer including
who is responsible and accountable for each measure, the following are proposed as a
minimum:
1. 100% of Ordering Officers identified have been contacted and informed of the new
arrangements.
2. 100% of existing Supply Agencies have been contacted and informed of the new
arrangements.
3. Rolling implementation programme established, agreed and started within 4 weeks of
contract award date
4. 100% of orders being placed by Council Ordering Officers via the new system
5. 100% of orders / timesheets being entered onto any new system by Supply Agencies
6. 100% fulfilment levels achieved and maintained
7. 100% of Supply Agencies receive a monitoring visit every six months
8. a significant reduction in overall supply chain costs specifically including the agency fee
element.
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DRAFT ITT Temporary Workers (March 2005)
SECTION C
METHOD STATEMENT AND PRICING
DOCUMENT
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1.
METHOD STATEMENT
The Organisation is required to submit the Method Statement listed below with their
tenders. The Method Statement is to be employed by the tenderer should they be awarded the
Contract in order to comply with the terms of the Contract. The Method Statement therefore
forms a material part of the tender. The Council may wish to negotiate changes in the
Method Statement and may require the Tenderer to provide full details of the procedures to
be implemented for all areas of the Service.
The role of the Method Statement is to allow the Organisation to state the processes and
the inputs / outputs they propose to employ to ensure that the Service Specification is met.
The Council will use the Method Statement to:
• assess the content and quality of tenders presented.
• test that tenderers have understood and related their bids to the requirements of
these tender documents.
• test the sufficiency of the resources in the context of the tenderers intended methods
of working.
The Method Statement should cover:
Accessibility of the service
• process for accessing the service
• responsiveness to requests for service.
• method of matching the required skills to that of the Temporary Worker
• provision of Temporary Worker curriculum vitae and other support documents to
Originating Officer
• contingency / disaster recovery plan
Ongoing support and development of the Service and relationship with the Council
• a structured plan which will ensure full implementation of this contract
• market development including getting existing Supply Agencies signed up to your
Terms and Conditions.
• Process for monitoring service delivery including proposed measures for success
• plan to guarantee best value and competitiveness throughout the term of the contract
• detail how the tenderer will work with the Council to continuously improve the
provision of the Service and achieve continued efficiency gains
Administration and compliance with regulatory requirements
• process and policy for ensuring the vetting of Temporary Workers e g security
checks, police checks, employment checks, immigration checks (where appropriate)
• health & safety policy
• complaints procedure
• confidentiality and disclosure of information policy
• compliance with EU Working Time Directive
• terms and conditions for Supply Agencies
• invoicing process to be employed between Supply Agencies and the Managing Agent
and the Managing Agent and LCC.
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2.
Pricing Document
1.
In the following table, tenderers are invited to make suggestions as to how they
propose to charge the Council’s for the provision of the services outlined within this
ITT. This may be a set management fee, a percentage of any savings achieved, a set
% included on the value of each invoice or any other mechanism deemed appropriate.
Management Fee
2.
The Price quoted shall remain as competitive during the whole of the Contract Period.
The Council Contract Manager shall from time to time during the life of the contract,
monitor the competitiveness of the Managing Agents Price and reserves the right,
after the Managing Agent has been given the opportunity to review his Price structure
on the evidence produced by the Contract Manager, to terminate the Contract if in the
opinion of the Contract Manager the Managing Agents Price structure are no longer
competitive.
3.
The Prices tendered must be inclusive of all fees, management costs, overheads and
expenses incurred to comply with the Contract
4.
All Prices must be quoted in £ sterling and all payments shall be made in £ sterling.
5.
Prices shall remain fixed for the duration of the Contract.
2.1
Breakdown of Price
Tenderers should complete the following table to indicate the overall cost
breakdown of their Management Fee:
Type of Expenditure
% of overall fee
Direct Employees include. NI and Pension
%
Employee Management & Supervision
%
Employee Training
%
Other Employee costs
%
Transport
%
Premises
%
Property Maintenance
%
Stationery/Telephones
%
Equipment
%
Direct profit
%
Other (please specify)
%
%
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2.2
Placement of Staff Introduced by Liverpool City Council
There are occasions when the Council wishes to use known staff (such as former
employees) but would wish them to be administered through the Managing Agent.
In such cases the Council would introduce the person to the Managing Agent and
agree the hourly rate to be paid to the Temporary Worker. The tenderer should
insert below an on-cost percentage to cover the administrative costs, other payroll
costs and any other costs associated with the placement.
On-cost percentage required by the Managing Agent for situations
%
where the City Council introduces a person to the Agency.”
2.3
Transfer of Temporary Workers to Council’s permanent staff
Tenderers shall provide commission rates where the Council recruits a Temporary
Worker onto its payroll as a Council employee. It is expected that these rates
should reflect time already spent in placement with the Council.
Length of service
% Commission payable
2 weeks
4 weeks
6 weeks
8 weeks
10 weeks
12 weeks
14 weeks
Onwards
No commission payable
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SECTION D
GENERAL TERMS AND CONDITIONS
OF CONTRACT
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LIVERPOOL CITY COUNCIL (LCC)
GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE PROVISION OF SERVICES
VARIATION
1 .
These Terms and Conditions may only be varied with the prior written agreement of
Liverpool City Council (LCC).
DEFINITIONS
2.
In these Terms and Conditions of Contract the following definitions shall apply:
'Contractor' means the person, firm or company to whom the Contract is issued;
'Services' means the services to be provided which are specified in the Contract or in any
Purchase Order placed in relation to or arising out of the Contract and shall include any
materials, articles and/or goods necessary to provide the Services;
'Premises' means the location where the services are to be performed;
'Contract' means the agreement between LCC and the Contractor consisting of the
specification, the LCC form of agreement, these Conditions and any other documents, or
parts of documents, specified in the form of agreement;
'Purchase Order' means the formal request from LCC to supply services;
where the services include the provision of computer equipment or software, "Date Format"
means the field configuration which contains the date information within any part of any
computer software or system.
.3.
In all cases the masculine includes the feminine and the singular includes the plural and
vice versa.
HEADINGS
4.
The headings in these Conditions are solely for convenience of reference and shall not
affect their construction or interpretation.
VARIATION OF THE SERVICES
5.
LCC reserves the right to give written notice to the Contractor of modifications to the
quality or quantity of the Services. Any alteration to the Contract price or the completion
date arising from such modifications shall be agreed between the parties. Failing
agreement the matter shall be determined by arbitration in accordance with the
provisions of Clause 49 to 50.
INSPECTION OF PREMISES AND NATURE OF SERVICES
6.
Where Services are to be carried out on LCC premises the Contractor is deemed to have
inspected the Premises before tendering so as to have understood the precise nature and
extent of the Services to be carried out and satisfied himself in relation to all matters
connected with the Services and Premises.- LCC shall grant such access as may be
reasonable for this purpose.
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CONTRACTOR'S STATUS
7.
In carrying out the Services the Contractor shall be acting as principal and not as the agent
of LCC. Accordingly:
a.
the Contractor shall not, and shall procure that their agents and servants do not, say
or do anything which might lead any other person to believe that the Contractor is
acting as the agent of LCC;
b.
nothing in this Contract shall impose any liability on LCC in respect of any liability
incurred by the Contractor to any other person but this shall not be taken to exclude
or limit any liability of LCC to the Contractor which may arise by virtue of either a
breach of this Contract or any negligence or the part of LCC, their staff or agents.
CONTRACTOR'S PERSONNEL
8.
The Contractor shall provide and maintain an Organisation having the necessary facilities
and employees of appropriate qualifications and experience to undertake the tasks
identified in the specification.
9.
All persons employed on work relating to the Contract must have appropriate qualifications
and competencies and be acceptable to LCC in all respects. Where requested full
particulars of all personnel to be used shall be forwarded in advance to LCC for
confirmation of their acceptability.
10.
Where requested the Contractor shall provide LCC with a list of names and official
addresses of all persons who are or may be at any time concerned with the Services or any
part of them, specifying the capacities in which they are to be employed and giving such
other particulars and evidence of identity and any other supporting information which LCC
may reasonably require.
11.
The Contractor shall take all reasonable steps to avoid changes of original personnel
assigned to and accepted for the work under the Contract except where changes are
unavoidable or of a temporary nature caused by sickness, holidays etc. The Contractor
shall give at least one months notice to LCC of proposals to change key personnel and
Clauses 9 and 10 shall apply to the replacement personnel.
12.
The Contractor shall take the steps reasonably required by LCC to prevent unauthorised
persons being admitted to the Premises. Where LCC gives the Contractor notice that any
person is not to be admitted to or is to be removed from the Premises or is not to become
involved in or is to be removed from involvement in the performance of the Contract, the
Contractor shall take all reasonable steps to comply with such notice and if requested by
LCC the Contractor shall replace any person removed under this Condition with another
suitably qualified person and ensure that any pass issued to the person removed is
surrendered.
13.
The decision of LCC as to whether any person is to be admitted to or is to be removed from
the Premises or is not to become involved in or is to be removed from involvement in the
performance of the Contract and as to whether the Contractor has furnished the information
or taken the steps required in Clauses 9 to 12 shall be final and conclusive.
14 The Contractor shall bear the cost of any notice, instruction or decision of LCC under
Clauses 9 to 12.
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MANNER OF CARRYING OUT THE SERVICES
15.
The Contractor shall make no delivery of materials, plant or other things nor commence any
work on the Premises without obtaining the prior consent of LCC.
16.
Access to the Premises shall not be exclusive to the Contractor but only such as shall
enable him to carry out the Services concurrently with the execution of work by others.
The Contractor shall co-operate with such others as LCC may reasonably require.
17.
At any time during the progress of the Services LCC shall have the authority to order, in
writing:
a.
the removal from the premises of any materials which in the opinion of LCC are
either hazardous, noxious or not in accordance with the Contract, and/or
b.
the substitution of proper and suitable materials, and/or
c.
without prejudice to Clauses 20 to 25, the removal and proper re-execution,
notwithstanding any previous test of or interim payment for any work which, in
respect of material or workmanship, is not in the opinion of LCC in accordance with
the Contract.
18.
On completion of the Services the Contractor shall remove their plant, equipment and
unused materials and shall clear away from the Premises all rubbish arising out of the
Services and leave the Premises in the condition as found.
DUTY OF CARE
19.
The Contractor shall be responsible for ensuring that reasonable skill, care and diligence
are exercised in carrying out the Services properly and efficiently in accordance with the
Contract.
DEFAULT
20.
Where the Services, or any portion of the Services, are not carried out within the time or
times specified within the Contract, LCC shall have the option, without prejudice to any of
its other rights or remedies, to:
a.
claim liquidated damages of 0.5% of the purchase order value for each complete
day of delay up to a maximum of 5% of the purchase order value; or
b.
terminate the Contract by giving notice in writing to the Contractor.
21.
Where the Services, or any portion of the Services, are not carried out satisfactorily LCC
shall have the option, without prejudice to any of its other rights or remedies, to terminate
the Contract by giving notice in writing to the Contractor.
22.
Where LCC has terminated the Contract under Clauses 20(b) or 21, and without prejudice
to any other rights or remedies, LCC may obtain all or any of the Services in respect of
which the Contract is so terminated by arranging for those services to be carried out by
alternative means.
23. Where LCC obtains all or any of the Services by alternative means they shall be able to
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recover from the Contractor the amount by which the aggregate of the cost of obtaining
Services in this way exceeds the amount which would have been payable to the Contractor
in respect of all the Services replaced if they had been carried out in accordance with the
Contract.
24.
Where the Contractor fails to carry out any Services in accordance with these Clauses LCC
shall be entitled, without prejudice to any other rights and remedies available, to:
a.
deduct such sum as LCC considers appropriate from any account rendered by the
Contractor in respect of unsatisfactory or delayed Services;
b.
have such Services carried out satisfactorily by other means in accordance with
Clauses 22 to 23 and, in the meantime, debar the Contractor, their servants and
agents from the Premises.
25.
On the occurrence of a relevant termination the Contractor shall, notwithstanding such
termination, co-operate in the transfer of the Services to which the termination relates to
any alternative Organisation under Clause 22 of these Conditions in accordance with
arrangements notified to the Contractor by LCC.
26.
The provisions of Clauses 22 to 25 shall not be invoked where failure to carry out the
Services within time is due to circumstances outside the control of the Contractor.
FREE-ISSUE MATERIALS
27.
Where the Contract requires LCC to issue materials free of charge to the Contractor such
materials shall be and shall remain the property of LCC. The Contractor shall maintain all
such materials in good order and condition and shall use such materials solely in
connection with the Contract. The Contractor shall notify LCC of any surplus materials
remaining after completion of the Services and shall dispose of them as LCC may direct.
Waste of such materials arising from bad workmanship or negligence of the Contractor or
any of their servants, agents or sub-Contractors shall be made good at the Contractor's
expense. Without prejudice to any other rights and remedies of LCC the Contractor shall
deliver up such materials to LCC on demand, whether processed or not.
AUDIT
28.
The Contractor shall maintain, and keep until two years after the Contract has been
completed, records to the satisfaction of LCC of all expenditures which are reimbursable by
LCC and of the hours worked and costs incurred in connection with any employees of the
Contractor paid for by LCC on a time charge basis. The Contractor shall make available to
LCC such access to those records as LCC or its representatives may reasonably request
from time to time.
INDEMNITY AND INSURANCE
29.
The Contractor shall indemnify LCC, its servants and agents against all actions, claims,
demands, costs and expenses incurred by or made against LCC, its servants or agents in
respect of any loss or damage or personal injury, whether fatal or otherwise, which arises
out of or in connection with this Contract.
30. Except in the case of loss, damage or personal injury, whether fatal or otherwise, suffered
by an employee of the Contractor (in respect of which the indemnity in Clause 29 shall
apply whether or not the loss, damage or personal injury was caused by the negligent or
wilful act or omission of LCC, or any servant or agent of LCC) the indemnity contained in
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Clause 29 shall not apply to the extent that the loss, damage or injury is caused by the
negligent or wilful act or omission of LCC, or any servant or agent of LCC.
31. The Contractor shall have in force and shall require any sub-Contractor to have in force:
a.
employer's liability insurance in accordance with any legal requirements for the time
being in force, and
b.
public liability insurance for such sum and range of cover as the Contractor deems
to be appropriate but covering at least all matters which are the subject of
indemnities or compensation obligations under these Conditions in the sum of not
less than £2,000,000 for any one incident and unlimited in total.
32.
The policy or policies of insurance referred to in Clause 31 shall be available on request to
LCC together with satisfactory evidence of payment of premiums.
SAFETY
33.
The Contractor shall be responsible for the observance by himself, their employees and
sub-Contractors of all safety precautions necessary for the protection of himself, their
employees, sub-Contractors and any other persons including all precautions required to be
taken by or under any Act of Parliament including any regulations or bye-law of any local or
other authority. The Contractor shall co-operate fully with LCC to ensure the proper
discharge of these duties.
ACCIDENTS TO CONTRACTOR'S SERVANTS OR AGENTS
34.
Accidents to the Contractor's servants or agents which ordinarily require to be reported in
accordance with the Health and Safety at Work etc. Act 1974, shall be reported
immediately to LCC.
SPECIAL HEALTH AND SAFETY HAZARDS
35.
Throughout the life of the Contract LCC shall notify the Contractor of any known special
health and safety hazards which may be involved or introduced on site and which may
affect the Contractor. The Contractor shall similarly notify LCC of any hazards which may
affect LCC.
36.
The Contractor shall draw any such health and safety hazards to the attention of their
employees and sub-Contractors or any other persons under their control engaged on the
work being performed on the site. Arrangements shall be made by the Contractor so that
such persons and other persons employed by or controlled by sub-Contractors and working
on the Contractor's tasks on the site are adequately informed and instructed on the hazards
and any necessary associated safety measures.
THE PRICE
37.
The price of the Services shall be as stated in the Contract.
INVOICING AND PAYMENT
38. Invoices for the provision of Services shall be submitted at agreed intervals during the
Contract period.
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39. Payment will be made within 30 days of receipt and agreement of invoices for Services
provided to the satisfaction of LCC.
40. Any complaints which may arise concerning late payment of invoices should be addressed
in the first instance to the purchasing manager at the address shown within the Contract as
the invoice point. Where a Contractor is not satisfied with the response they may write to
The Procurement Manager at Municipal Buildings who will see that their complaint is
followed up promptly and fairly. LCC aims to reply to complaints within I0 working days.
VALUE ADDED TAX (VAT)
41. Where applicable the prevailing rate and total of Value Added Tax (VAT) shall be shown
separately on all invoices.
PATENTS AND INFORMATION
42. It is a condition of the Contract that the Services will not infringe any patent, trade
mark, registered design, copyright or other right in the nature of industrial property of any
third party, except to the extent that the Services incorporate designs furnished by LCC,
and the Contractor shall indemnify LCC against all actions, claims, demands, costs and
expenses which LCC may suffer or incur as a result of or in connection with any breach of
this Condition.
43. All rights, including ownership and copyright in any specifications, instructions, plans,
drawings, patents, models, designs, documents or other materials:
a.
furnished to or made available to the Contractor by LCC are hereby assigned to and
shall vest in LCC absolutely,
b.
prepared by or for the Contractor for use, or intended use, in relation to the
performance of this Contract are hereby assigned to and shall vest in LCC
absolutely, and (without prejudice to Clause 46) the Contractor shall not and shall
ensure that their servants and agents shall not (except to the extent necessary for
the implementation of this Contract) without prior written consent of LCC use or
disclose any such specifications, instructions, plans, drawings, patents, models,
designs, documents or other material or any other information (whether or not
relevant to this Contract) which the Contractor may obtain through the execution of
this Contract, except information which is in the public domain otherwise than by
reason of a breach of this provision, and in particular the Contractor shall not refer
to LCC or the Contract in any advertisement without the prior written consent of
LCC.
44. The provisions of Clauses 42 to 43 shall apply during the continuance of this Contract and
after its termination howsoever arising.
FREEDOM OF INFORMATION ACT 2000
45
The Contractor recognises that the Council is subject to legal duties which may
require the release of information under FOIA or the Environmental Information Regulations
2004 or any other applicable legislation or codes governing access to information and that
the Council may be under an obligation to provide information on request. Such information
may include matters relating to, arising out of or under this Agreement in any way.
46 Not withstanding anything in this Agreement to the Contrary ,in the event that
the Council receives a request for information under the FOIA or any other applicable
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legislation governing access to information, the Council shall be entitled to disclose all
information and documentation (in whatever form) as necessary to respond to that
request in accordance with the FOIA or other applicable legislation governing access
to information, save that in relation to any such information that is Exempted
Information, the Council shall use reasonable endeavours to consult[the Contractor as
soon as reasonably practicable and shall not:
(a)confirm or deny that the information in question is held by the Council, or
(b) disclose the information requested,to the extent that in the Council opinion
(having taken into account the views of the Contractor) that exemption is or may
be applicable in accordance with the relevant section of the FOIA in the
circumstances.
47
In the event that the Council incurs any costs, including but not limited to external
legal costs, in seeking to maintain the withholding of the information, including but
not limited to responding to information notices or lodging appeals against a
decision of the Information Commissioner in relation to the disclosure, the
Contractor shall indemnify the Council.
48 In the event, the Council shall not be liable for any loss, damage, harm or other
detriment however caused arising from the disclosure of any Exempted
Information or other information relating to this Agreement under FOIA or other
applicable legislation governing access to information.
49
The Contractor will assist the Council to enable the Council to comply with its
obligations under FOIA or other applicable legislation governing access to
information. In particular it acknowledges that the Council is entitled to any and all
information relating to the performance of this Agreement or arising in the course of
performing this Agreement. In the event that the Council receives a request for
information under the FOIA or any other applicable legislation governing access to
information, and requires the Contractor assistance in obtaining the information that
is the subject of such request or otherwise, the Contractor will respond to any such
request for assistance from the Council] at its own cost and promptly and in any
event within
5 working days of receiving the Council request.
50
The Council agrees that it will consult the contractor, following its receipt of a
request for information under the FOIA where:-
a) disclosure of information in response to a request might prejudice the legal
rights or commercial interests of the contractor
b) the views of the contractor may assist the Council in determining whether an
exemption under the FOIA would apply to the information requested
c) the views of the contractor may assist the Council to determine where the
public interest lies under section 2 of the FOIA
51
The contractor agrees to respond to any consultation from the Council under
12.6 above, within 5 working days and notes...
a) that the Council may be obliged, in pursuance of its duties under the FOIA, to
release information in any event if the Contractor does not respond.
b) that the decision to disclose information in response to a request is that of the
Council alone, having regard to the provisions of the FOIA
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DISCRIMINATION
52 The Contractor shall:
a) in performing the contract comply with the provisions of S.71(1) of the Race
Relations Act 1976(as amended)(the “Act”) as if the Contractor were a body within
the meaning of Schedule 1A of the Act (or any European equivalent which shall be
deemed to include without limitation an obligation to have due regard to the need to
eliminate unlawful racial discrimination and to promote equality of opportunity and
good relations between persons of different racial groups.
b) Comply with the provisions of Parts II,III & IV of the Act, where appropriate.
c) Comply with the provisions of S.7 of the Act in all dealings with the Sub-Contractors
d) Not discriminate directly or indirectly against a person because of their colour, race,
nationality or ethnic or national origin in decisions to recruit, train, promote,
discipline or dismiss employees and
e) For the purpose of ensuring compliance with the sub-clauses above, observe as far
as possible the provisions of the Commission for Racial Equality’s Code of Practice
in Employment.
Where in connection with this agreement the Contractor, its agents or Sub-contractors or
the Contractor staff are required to carry out work on the Authority’s premises or on any
other premises where the Authorities employees are required to carry out work, the
Contractor shall, to the extent required to comply with Clause a), comply with the
Authority’s own employment policy and codes of practice relating to racial discrimination
and equal opportunities.
12 months from the date of this agreement and annually thereafter submit a report
statement to the Authority demonstrating compliance with clauses a) to c)
in addition to the report statement referred to above, the Contractor shall provide such
additional information as the Authority may reasonably require for the purpose of assessing
the Contractor’s compliance with clauses a) to c)
where the Contractor commits a breach in respect of clauses a) to c) which amounts to a
failure to meet the Service Levels, the provision of clause 2 (service levels and remedies)
shall apply.
The Contractor shall notify the Authorised Officer forthwith in writing as soon as it becomes
aware of any investigation of or proceedings brought against the Contractor under the Act.
Where any investigation is undertaken by a person or body empowered to conduct such
investigations and/or proceedings are instituted in connection with matters referred to in this
agreement being in contravention of the Act, the Contractor shall free of charge
a) Provide any information requested in the timescales allotted
b) Attend any meetings as required and permit Contractor staff to attend
c) Promptly allow access to and investigation of any documents or data deemed to be
relevant
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d) Allow itself and any Contractor staff to appear as witness in any ensuing
proceedings; and
e) Cooperate fully and promptly in every way required by the person or body
conducting such investigation during the course of that investigation
Where any investigation is conducted or proceedings are brought which arise directly or indirectly
out of any act or omission of the Contractor, its agents or Sub-contractors, or the Contractor’s staff,
and where there is a finding against the Contractor in such investigation or proceedings, the
Contractor shall indemnify the Authority with respect to all costs, charges and expenses (including
legal and administrative expenses) arising out of or in connection with any such investigation or
proceedings and such other financial redress to cover any payment the Authority may have been
ordered or required to pay to a third party.
In the event that the Contractor enters into any sub-contract in connection with this agreement, it
shall impose obligations on its Sub-contractors in terms substantially similar to those imposed on it
pursuant to clause 52.
CORRUPT GIFTS AND PAYMENT OF COMMISSION
53. The Contractor must not offer or give, or agree to give, to any member or officer or servant
of LCC any gift or consideration of any kind as an inducement or reward for doing or
refraining from doing, or for having done or refrained from doing, any act in relation to the
obtaining or execution of this or any other Contract for LCC or for showing or refraining
from showing favour or disfavour to any person in relation to this or any other Contract for
LCC.
54
Any breach of Clause 46 by the Contractor or by anyone employed by them or acting
on their behalf (whether with or without the knowledge of the Contractor) shall entitle LCC
to terminate this contract summarily and recover from the Contractor the amount of any
loss resulting from such termination. (Note. The attention of the Contractor is drawn to the
criminal offence provisions of the Prevention of Corruption Acts 1889 to 1916).
(Note: Nothing contained in Clauses 46 and 47 prevents the Contractor paying such
commissions or bonuses to their own staff as are within their agreed Contract of
Employment).
ARBITRATION
55. Disputes, differences or questions between the parties to any Contract with respect to any
matter arising out of or relating to the Contract other than a matter as to which the decision
of LCC is to be final and conclusive and except as may be otherwise provided in the
Contract shall be referred to the Arbitration of two persons, one to be appointed by LCC
and one by the Contractor, or their Umpire, in accordance with the provisions of the
Arbitration Act 1950, 1975, 1979 and 1996 or any statutory modification or reenactment
thereof.
56
Where it is considered appropriate, subject to the agreement of both parties, alternative.
methods of dispute resolution shall be considered including adjudication and mediation.
LEGITIMACY OF THE WORKFORCE
57
. The Contractor shall take all reasonable steps to ensure that any servants, employees or
agents of the Contractor and any sub-Contractors, their servants or agents, employed in
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the execution of the Contract are entitled to obtain employment in the United Kingdom and
are not claiming Unemployment Benefit or any other Benefit payable to persons registered
as unemployed.
TERMINATION
58.
Without prejudice to any other rights or remedies of LCC under this Contract LCC shall
have the right to terminate this Contract forthwith by written notice to the
Contractor or their trustee in bankruptcy or receiver or (if a company) liquidator or
administrator and may complete the services, or have them completed by a third party,
using for that purpose (making a fair and proper allowance in any payment subsequently
made to the Contractor) all materials, plant and equipment on the premises belonging to
the Contractor, and LCC shall not be liable to make any further payment to the Contractor
until the Services have been completed in accordance with the requirements of the
Contract, and shall be entitled to deduct from any amount due to the Contractor the costs
therefore incurred by LCC including LCC's own costs:
a.
where the Contractor is an individual and if a petition is presented for the
Contractor's bankruptcy or a criminal bankruptcy order is made against the
Contractor, or the Contractor makes any composition or arrangement with or for the
benefit of creditors, or makes any conveyance or assignment for the benefit of
creditors or if an administrator is appointed to manage its affairs; or
b.
where the Contractor is not an individual but is a firm or a number of persons acting
together in any capacity, if any event in any Clause of this Condition occurs in
respect of any partner in the firm or any of those persons or a petition is presented
to, the Contractor to be wound up as an unregistered company; or
c.
where the Contractor is a company, if the company passes a resolution for winding-
up or dissolution (other than for the purposes of and followed by an amalgamation
or reconstruction) or the court makes an administration order or a winding-up order,
or the company makes a composition or arrangement with its creditors, or an
administrative receiver, receiver or manager is appointed by a creditor or by the
court, or possession is taken of any of its property under the terms of a floating
change; or
d.
where the Contractor shall have committed a material breach of this Contract and, if
such breach is capable of remedy, shall have failed to remedy such breach within
thirty days of being required by LCC to do so; or
e.
where the Contractor is an individual and shall die or be adjudged incapable of
managing their affairs within the meaning of Part V11 of the Mental Health Act 1983.
59.
Where the total costs to LCC of completing the Contract itself or having it completed by a
third party exceed the amount (if any) due to the original Contractor, the difference shall be
recoverable by LCC from the Contractor.
60
In addition to its rights of termination under Clauses 51 and 52 LCC shall be entitled to
terminate this Contract by giving to the Contractor not less than thirty days notice to that
effect.
61.
Termination under Clauses 51 to 53 shall not prejudice or affect any right of action or
remedy which shall have accrued or shall thereupon accrue to LCC and shall not affect the
continued operation of Clauses 42 to 44 and 47 of this Contract.
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RECOVERY OF SUMS DUE
62. Wherever under this Contract any sum of money is recoverable from or payable by the
Contractor, that sum may be deducted from any sum then due, or which at any later time
may become due, to the Contractor under this Contract or under any other agreement or
Contract with LCC.
ASSIGNMENT AND SUB-CONTRACTING
63. The Contractor shall not assign the benefit or burden of the Contract or any part
thereof without the written permission of LCC.
64
No sub-contracting by the Contractor shall in any way relieve the Contractor of any of
their responsibilities under the Contract.
65
Where LCC has consented to the placing of sub-contracts, copies of each sub-contract
shall be sent to LCC by the Contractor immediately it is issued.
PROMPT PAYMENT TO SUB-CONTRACTORS
66. Where the Contractor enters into a sub-contract with another person for the purpose of
performing the Contract, he shall include a term in the sub-contract which requires payment
to be made to that sub-contracted person within a specified period not exceeding 30 days
from receipt of a valid invoice as defined by the sub-contract requirements.
WAIVER
67. The failure of either party to enforce any provision of the Contract at any time shall not
affect any future right to require complete performance by the other party, nor shall the
waiver of any individual breach of any provision be taken or held to be a waiver of any
subsequent breach of that or any other provision.
CURRENT REMEDIES
68. The rights of remedy available to either party shall include both the rights or remedies
contained in these Conditions and those available under English Law. These rights of
remedy may be enforced concurrently.
NOTICES
69. Any notice given in connection with the Contract may be sent by hand or by post or by
registered post or by the recorded delivery service or transmitted by telemessage, facsimile
transmission or other means of telecommunication resulting in the receipt of a written
communication in permanent form. When it is sent or transmitted to the address of the
party shown in the Purchase Order or Contract, or to any other address agreed between
the parties, it shall be deemed effectively to be given on the day when in the ordinary
course of the means of transmission it would first be received by the addressee in normal
business hours.
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GOVERNING LAW 70
These Conditions shall be governed by and construed in accordance with English law and
the Contractor hereby irrevocably submits to the jurisdiction of the English courts. The
submission to such jurisdiction shall not, and shall not be construed so as to limit the right
of LCC to take proceedings against the Contractor in any other court of competent
jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the
taking of proceedings in any other jurisdiction, whether concurrently or not.
RE-LETTING
71.
In case the contract shall be so determined as aforesaid the Council may relet the contract
or
any part thereof under the same or such other conditions as the Council may think fit, or
may enter into a new contract with other Contractors for provision of the services
mentioned or referred to in the contract or in the schedule hereto. Provided always that the
Contractor shall be liable for and shall pay and make good to the Council and all other
persons or parties, legally entitled thereto all losses, damages, costs, charges and
expenses they or any of them may incur or be put to or liable to by reason or in
consequence of such re-letting as aforesaid for and during the period mentioned in the
Form of Tender and shall indemnify and save harmless the Council and any such person or
parties as aforesaid from and against all actions, suits, claims and demands whatsoever by
reason or on account thereof of the Council may deduct, and retain or pay over to such
other persons or parties entitled as aforesaid the amount of such losses, damages, costs,
charges or expenses out of any amounts in the hands of the Council due to accruing due to
the Contractor, but in the event of there being no sum due from the Council to the
Contractor then such losses, damages, costs, charges and expenses shall be recoverable
by the Council from the Contractor as liquidated damages.
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