Item 13(d)
PENZANCE COUNCIL – 18 JANUARY 2021
REPORT FOR DECISION PENLEE HOUSE INDEPENDENT REVIEW - SCOPE
Link to Strategic Plan or other Town 3.1 PZC to determine a clear vision for the Council Policy long term support of Penlee House.
Recommendations
That Penzance Council approves the tender documents which will be advertised on Contracts Finder to procure a consultant(s) to undertake the Penlee House Independent Review.
And
To delegate responsibility for the selection of the Consultant to the Councillors on the Penlee House Task & Finish Group (Cllrs. Axford, Broadhurst, Cliffe, Lambourn, Young).
Background:
Determining a clear vision for the long term support of Penlee House is an objective in the Council’s Strategic Plan.
On 16 November 2020, Penzance Council approved that an Independent Review of Penlee House should take place. A Task & Finish Group was assembled to oversee this task.
This group has worked on the tender documents, sent to councillors via email and available to read on the Penzance Council website, and recommends it to the Full Council for approval.
The Key objectives of the Tender are:
i) Define the public benefit of Penlee House, including who the Gallery and Museum serves and who is it not serving?
ii) Assess the effectiveness of the existing governance model, explore different governance models and produce a series of options and recommendations for improvements.
iii) Review Penlee House’s current business model, exploring value for money and options for alternative business models. Item 13(d) iv) Review of the vision and mission of the gallery and museum - putting forward recommendations for future vision, mission and objectives that are informed by considerations of the consultation and future operating model.
v) Review the current operating model and the current offer
vi) Set out wider considerations of threats and risks to future sustainability including implications due to COVID-19
Cllr Nicole Broadhurst Chair of the Penlee House Independent Review Task & Finish Group
Volume for Information
Volume One (1)
Contract for: Organisational and Financial Review of Penlee House Gallery & Museum
January 2021
INVITATION TO TENDER (ITT)
Background Information, Instructions and Conditions of Tender
Applicants should read this Volume first
If you would like this information in another format, please email: [email protected]
Contents
Information and Instructions ...... 3
Section 1 – About the Council ...... 3 1.1 The Council ...... 3 Section 2 – About the Tender ...... 4 2.1 The Tender ...... 4 2.2 Contract Period ...... 4 2.3 Insurance Levels ...... 5 2.4 Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) (as amended) ...... 5 Section 3 - About the Procurement Process ...... 6 3.1 Procurement Procedure ...... 6 3.2 Instructions for Completion ...... 6 3.3 Clarification Process ...... 6 3.4 Council Authorised Representative ...... 7 3.5 Format of Response / Submission ...... 7 3.6 Validity Period ...... 7 3.7 Procurement Timetable...... 7 3.8 Eligible Users ...... 8 3.9 Evaluation Approach ...... 8 3.10 Selection Questionnaire ...... 9 3.11 Award Criteria ...... 12 3.12 Scoring Guidelines ...... 13 3.13 Commercial / Price Evaluation...... 13 3.14 Notification of Award ...... 14 Section 4 – Conditions of Tender ...... 15 4.1 Council’s Warranties and Disclaimers ...... 15 4.2 Bribery Act ...... 15 4.3 Public Services (Social Value) Act ...... 15 4.4 Freedom of Information Act 2000 and Environmental Information Regulations 2004 and Data Protection Act 2018 ...... 16 4.5 Transparency in Local Government ...... 16 4.6 GDPR and Data Protection Act 2018 ...... 16 4.7 Counter Terrorism and Security Act 2015 ...... 17 4.8 Modern Slavery Act 2015 ...... 17 4.9 Late Payment Directive 2015 ...... 17 4.10 Study of the Document ...... 17 4.11 Consortia and Sub-contracting ...... 18 4.12 Ownership ...... 19 4.13 Discrepancies, Omissions and Enquiries concerning the Documents ...... 19 4.14 Terms and Conditions ...... 19 4.15 Clarification and Circular Advices ...... 20
1
4.16 Completion of the Document ...... 20 4.17 Applicant Site Visits ...... 21 4.18 Alternatives and Variations ...... 21 4.19 Return of Document ...... 21 4.20 Applicant’s Warranties ...... 21 4.21 Evaluation of Bids ...... 22 4.22 Applicant’s Price...... 22 4.23 Errors and Omissions in the Applicant’s Bid ...... 22 4.24 Abnormally Low Bids ...... 23 4.25 Acceptance of Offers ...... 23 4.26 Award of Contract ...... 23 4.27 Rejection of Offers ...... 23 Definitions ...... 25
2 Information and Instructions
Section 1 – About the Council 1.1 The Council
1.1.1 Penzance Council (the Council) is the administrative authority for the most westerly large town in England and is the gateway to the beautiful Penwith Peninsula. Sited within the shelter of Mount's Bay, Penzance is an historic port and a centre of tourism, as well as a busy town.
1.1.2 Penzance also includes within its civic boundaries the working port of Newlyn and the picturesque villages of Mousehole, Gulval and Paul, as well as the residential village of Heamoor.
1.1.3 See also: https://www.penzancetowncouncil.co.uk/
3 Section 2 – About the Tender 2.1 The Tender
2.1.1 The Council is tendering for a Contractor for the organisational and financial review of Penlee House Gallery & Museum. Penlee House is an Arts Council England Accredited Museum and has Arts Council England National Portfolio Organisation (NPO) status.
2.1.2 Penlee House is owned and operated by Penzance Council. This document sets out the requirements, timetable and process for the Tender of the service and details of the information required to be submitted in order to be considered for the Contract.
2.1.3 Key objectives of the Tender are:
i) Define the public benefit of Penlee House, including who the Gallery and Museum serves and who is it not serving?
ii) Assess the effectiveness of the existing governance model, explore different governance models and produce a series of options and recommendations for improvements.
iii) Review Penlee House’s current business model, exploring value for money and options for alternative business models.
iv) Review of the vision and mission of the gallery and museum - putting forward recommendations for future vision, mission and objectives that are informed by considerations of the consultation and future operating model.
v) Review the current operating model and the current offer
vi) Set out wider considerations of threats and risks to future sustainability including implications due to COVID-19
2.1.4 Full details around the Tender and the consultancy Services required can be found in the accompanying documentation, including:
Volume 2 – Applicants Offer (inc. Brief)
Schedule 1 – Price Schedule
Appendix 1 – Penlee House Financial Information
Appendix 2 - Terms and Conditions
2.1.5 This is a consultancy opportunity and deemed outside of IR35. We expect all data to be kept according to GDPR.
2.2 Contract Period
2.2.1 It is intended that any resultant Contract shall commence as soon after receipt of formal letter of award as may be agreed. Please refer to timetable.
4 2.3 Insurance Levels
2.3.1 Employer’s Liability Insurance The Council’s minimum requirement for Employer’s Liability Insurance is £5m.
2.3.2 Public Liability Insurance
The Council’s minimum requirement for Public Liability Insurance is £5m.
2.3.3 Professional Indemnity
The Council’s minimum requirement for Professional Indemnity Insurance is £1m. 2.4 Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) (as amended)
2.4.1 It is the responsibility of the Applicant to consider whether or not TUPE is likely to apply in the particular circumstances of this tender exercise and to act accordingly. Applicants should therefore take their own advice regarding the likelihood of TUPE applying. It is the view of the Council that TUPE does not to apply to this tender. 2.4.2 The Town Council shall comply with its obligations under TUPE in respect of each Relevant Transfer pursuant to this agreement and the Applicant shall comply and shall ensure that each of its sub-contractors shall comply with its obligations in respect of each Relevant Transfer pursuant to this agreement. The Town Council and the Applicant shall indemnify the other against any direct losses sustained as a result of any breach of the TUPE Regulations by the party in default. 2.4.3 As stated above the Town Council believes that TUPE does not apply to this contract. For more information please use the websites listed below: www.gov.uk/transfers-takeovers http://www.opsi.gov.uk
5 Section 3 - About the Procurement Process
3.1 Procurement Procedure
3.1.1 One-stage Tender process below Threshold (Services). 3.1.2 The Council is issuing this Invitation to Tender (ITT) and is inviting expressions of interest and Bids from Applicants in response to the published Contract Notice. 3.1.3 The procurement process selected is the Open Procedure in line with the Public Contracts Regulations 2015, which means that all Applicants that submit a Bid shall be evaluated in accordance with the Selection / Award criteria and process outlined within this document and the information provided by the Applicant in Volume 2 and Schedule 1 (Price Schedule) shall be used by the Council as the means to make a Contract award decision.
3.2 Instructions for Completion
3.2.1 All responses must be written in English and costs submitted are to be presented in Pounds Sterling, exclusive of VAT, but inclusive of all other costs where not stated in the Pricing Document. 3.2.2 Where details are provided by the Applicant in literature that they submit in connection with the response, they must ensure that clear cross-references are given to the Council. 3.2.3 The following documents must be completed, signed and returned with the tender: • Certificates and Declarations • Selection Questionnaire • Specification Response / Method Statements • Pricing Schedule
3.2.4 Any information relating to the Council and supplied by the Council shall be kept by the Applicant in strictest confidence. 3.2.5 Applicants are advised that the Council is not bound to accept the lowest tender submitted, nor to reimburse any expense incurred during the process.
3.3 Clarification Process
3.3.1 All clarification enquiries should be directed to the Authorised Representative shown below and by no later than the date indicated in the Procurement Timetable detailed elsewhere in this document. 3.3.2 Applicants are advised that where such enquiries have been made, and it is appropriate to do so, the Council will provide access to all Applicants and interested parties a copy of the Clarification and the written reply, with anonymity preserved. 3.3.3 The process for providing updates on Clarification will be via publishing updates on the Council’s website where the tender is published and via Contracts Finder. In addition, Applicants and interested parties are asked to provide their contact details to the Council’s Authorised Representative whereby the Council will endeavour to provide relevant updates to the contact point provided.
6 3.4 Council Authorised Representative
3.4.1 No person in the Council’s employ or other agent, except as so authorised by the Council Authorised Representative, has any authority to make any representation or explanation to Applicants as to the meaning of the Contract or any other document or as to anything to be done or not to be done by Applicants or the successful Applicant or as to these instructions or as to any other matter or thing so as to bind the Council.
Council Authorised Representative contact details:
Anna Renton (Director)
Email: Anna Renton [email protected]
3.5 Format of Response / Submission
3.5.1 The response must be delivered by no later than the time and date stated in Volume 2 3.5.2 When submitting your response, please be aware of the speed of your Internet connection, your system configuration and general web traffic that may impact on the time required to complete the transaction. Loading and submitting of the tender must be completed by the final submission time.
3.6 Validity Period
3.6.1 The Tender response must remain valid for acceptance for a period of 90 days from the return date.
3.7 Procurement Timetable
3.7.1 This procurement will follow a structured and transparent process, to ensure that all Applicants are treated equally. Anticipated key dates for this procurement are:
Procurement Stage Applicable to Dates
Publication of advert and issue procurement documents SQ/ITT 20 Jan 2021
Latest date for Clarification questions to be submitted by SQ/ITT 20 Feb 2021
Clarification responses to be issued by SQ/ITT 26 Feb 2021
Bid Deadline (noon) SQ/ITT 3 March 2021
Notification of Contract award ITT 27 March 2021
Contract start and project initiation meeting ITT March 2021
Progress meeting ITT May 2021
Deadline for written report ITT 1 Sept 2021
7 Contract end 30 Sept 2021
3.7.2 The Council reserves the right to change the above timetable and Applicants will be notified accordingly if there is a change.
3.8 Eligible Users
3.8.1 The Council is not procuring on behalf of any other users, and therefore this section is “Not Applicable” 3.9 Evaluation Approach
3.9.1 Bids will be evaluated in two parts:
• Selection
• Award 3.9.2 The Council will first evaluate the Selection Questionnaire (SQ) response. Applicants not satisfying the elements of the SQ will be excluded from the remainder of the process and their bid shall not be considered further. Applicants who satisfy the SQ stage will have the remainder of their bid evaluated in accordance with the Award Criteria.
8 3.10 Selection Questionnaire
3.10.1 Selection is the process by which the Council is able to assess the suitability of the Applicant to undertake work on behalf of the Council. The questions asked within Selection Questionnaire are compliant with Regulation 57 of the Public Contracts Regulations 2015. 3.10.2 The Council requires all Applicants to complete all sections of the Selection Questionnaire included within Volume Two (2) Applicant’s Offer and submit in accordance with the submission requirements outlined within this Volume One (1). Any Applicants who do not fully meet the requirements of or misrepresent any information or evidence provided in relation to Regulation 57 may be excluded from further consideration.
3.10.3 The Applicant’s responses to the Selection questions should be succinct, concise and as brief as possible and self-contained not referring to additional documents or other supporting statements other than the European Single Procurement Document (ESPD). The Council will accept submission of the following parts/sections of the ESPD as part of any submission: i. ESPD Part II (A,B,C,D)
ii. ESPD Part III (A,B,C,D)
3.10.4 Where Applicants choose to submit all or any part of the ESPD in place of an element required in the Selection questions this must be clearly identified and referenced by the Applicant. Any ESPD responses will be assessed in the same way as any other response. Potential Supplier Information and Exclusion Grounds: Part 1 and Part 2. 3.10.5 This standard Selection Questionnaire is a self-declaration, made by you (the potential supplier), that you do not meet any of the grounds for exclusion. If there are grounds for exclusion, there is an opportunity to explain the background and any measures you have taken to rectify the situation (we call this self-cleaning). 3.10.6 A completed declaration of Part 1 and Part 2 provides a formal statement that the organisation making the declaration has not breached any of the exclusion’s grounds. Consequently, we require all the organisations that you will rely on to meet the selection criteria to provide a completed Part 1 and Part 2. 3.10.7 For example, these could be parent companies, affiliates, associates, or essential sub- contractors, if they are relied upon to meet the selection criteria. This means that where you are joining in a group of organisations, including joint ventures and partnerships, each organisation in that group must complete one of these self-declarations. Sub-contractors that you rely on to meet the selection criteria must also complete a self-declaration (although sub-contractors that are not relied upon do not need to complete the self- declaration). 3.10.8 Alternatively you can submit the completed Exclusion Grounds of the EU ESPD (Part III) as a downloaded XML file as an appendix to your Submission.
9 Supplier Selection Questions: Part 3 3.10.9 If you are bidding on behalf of a group (consortium) or you intend to use sub-contractors, you should complete all of the selection questions on behalf of the consortium and/or any sub-contractors. 3.10.10 If the relevant documentary evidence referred to in the Selection Questionnaire is not provided upon request and without delay, we reserve the right to amend the contract award decision and award to the next compliant bidder. Consequences of misrepresentation 3.10.11 If you seriously misrepresent any factual information in filling in the Selection Questionnaire, and so induce an authority to enter into a contract, there may be significant consequences. You may be excluded from the procurement procedure, and from bidding for other contracts for three years. If a contract has been entered into you may be sued for damages and the contract may be rescinded. If fraud, or fraudulent intent, can be proved, you or your responsible officers may be prosecuted and convicted of the offence of fraud by false representation, and you must be excluded from further procurements for five years. 3.10.12 The Council proposes to use the following criteria to evaluate Selection Questionnaire submissions: Section Title Type of Question Weighting (%)
Part 1 Potential supplier Information only Not evaluated and scored information Part 2 Exclusion grounds Pass/fail In the event of a supplier (Mandatory and Grounds being awarded a ‘fail’, the for discretionary exclusion) remainder of their submission will not be evaluated and they will be eliminated from the process. NOTE ON EVALUATION: Ideally the Council would be seeking confirmation that the Contractor has not been or is not currently in breach of any of the Grounds for Exclusion. If Grounds for Exclusion have applied or currently apply, then the Council would be seeking clarity on what measures have been put in place to self-cleanse as set out by the Regulations. Where Grounds for Exclusion previously applied or currently apply and suitable evidence and measures to self-cleanse cannot be demonstrated, this will be deemed a “fail”. Reference will be made to Crown Commercial Services Procurement Policy Note: Standard Selection Questionnaire (SQ) Action Note 8/16, 9 September 2016 – Appendix C. See: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/f ile/558531/PPN_8_16_StandardSQ_Template_v3.pdf
Part 3 Section 7 Modern Slavery Act 2015 Pass/Fail In the event of a supplier being awarded a ‘fail’, the remainder of their submission will not be evaluated and they will
10 be eliminated from the process. NOTE ON EVALUATION: If a relevant organisation, then the Council would be seeking evidence that the Contractor is compliant with the Modern Slavery Act. If the organisation is a relevant organisation and not compliant then this would be deemed a “fail”.
Part 3 Section 8 Insurance Pass/Fail In the event of a supplier being awarded a ‘fail’, the remainder of their submission will not be evaluated and they will be eliminated from the process. NOTE ON EVALUATION: The Council would be seeking confirmation that the required insurance and levels of insurance exist, and that they would be maintained during any contract that would be awarded, or in the case that they do not exist currently that the Contractor would firstly be able to obtain the required levels of insurance and would if successful in the Tender actually obtain that insurance. If this cannot be demonstrated, then this would be deemed a “fail”
Information Only Questions
3.10.13 These must be completed but will be used for information purposes only and not scored. However, failure to provide sufficient information as requested may still lead to disqualification for non-compliance. It is important that where a question does not apply this is recorded as ‘Not applicable’ or ‘None’ in the spaces provided.
11 3.11 Award Criteria
3.11.1 Award is the process that considers the extent to which the Applicant’s Bid delivers the Most Economically Advantageous solution to the Council’s requirements and as such Applicants responses to the questions asked should give a clear indication of what the organisation is offering for the quoted price. 3.11.2 The Council requires all Applicants to provide a response to the method statements included in Volume Two (2) Applicant’s Offer and Schedule 1 Pricing Schedule and submit in accordance with the submission requirements outlined within this Volume One (1). 3.11.3 The Council has not provided a word limit for responses to the Award questions however, the Council would like to inform Applicants that responses should be relevant to the question and be proportionate in length. Supporting information may be submitted, provided that it is clearly referenced in the question to which it relates and appended to the main bid. 3.11.4 The following Award criteria and weightings will be applied in the evaluation of the Applicants response:
Evaluation Criteria Breakdown Means of Evaluation
Main Sub Criteria Criteria
Criteria: Quality 60%
Past experience (20%) (20%)
Methods and approach (20%) (20%)
Knowledge and skills (20%) (20%)
Criteria: Price 40%
Grand Total (see Price Schedule 1) 100%
12 3.12 Scoring Guidelines
3.12.1 The quality questions asked of Applicants as part of their response to the tender shall be scored using the marking system described within this section. Applicants should refer to the Council’s requirements to ensure that they are met. All scored question shall be evaluated in accordance with the guidelines below:
Scoring Matrix for Quality Criteria
Score Judgement Interpretation
5 Excellent Exceptional demonstration of the relevant ability, understanding, experience, skills, resource and/or quality measures required to provide the services. Full evidence provided where required to support the response. 4 Good Above average demonstration of the relevant ability, understanding, experience, skills, resource and/or quality measures required to provide the services. Majority evidence provided to support the response. 3 Acceptable Demonstration of the relevant ability, understanding, experience, skills, resource and / or quality measures required to provide the services, with some evidence to support the response. 2 Minor Some minor reservations of the relevant ability, understanding, Reservations experience, skills, resource and / or quality measures required to provide the services, with little or no evidence to support the response. 1 Serious Considerable reservations of the relevant ability, understanding, Reservations experience, skills, resource and / or quality measures required to provide the services, with little or no evidence to support the response. 0 Unacceptable Does not comply and/or insufficient information provided to demonstrate that there is the ability, understanding, experience, skills, resource and / or quality measures required to provide the services, with little or no evidence to support the response. 3.13 Commercial / Price Evaluation
3.13.1 The Pricing Document contains the details and requirements relating to the price element of this Tender. This may include, but is not limited to, the inclusion of specific instructions, documents, templates, pricing structures, etc for the Applicant’s to return as part of their response.
3.13.2 Price shall be evaluated using the following scoring methodology, with the Tenderer’s prices scored on a comparative basis. For example: 3.13.3 This will be done by recording the lowest price submitted by any of the Tenderers, then for each Tenderer, dividing this lowest price by the Tenderers’ price and then multiplying it by the allocated weighting (e.g. 40% if that is the percentage chosen by the Council). The equation set out below explains this in a simpler way:
(Lowest Price ÷ Tenderer’s price) x Weighting = Score
13 3.13.4 To accompany the above there is a worked example below to help explain this. The example assumes only 3 prices were submitted and that price was awarded 40% of the overall marks (i.e. quality was awarded 60%):
L W Tenderer 1 Tenderer 2 Tenderer 3
Lowest Evaluation Weighting Tendered Tendered Tendered Submitted Score Score Score Elements % Price Price Price price (£)
Total Contract £65,000 40 £75,000 52 £65,000 40 £85,000 30.5 Sum
Total Score 40 34.6 40 30.5
3.14 Notification of Award
3.14.1 The Council will notify all Applicants of the Council’s award decision and will apply a Standstill Period in line with the Public Contracts Regulations 2015 (Regulation 87).
14 Section 4 – Conditions of Tender
4.1 Council’s Warranties and Disclaimers
4.1.1 The fact that an Applicant has been invited to bid does not necessarily mean that the Applicant has completely satisfied all the Council’s criteria and the Council may require further information as appropriate and assess this as part of the evaluation process. 4.1.2 The Applicant shall have no claim whatsoever against the Council in respect of such matters and in particular (but without limitation) the Council shall not make any payments to the successful Applicant save as expressly provided for in the (Call-Off) Contract and (save to the extent set out in the (Call-Off) Contract) no compensation or remuneration shall otherwise be payable by the Council to the Applicant in respect of the services by reason of the specification being different from that envisaged by the Applicant or otherwise. 4.1.3 Whilst the information in this document has been prepared in good faith, it does not purport to be comprehensive or to have been independently verified. With the exception of statements made fraudulently, the Council does not accept any liability or responsibility for the adequacy, accuracy or completeness of such information. The Council does not make any representation or warranty (express or implied) with respect to the information contained in the document or with respect to any written or oral information made or to be made available to any Applicant or its professional advisors. 4.1.4 Each Applicant to whom the document is sent must make its own independent assessment of the proposed terms after making such investigation and taking such professional advice as it deems necessary to determine its interest in the Contract. 4.1.5 This document is issued on the basis that nothing contained in it shall constitute an inducement or incentive nor shall have in any other way persuaded the Applicant to bid or enter into any other contractual agreement. Under no circumstances shall the Council be liable to an Applicant in respect of any costs incurred by an Applicant (whether directly or otherwise) in relation to the preparation or submission of an offer.
4.2 Bribery Act
4.2.1 The Bribery Act 2010 requires Public Bodies to ensure that they have procedures in place to prevent bribery by persons associated with them. As part of this responsibility all Applicants should make themselves aware of the obligations set out at http://www.justice.gov.uk/legislation/bribery.
4.3 Public Services (Social Value) Act
4.3.1 The Public Services (Social Value) Act 2012 brings in a statutory requirement for public authorities to have regard to economic, social and environmental well-being in connection with public services contracts in a way that is relevant to the subject matter of the contract and compliant with the Public Contracts Regulations 2015. Applicants must note that they may be asked to comply with particular requirements based around such considerations as part of the selection and/or award process.
15 4.4 Freedom of Information Act 2000 and Environmental Information Regulations 2004 and Data Protection Act 2018
4.4.1 The Council is subject to the provisions of the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”). This provides that anyone can ask the Council for any information held by it, or on its behalf and, unless an exemption applies, the information must be supplied. This means that all the information which an Applicant has provided in respect of this procurement and may provide in future to the contracting authorities will be subject to the FOIA or EIR. 4.4.2 In the absence of special circumstances, any part of the procurement documentation may be regarded as not subject to any exemptions, and therefore capable of being disclosed under the FOIA or EIR. 4.4.3 In respect of any completed Bid, where the Council is required to consider whether any information contained therein should be disclosed further to the FOIA, it will be necessary to consider whether any exemption applies. Where the Applicant considers that any of the information contained in its Bid is subject to any exemption, this shall be stated in the submitted Bid at Volume Two (2) Applicant’s Offer and Schedule 3 Price Schedule with an explanation setting out what exemption it considers applicable and the reasons for it. The Council may have regard to this explanation when considering its response to FOIA requests. 4.4.4 The attention of Applicants is drawn to Section 43 of the Freedom of Information Act Guidance (http://www.ico.gov.uk/for_organisations/guidance_index/freedom_of_information_and_envi ronmental_information.aspx) which provides that information may be exempt information if it constitutes a trade secret, or if its disclosure would, or would be likely to, prejudice the commercial interests of any person (including the Council). Applicants are further advised that, if the Council considers this exemption applies, it will then be necessary for the Council to determine whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
4.5 Transparency in Local Government
4.5.1 As part of the transparency agenda, the Government has made the following commitments for procurement and contracting. 4.5.2 Local authorities must publish details of any contract, commissioned activity, purchase order and any other legally enforceable agreement with a value that exceeds £5,000. 4.5.3 The Council may also publish the contract entered into with the successful Applicant. In making publication the Council intends to follow guidance set out in A practitioner’s guide to publishing information in accordance with the local government Transparency Code 2015.
4.6 GDPR and Data Protection Act 2018
4.6.1 The Applicant and Council shall comply with the provisions of the EU General Data Protection Regulation (GDPR) and the DPA 2018 where it applies in regard to any contract resulting from this procurement procedure.
16 4.7 Counter Terrorism and Security Act 2015
4.7.1 Section 29 of the Counter Terrorism and Security Act 2015 places a duty on Local Authorities in the performance of their duties to have “due regard to the need to prevent people from being drawn into terrorism”. The Act requires the Council to ensure that its procedures help to ensure a better understanding of radicalisation so that strategies can be put in place to deal with it. As part of this responsibility all Applicants should make themselves aware of the obligations set out at http://www.legislation.gov.uk/ukpga/2015/6/contents.
4.8 Modern Slavery Act 2015
4.8.1 Regulation 19 of the Modern Slavery Act 2015 incorporates the offences under Section 1, 2 or 4 of the Modern Slavery Act 2015 into Regulation 57 of the Public Contract Regulations as grounds for mandatory exclusion at selection stage. Section 54 of the Act also requires businesses which meet certain criteria to prepare and publish a slavery and human trafficking statement. 4.8.2 As part of this responsibility all Applicants should make themselves aware of the obligations set out at http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted.
4.9 Late Payment Directive 2015
4.9.1 The Council must maintain compliance with the following legislation: • Late Payment of Commercial Debts (Interest) Act 1998 • Late Payment of Commercial Debts Regulations 2002 • Late Payment of Commercial Debts Regulations 2013
4.9.2 The latter set of Regulations implements an EU Directive on late payment (Directive 2011/7/ EU). In line with this directive, the Council requires that all contracted suppliers pay their sub-contractors within 30 days.
4.10 Study of the Document
4.10.1 Documents issued by the Council to a prospective Applicant must not be passed on to a third party without the express permission of the Council. 4.10.2 Applicants are expected to read, understand and agree to the Volumes (including the terms and conditions) of the document as they will in their entirety form part of the resultant Contract. 4.10.3 The Applicant is required to obtain all information as it may require them to make a Bid. The Applicant shall be deemed to have satisfied itself as to the correctness and sufficiency of its Bid. No claims whatsoever shall be entertained arising out of the Applicants failure to study the documents; the information provided will be relied upon as being true and accurate and will form part of the Contract with the successful Applicant. If any of the information given by your organisation within the document is subsequently identified as being inaccurate, this may exclude your organisation from further consideration.
4.10.4 The Applicant’s price shall (except in so far as it is otherwise provided in the Contract) cover all obligations under the Contract and Applicants shall also be deemed to have
17 obtained for itself all necessary information as to risks, contingencies and any other circumstances which might reasonably influence or affect it’s Bid. 4.10.5 The Applicant is responsible for all costs, expenses and liabilities incurred by the Applicant in connection with preparing its Bid.
4.11 Consortia and Sub-contracting
4.11.1 Where an Applicant wishes to make its application as a Consortium or utilising sub- contractors the Council advises the group of organisations to select a Lead Applicant in whose name the Bid is to be submitted. 4.11.2 The Lead Applicant is advised to confirm precisely what the arrangements are within its Bid including providing the names of all of the organisations to be involved, the nature and extent of their involvement and proposals regarding the structure and management of the Consortium or arrangements. Such details should be provided within the Selection Questionnaire where appropriate and should enable the Council to assess the overall Consortium or core supply base. All members of the consortium are required to provide the information required in all sections of the Selection Questionnaire. 4.11.3 The Lead Applicant should provide details of the actual or proposed percentage shareholding of the constituent members within the Consortium or the exact nature of and degree to which the Supplies/Services or Works will be sub-contracted. 4.11.4 Applicants that wish to bid as a Consortium or sub-contractor are discouraged from also making their own individual application or from participating in Consortia or providing sub- contracting arrangements for multiple Lead Applicants. 4.11.5 The Council recognises that arrangements in relation to Consortia and sub-contracting may (within limits) be subject to future change. Applicants should therefore respond to this opportunity in the light of the arrangements as they are currently envisaged. Applicants are informed that any future change in relation to Consortia and sub-contracting must be notified to the Council during the procurement process or in the event that they are the successful Contractor and, in any event, as soon as that change is known. 4.11.6 The Council may then make a further evaluation of that Applicant or Contractor by applying the Selection criteria to the new information provided. In the event that the Council’s evaluation of the new information results in an outcome that is different from the original, the Council reserves the right to deselect that Applicant from the process on those grounds and the Applicant shall be notified accordingly. As such, the Lead Applicant shall undertake to ensure that any change to its Consortium or sub-contractors shall not have a negative impact upon the arrangements. 4.11.7 If a Consortium is not proposing to form a corporate entity, full details of alternative proposed arrangements should be provided. Where the proposed Lead Applicant is a special purpose vehicle or holding company, information should be provided regarding the extent to which it will call upon the resources and expertise of its members. 4.11.8 Please note that the Council reserves the right to require a successful Consortium to form a single legal entity in accordance with Regulation 19 of the Public Contracts Regulations 2015.
18 4.12 Ownership
4.12.1 The procurement documentation and all copies thereof are and shall remain the property of the Council and save for the purposes of the Bid, must not be copied or reproduced in whole or in part and must be returned to the Council upon demand. 4.13 Discrepancies, Omissions and Enquiries concerning the Documents
4.13.1 Should the Applicant find discrepancies in, or omissions from, the procurement documents, the Council shall be immediately notified by the Applicant: 4.13.2 Should any additions or deletions arising from such notification, or in the event that the Council requires an amendment to be made, these will be issued by the Council to all Applicants and will be deemed to form part of the documentation. 4.13.3 The Council reserves the right to extend any date of submission accordingly. 4.14 Terms and Conditions
4.14.1 The applicable terms and conditions accompany this tender. Applicants will be required to declare that they have read and understood and will comply with said clauses as part of the submission process.
4.14.2 Any queries regarding the terms and conditions, including an Applicant’s request to suggest alternative drafting on some or all of the clauses contained therein, may be raised during the clarification period and in accordance with the Clarification Process. The Council requests that Applicants’ comments, queries and/or suggestions are clear and precise, otherwise they may be rejected. 4.14.3 Where the Council is in agreement with any changes to the terms and conditions proposed during that period it will update and republish the relevant documentation and all Applicants will be notified accordingly. The Council reserves the right to extend the submission deadline date in order to allow Applicants sufficient time to take these changes into account. Where the Council is not in agreement with any changes those proposals shall have been judged to have been rejected and the Council shall provide an explanation to the Applicants as to the reason/s why it has been judged so. 4.14.4 When the period for clarification has closed Applicants shall no longer be allowed to raise any further queries regarding the terms and conditions and the Applicant shall not be permitted to reserve their right to comment or negotiate upon the terms and conditions at any point thereafter. 4.14.5 Applicants are required to agree to the terms and conditions associated with this procurement opportunity as part of the submission process and the Council reserves its right to class any Bid submitted to the contrary as non-compliant. All such Applicants shall be judged to have failed with their submitted Bids, shall be evaluated no further and notified accordingly. 4.14.6 The Contractor(s) shall accept the terms and conditions as they are drafted in the final Contract. No further negotiation shall take place nor changes allowed. Where a Contractor disputes this position the Council reserves the right to withdraw the Contract and class the submission as non-compliant.
19 4.15 Clarification and Circular Advices
4.15.1 Upon commencement of the procurement process the Applicant shall not approach any member of the Council in relation to the opportunity, other than by using the agreed contact email. 4.15.2 Applicants should note that unless your question is innovation based, responses will be provided to all Applicants. Where a question is of a commercially confidential nature and the Applicant does not wish it or the associated answer to be shared with other Applicants, the Applicant shall state this clearly within its question. The identity of Applicants raising any questions will remain confidential. 4.15.3 Relevant questions together with the answers will be posted on Contracts Finder and it will be the requirement for the Applicant to check any updates. 4.15.4 When Applicants first access the procurement documentation they should satisfy themselves that they have seen any messages posted. It is in the Applicant’s interest to visit the messages area regularly as clarifications may fundamentally affect their planned response. 4.15.5 If during the period the Council or Awarding Council, issues any circular letters to Applicants in order to clarify or alter part of the documents then such circular letters shall form part of the (Call-Off) Contract and Applicants shall be deemed to have taken account of them in preparing their Bid. Applicants shall promptly acknowledge any circular letters that they receive.
4.16 Completion of the Document
4.16.1 For the avoidance of doubt all of the sections included within Volume Two (2) Applicant’s Offer, Price Schedule must be completed and submitted by the Applicant in order to be considered by the Council as a fully complete and official Bid. 4.16.2 Any Bids made omitting any of the sections, or any of the requirements therein, will be considered as incomplete and may be disqualified from further evaluation and therefore exclusion from the procurement process. 4.16.3 Documents should only be completed and submitted in the format in which they currently appear. It is essential that Applicants do not re-format or re-brand any of the procurement documentation in accordance with their own standards on formatting. An example of this is if the documents are issued in Microsoft Word format, the Council requires them to be returned in the same format. 4.16.4 Applicants will answer all appropriate questions and sign (if possible) where specified. Applicants will clearly reference its replies and any supporting documentation. 4.16.5 Any pro-formas must be fully completed even if your organisation has previously submitted Bids to the Council. It is not sufficient to cross-refer to previous responses. 4.16.6 Where an Applicant requires assistance in completing the documents or meeting the submission requirements it is advised to notify the Council at the earliest convenience and request additional support, to include meeting with the Council Authorised Representative and/or Corporate Procurement Officer. Applicants may do this through the messaging facility described at section 4.15Clarification and Circular Advices of this Volume One (1) Instructions and Information.
20 4.17 Applicant Site Visits
4.17.1 Due to current COVID restrictions site visits to the Site may not be possible. Should the Applicant wish to visit the site they must seek permission with the Authorised Representative, in order to ensure a visit could be accommodated in line with any restrictions which may be in place at the time.
4.18 Alternatives and Variations
4.18.1 Innovative offers may be made in addition to making a full and complete Bid unless otherwise stated. The submission of an alternative or variant Bid will not be considered if the Applicant fails to make a compliant Bid in the prescribed format. 4.18.2 Should the Applicant wish to offer a variation or alternative Bid, including innovations to the Specification, please complete the Bid as described. This will constitute the ‘compliant Bid’. 4.18.3 The Applicant’s alternative or variant Bid should be prepared separately and submitted as such, giving clear details of your organisation’s departure from the compliant Bid. 4.18.4 Applicants may submit alternative or variant Bids in instances where it believes it is able to offer an innovative solution to a ‘traditional’ specification or where elements of its proposed service delivery deviate from the specification and/or procurement requirements such that this may render an Applicant’s Bid as non-compliant. 4.19 Return of Document
4.19.1 Documents must be returned in the correct and proper process for submitting the Applicant’s Bid electronically. All Bids shall be submitted via the email address highlighted. 4.19.2 Applicants will not email their Bids directly to any named person(s) within the Council.
4.19.3 Applicants will not send their Bids to the Council in a paper or other ‘hard’ format unless specifically requested to do so within the associated bid documentation.
4.19.4 It is the Applicant’s responsibility to ensure that its Bid is submitted prior to the deadline date/time. 4.19.5 Any submissions that do not accord with the guidelines set out above shall be considered as non-compliant and will be treated as such. 4.19.6 Submissions must be received in advance of the deadline in order to qualify as timely offers. As such, Applicants are urged to make their submission well in advance of the stated deadline in order to avoid such issues as technical difficulties with the electronic system that may be due to the high volume of traffic attempting to submit offers, for example. 4.19.7 Submissions made after the date and time specified on the documents or to a different address, electronically or otherwise, will not be considered under any circumstances.
4.20 Applicant’s Warranties
4.20.1 In submitting their Bid the Applicant warrants and represents and undertakes to the Council that it has not done any of the acts or matters referred to in Regulation 57 of the Public Contracts Regulations 2015 and has complied in all respects with the requirements;
21 • it has full power and authority to enter into the Contract and provide the Supplies/Works or Services and will if requested produce evidence of such to the Council; • it is of sound financial standing and the Applicant and its partners, directors, officers and employees are not aware of any circumstances (other than such circumstances as may be disclosed in the audited accounts or other financial statements of the Applicant submitted to the Council) which may adversely affect such financial standing in the future.
4.21 Evaluation of Bids
4.21.1 All Bids will be treated equally and assessed with transparency throughout the evaluation process. The successful offer(s) will be that which achieves the highest score within a best value framework (optimum combination of whole-life costs and quality) in line with the best value principles of Most Economically Advantageous Tender (MEAT). 4.21.2 The evaluation process is a critical part of the procurement process and is the means by which the Council is able to assess to whom the Council wishes to select to progress to the next stage of this procurement process and/or award the Contract. 4.21.3 The information disclosed by Applicants in its Bid will be used for the purposes of evaluation and shall form part of the resultant Contract. The Council’s evaluation will consist of two (2) distinct stages: Selection and Award. 4.21.4 Any responses to any of the Selection or Award questions or any other part of your Bid that are later found to be incorrect may lead to you being exempted from this procurement process or any future procurement process lead by the Council and could cause the termination of any resultant Contract.
4.22 Applicant’s Price
4.22.1 The price offered by the Applicant shall be firm and fixed for the duration of the Contract. Any percentage discounts that may be applied must be detailed by the Applicant in its Bid. Price variation during the Contract term will be by negotiation only via formal performance review meetings. Any price variations will not take effect until they have been mutually agreed by both Council and Applicant and the former receives confirmation in writing from the latter. 4.22.2 All prices submitted shall be in pounds sterling and shall be exclusive of Value Added Tax (VAT).
4.22.3 The Applicant’s price will be evaluated in accordance with the scoring methodology and weightings as set by the Council and declared within Volume Two (2) Applicant’s Offer and Schedule 3 (Price Schedule).
4.23 Errors and Omissions in the Applicant’s Bid
4.23.1 If the Council discovers errors or omissions in the Bid, the Applicant may be required to justify the price or item(s) concerned. Any price adjustments to the Bid made by agreement between the parties concerned shall be confirmed in writing by the Applicant to the Council before final acceptance of the Bid.
22 4.24 Abnormally Low Bids
4.24.1 In the event that the Council receives a Bid which is abnormally low, in accordance with Regulation 69 of the Public Contracts Regulations 2015, it shall require the Applicant to explain in writing the price or cost proposed in the submission. The Council shall assess the information provided by the Applicant and may reject the Bid where the evidence supplied does not satisfactorily account for the low level of price or costs proposed.
4.25 Acceptance of Offers
4.25.1 The Council does not bind itself to accept the lowest or any Bid and reserves the right to accept a Bid either in whole or in part, or such item or items specified in the procurement documents or to make no award at all.
4.26 Award of Contract
4.26.1 Submitted documents shall constitute an irrevocable offer to provide the Supplies/Works or Services. Any acceptance of it by the Council shall be communicated in writing to the Applicant. Upon such acceptance the Contract shall become binding on all parties. 4.26.2 The successful Applicant shall conclude a formal Contract with the Council, which shall embody the Applicant’s offer. No Applicant may consider itself successful unless and until a formal Contract has been signed by a Duly Authorised Officer of the Council and co-signed by the Applicant’s Authorised Officer. 4.26.3 The offer shall remain open for acceptance for a period of three (3) months from the closing date for the receipt of submission.
4.27 Rejection of Offers
4.27.1 The Council may at its absolute discretion refrain from considering or reject a Bid if: (i) it is incomplete or vague or is submitted later than the prescribed date and time; or (ii) it is not in accordance with the approved format and all other provisions of the documents; or (iii) is in breach of any condition contained within it.
4.27.2 The Council reserves the right, subject to relevant legislation, at any time to reject any Bid and / or terminate the procurement process with one or all of the Applicants. 4.27.3 The Council reserves the right to disqualify any or all Applicants who make material changes to, or (in the Council’s opinion) a material change takes place in respect of, any aspect of either its pre-qualification submission or Bid unless substantial justification can be provided to the satisfaction of the Council. 4.27.4 Any submission in respect of which the Applicant: • has directly or indirectly canvassed any Official, Member, Officer, Agent or Advisor of the Council or obtained information from any other person who has been contracted to supply Supplies or provide the Service or Works to the Council concerning the award of the Contract or who has directly or indirectly obtained or attempted to obtain information from any such Official, Member, Officer, Agent or Advisor concerning any other Applicant; or
23 • fixes or adjusts the prices by or in accordance with any agreement or arrangement with any other person; or • communicates to any person other than the Council the price or approximate price except where such disclosure is made in confidence in order to obtain quotations necessary for the bid preparation or for the purposes of insurance or financing; or • enters into any agreement with any other person that such other person shall refrain from submitting an offer or shall limit or restrict the prices to be shown or referred to by another Applicant; or • offers to agree to pay to any person having direct connection with the procurement process or does pay or give any sum of money, inducement or valuable consideration, directly or indirectly, for doing or having done or causing or having caused to be done in relation to any other Applicant or any other person’s proposal, any act or omission; shall not be considered for acceptance and shall accordingly be rejected by the Council provided always that such non-acceptance or rejection shall be without prejudice to any other civil remedies available to the Council or any criminal liability which such conduct by an Applicant may attract.
24 Definitions
Ad hoc Service Requests Shall mean requests from the Council for additional Services beyond the scope of the Core Services as detailed in the specification and associated Schedules. Shall mean the organisation responding to the procurement through the Applicant procurement process Shall mean the organisation preparing the procurement documents and/or Council the organisation for whom the resultant Contract will be performed Authorised Operatives / Shall mean appointed person(s) duly authorised by the Appointed Contractor’s Operatives Contractor eligible to undertake duties in connection with delivery of the Contract. Authorised Personnel Shall mean appointed person(s) of the Council eligible to make necessary (Council) formal instructions in connection with the delivery of the Contract. Council Authorised Shall mean the main client Officer for the procurement process and/or Representative resultant Contract Shall mean the process by which the Council shall determine to whom the Award Contract will be awarded in accordance with the criteria listed at Regulation 67 of the Public Contracts Regulations 2015 Shall mean the organisation for whom the resultant Contract will be performed; this may be a different organisation than is referred to under Awarding Council Council (in instances where the Council is procuring a Contract on behalf of another organisation, for example) Council, which shall be submitted as Bid / Tender Shall mean the Applicant’s offer to the the completed procurement documents Shall mean the process by which queries on the Council’s procurement Clarification document are raised by the Applicants and the process by which queries on the Applicant’s Bid are raised by the Council Shall mean the information listed by an Applicant within its Bid at Volume Two (2) Applicant’s Offer and Price Schedule comprising the information of Commercially Sensitive a commercially sensitive nature relating to the Contractor, its intellectual information property rights or its business or which the Contractor has indicated to the Council that, if disclosed by the Council, would cause the Contractor significant commercial disadvantage or material financial loss Shall mean the information listed by an Applicant within its Bid at Volume Two (2) Applicant’s Offer / Appendix A and Price Schedule comprising the information of a commercially sensitive nature relating to the Contractor, its Consortia / Consortium intellectual property rights or its business or which the Contractor has indicated to the Council that, if disclosed by the Council, would cause the Contractor significant commercial disadvantage or material financial loss Shall mean a formal and legally binding agreement entered in to between two or more parties to provide Supplies, Services or Works in return for Contract financial remuneration including all documents to which reference may properly be made in order to ascertain the rights and obligations of all the parties involved Shall mean the publication in the OJEU of an Council Contract Notice ’s intention to procure a public supplies, services, or works Contract Shall mean the Council and any other organisation on whose behalf the Contracting Council Council may be working Shall mean the Applicant awarded the Contract culminating from an offer to Contractor supply accepted by this Council Shall mean the main defined Services forming the delivery and fulfilment of Core Services the Contract, as set out in the Specification and associated Schedules. Council As Council DPA 2018 Data Protection Act 2018 (i) the GDPR, the LED and any applicable national implementing Laws as amended from time to time (ii) the DPA 2018 to the extent that it relates to Data Protection Legislation processing of personal data and privacy; (iiii) all applicable Law about the processing of personal data and privacy;
25 Default / Default Notice Shall mean a failure to perform as set out against the Key Performance Indicators within this Contract and the associated Notice issued to the Contractor outlining the default and corrective actions required to rectify. Shall mean the organisation formed on 01 December 2012 from the merger of the Criminal Records Bureau and Independent Safeguarding Council. Disclosure and Barring Further information can be found at the following: Service (DBS) check www.homeoffice.gov.uk/dbs Shall mean any organisation given access to a Contract as a result of the Eligible User procurement process and on whose behalf the Council may be establishing the arrangements Shall mean an insurance that enables organisations to meet the costs of damages and legal fees for employees who are injured or made ill at work through the fault of the employer. Employees injured due to an employer’s negligence can seek compensation even if the organisation goes into liquidation or receivership. The NHS can also claim the costs of hospital treatment (including ambulance costs) when personal injury compensation is paid. This applies to incidents that occur either on or after 29 January 2007. By law, an employer must have EL insurance and be insured for at least £5 Employers’ Liability million. Most insurers automatically provide cover of at least £10 million. (Compulsory Insurance) The insurance must cover all the organisation’s employees in England, Scotland, Wales and Northern Ireland. If the organisation is not a limited company, and you are the only employee or you only employ close family members, you do not need compulsory Employers’ Liability Insurance. Limited companies with only one employee, where that employee also owns 50 per cent or more of the issued share capital in the company, are also exempt from compulsory Employers’ Liability Insurance. However, there is nothing to prevent an exempt employer from choosing to buy this insurance in view of the financial security it can provide. Shall mean the process through which the Applicant’s Bid is reviewed in Evaluation accordance with the Evaluation Criteria, following which a decision to award a Contract is made The means by which the Council will Evaluate an Applicant’s Bid, to include Evaluation Criteria all of the issues that must be considered so as to be able to judge the suitability of an Applicant’s Bid Shall mean the individual totals in relation to the Applicant’s Tendered Grand Total prices at the end of year 4 (as set out in the Price Schedule), for Lots 1, 2 and 3, plus the individual Grand Total for Lot 4. GDPR the General Data Protection Regulation (Regulation (EU) 2016/679) Shall mean the written request by the Council for an interested Applicant to Invitation to Tender (ITT) submit a written Bid to facilitate the Council’s requirements Shall mean the standards of performance against which overall Key Performance performance is to be assessed under the Contract by the Contractor and as Indicators (KPI) set out in Table 1. Shall mean the organisation leading the bidding process on behalf of its Lead Applicant consortia or sub-contractor partners Shall mean a means of evaluation whereby all Applicants to a procurement Lowest Price process will be assessed solely on the basis of their offer of price Shall mean the Council Mandatory Requirements: ’s essential requirements that Applicants will be required to demonstrate their ability to meet so as to be able to pass Pass/Fail through to the next stage of the procurement process Shall mean the Council’s essential requirements that Applicants will be Mandatory Requirements: required to demonstrate their ability to meet and that will be scored so as to Scored be able to pass through to the next stage of the procurement process and/or as part of the Award criteria Shall mean a means of evaluation whereby all Applicants to a procurement Most Economically process will be assessed the basis of their offer of a combination of both Advantageous Tender (MEAT) quality factors and price
26 Shall mean the individual completing the procurement documents on behalf Officer of the Council Shall mean the Council ese conditions Official Purchase Order ’s Official Purchase Order, to which th apply OJEU Shall mean the Official Journal of the European Union Shall mean the procurement process determined by the Public Contracts Open Regulations 2015 and which requires the publication of an OJEU Contract Notice plus an Invitation to Tender prior to the award of a Contract Premises Shall mean the various sites as detailed within the associated Schedules that are to be serviced by the Services defined under this Contract. Premises Manager / Shall mean the Authorised Officer of the Council with overall responsibilities Corporate Health and and jurisdiction in relation to particular Premises serviced under this Safety Team Contract Procurement and Contract Shall mean the Council ward of Contracts Procedures ’s internal rules regulating the a Shall mean the value placed on a Bid by the Applicant that will purchase Pricing their offer to facilitate the Council’s requirements Shall mean the acquisition of Supplies, Services or Works from an external Procurement source Procurement As Procurement Representative Representative In Product Liability Insurance terms, a product is any physical item that is sold or given away. Products must be 'fit for purpose'. The organisation is legally responsible for any damage or injury that a product it supplies may cause (in some Product Liability Insurance circumstances this also includes products that the organisation does not manufacture). Product Liability Insurance covers the organisation against damages awarded as a result of damage to property or personal injury caused by the product. If damages are paid for personal injury, the NHS can claim to recover the costs of hospital treatment (including ambulance costs). This applies to incidents that occur either on or after 29 January 2007. Shall mean a liability cover that provides protection for negligent advice or a service provided by the organisation, it also protects against damages the organisation becomes liable for in relation to mistakes made such as errors Professional Indemnity of judgement, basic administration errors, mislay of or damage to clients' Insurance documents. It is designed to safeguard it against claims made by clients for any resulting financial loss or damage to their reputation. This type of insurance should also cover legal fees and costs. Individuals and organisations that provide professional advice or consultancy services need Professional Indemnity cover. This is a document which outlines to bidders the nature of the Project Brief good/services or works against which you wish them to submit an expression of interest Shall mean the legislation of the United Kingdom concerning the Public Contracts procedures for the award of public works contracts, public supply contracts Regulations 2015 and public service contracts Shall mean an insurance that covers members of the public or customers coming to the organisation’s premises or if the organisation’s staff go to theirs (including if the organisation is based ‘at home’). It covers any Public Liability Insurance awards of damages given to a member of the public because of an injury or damage to their property caused by the organisation. It also covers any related legal fees, costs and expenses as well as costs of hospital treatment (including ambulance costs) that the NHS may claim from the organisation. Premiums are based on the type of business and rated on an estimate for the level of activity of the business. The process of protecting children from abuse or neglect, preventing Safeguarding impairment of their health and development, and ensuring they are growing up in circumstances consistent with the provision of safe and effective care
27 that enables children to have optimum life chances and enter adulthood successfully Shall mean the process by which Applicants will be selected to move Selection forward to the next stage of the procurement process, in accordance with the criteria listed at Regulation 58 of the Public Contracts Regulations 2015 Shall mean the process by which Applicants will be selected to move Selection Qualification forward to the next stage of the procurement process, in accordance with the criteria listed at Regulation 58 of the Public Contracts Regulations 2015 Shall mean the pro-forma that all Applicants will be required to complete Selection Questionnaire and submit as part of their Bid, pursuant to Regulation 58 of the Public Contracts Regulations 2015 Shall mean a system supplying a need such as communications and Services transport, utilities such as electricity and fuel, the provision of advice or the performance of routine maintenance or repair work Service Failure(s) Shall mean failure(s) by the Contractor to perform the Services as set out under the Contract and in line with the expectations of the Council and the Key Performance Indicators as set out in Table 1. Specification Shall mean the detailed description of the Council’s requirements Shall mean the period between the notification of the Council’s intention to Standstill award a Contract and the award of the Contract, in accordance with Regulation 87 of the Public Contracts Regulations 2015 Shall mean the items offered by an Applicant and/or the items requested by Supplies the Council Shall mean the "Transfer of Undertakings (Protection of Employment) Regulations 2006" as amended by the "Collective Redundancies and TUPE Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014" Shall mean the document containing advice to Applicants concerning the way that the procurement process will be conducted and the way in which Volume One (1) the documentation should be completed - the Selection and Award criteria Instructions and to be used in the procurement process and shall be the document in which Information the Applicant shall make its response to those criteria plus pricing and information concerning the Applicant’s organisation Volume Two (2) Shall mean the document containing information specific to the opportunity, Applicant’s Offer to include the Specification Working Day Shall mean Monday to Friday inclusive, excluding Bank Holidays in England
28 Volume for Information
Volume Two (2) Applicant’s Offer Selection Questionnaire / Invitation to Tender
Contract for: Organisational and Financial Review of Penlee House Gallery & Museum
January 2021
Closing time and date for return of submission: 12:00 (Noon) 3 March 2021
Name of Applicant:
Please return electronically to: [email protected]
This document must be completed and returned in the published format. Failure to comply with this instruction may result in your Submission being discounted.
Contents
Section 1 – General Notes ...... 3
Section 2 – Selection Questionnaire ...... 4
Section 3 Specification for the provision of Consultancy Service ...... 11
Section 4 Applicants Response to Tender ...... 19
Section 5 Pricing Schedule ...... 25
Price Review Framework ...... 25
Price Validity Period ...... 25
Price Review Proposals ...... 25
Pricing Schedule Declaration ...... 25
CERTIFICATES ...... 26
Conditions of Tender ...... 26
Certificate of Undertaking and Absence of Collusion or Canvassing ...... 27
Commercially Sensitive Information ...... 28
Conflict of Interest ...... 28
2 Section 1 – General Notes
2.1.1 This document should be read in conjunction with the supporting information contained within Volume 1 “Invitation to Tender - Background Information, Instructions and Conditions of Tender” and associated documents also referenced.
2.1.2 This document and associated documents will form the basis of the Applicants formal tender response. Care should be taken to ensure that it is completed accurately, and all information required to submit a compliant tender is done ahead of submitting any final response.
3 Section 2 – Selection Questionnaire
3.1.1 The Council confirms that it will keep confidential and will not disclose to any third parties any information obtained from a named customer contact, other than to the Cabinet Office and/or contracting authorities defined by the regulations, or pursuant to an order of the court or demand made by any competent authority or body where the Council is under a legal or regulatory obligation to make such a disclosure.
3.1.2 The Applicants attention is further drawn to supporting guidance and information as included in “Volume 1” document related to this procurement process.
Notes for completion
I. The “Council” means the contracting Council, or anyone acting on behalf of the contracting Council, that is seeking to invite suitable candidates to participate in this procurement process.
II. “You” / “Your” refers to the potential supplier completing this standard Selection Questionnaire i.e. the legal entity responsible for the information provided. The term “potential supplier” is intended to cover any economic operator as defined by the Public Contracts Regulations 2015 (referred to as the “regulations”) and could be a registered company; the lead contact for a group of economic operators; charitable organisation; Voluntary Community and Social Enterprise (VCSE); Special Purpose Vehicle; or other form of entity.
III. Please ensure that all questions are completed in full, and in the format requested. If the question does not apply to you, please state ‘N/A’. Should you need to provide additional information in response to the questions, please submit a clearly identified annex.
IV. The Council recognises that arrangements set out in section 1.2 of the standard Selection Questionnaire, in relation to a group of economic operators (for example, a consortium) and/or use of sub-contractors, may be subject to change and will, therefore, not be finalised until a later date. The lead contact should notify the authority immediately of any change in the proposed arrangements and ensure a completed Part 1 and Part 2 is submitted for any new organisation relied on to meet the selection criteria. The Council will make a revised assessment of the submission based on the updated information.
V. For Part 1 and Part 2 every organisation that is being relied on to meet the selection must complete and submit the self-declaration.
VI. For answers to Part 3 - If you are bidding on behalf of a group, for example, a consortium, or you intend to use sub-contractors, you should complete all of the questions on behalf of the consortium and/ or any sub-contractors, providing one composite response and declaration.
4 Part 1: Potential supplier information Please answer the following questions in full. Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration.
Section 1 Potential supplier information
Question Question Response number
1.1(a) Full name of the potential supplier submitting the information 1.1(b) – (i) Registered office address (if applicable) 1.1(b) – (ii) Registered website address (if applicable) a) a public limited
company b) a limited
company c) a limited liability Please mark ‘X’ in the relevant box to indicate your trading partnership 1.1(c) status d) other
partnership e) sole trader
f) other (please
specify) 1.1(d) Date of registration in country of origin 1.1(e) Company registration number (if applicable) 1.1(f) Charity registration number (if applicable) 1.1(g) Head office DUNS number (if applicable) 1.1(h) Registered VAT number If applicable, is your organisation registered with the 1.1(i) - (i) appropriate professional or trade register(s) in the member state where it is established? If you responded yes to 1.1(i) - (i), please provide the 1.1(i) - (ii) relevant details, including the registration number(s). Is it a legal requirement in the state where you are established for you to possess a particular authorisation, or 1.1(j) - (i) be a member of a particular organisation in order to provide the services specified in this procurement? If you responded yes to 1.1(j) - (i), please provide additional 1.1(j) - (ii) details of what is required and confirmation that you have complied with this. Trading name(s) that will be used if successful in this 1.1(k) procurement Please mark ‘X’ in the relevant box to indicate whether any a) Voluntary, of the following classifications apply to you Community and Social Enterprise (VCSE)
b) Small or Medium Enterprise 1.1(l) (SME) c) Sheltered workshop
d) Public service mutual
5
1.1(m) Are you a Small, Medium or Micro Enterprise (SME)? Details of Persons of Significant Control (PSC), where appropriate (Please enter N/A if not applicable) Name: Date of birth: Nationality: Country, state or part of the UK where the PSC usually lives: 1.1(n) Service address: The date they became a PSC in relation to the company (for existing companies the 06 April 2016 should be used): Which conditions for being a PSC are met: Over 25% up to (and including) 50% More than 50% and less than 75% 75% or more Details of immediate parent company (Please enter N/A if not applicable)
Full name of the immediate parent company: 1.1(o) Registered office address (if applicable): Registration number (if applicable): Head office DUNS number (if applicable): Head office VAT number (if applicable): Details of ultimate parent company (Please enter N/A if not applicable)
Full name of the ultimate parent company: 1.1(p) Registered office address (if applicable): Registration number (if applicable): Head office DUNS number (if applicable): Head office VAT number (if applicable): Please note: A criminal record check for relevant convictions may be undertaken for the preferred suppliers and the Persons of Significant Control of them.
Please provide the following information about your approach to this procurement.
Section 1 Bidding model
Question Question Response number Are you bidding as the lead contact for a group of economic Please indicate your answer operators? by marking ‘X’ in the relevant box. If yes, please provide details listed in questions 1.2(a) (ii), (a) Yes No
(iii) and to 1.2(b) (i), (b) (ii), 1.3, Section 2 and 3. 1.2(a) - (i) If , and you are a supporting bidder please provide the no name of your group at 1.2(a) (ii) for reference purposes, and complete 1.3, Section 2 and 3.
Name of group of economic operators (if applicable) 1.2(a) - (ii) Proposed legal structure if the group of economic operators intends to form a named single legal entity prior to signing a 1.2(a) - (iii) contract, if awarded. If you do not propose to form a single legal entity, please explain the legal structure.
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Are you or, if applicable, the group of economic operators Yes No 1.2(b) - (i) proposing to use sub-contractors?
If you responded yes to 1.2(b)-(i) please provide additional details for each sub-contractor in the following table: we may ask them to complete this form as well. Name: Registered address: Trading status: Company registration number: Head Office DUNS number (if applicable): 1.2(b) - (ii) Registered VAT number: Type of organisation: SME (Yes/No): The role each sub-contractor will take in providing the works and /or supplies e.g. key deliverables: The approximate % of contractual obligations assigned to each sub-contractor: Contact details and declaration
I declare that to the best of my knowledge the answers submitted and information contained in this document are correct and accurate. I declare that, upon request and without delay I will provide the certificates or documentary evidence referred to in this document. I understand that the information will be used in the selection process to assess my organisation’s suitability to be invited to participate further in this procurement. I understand that the Council may reject this submission in its entirety if there is a failure to answer all the relevant questions fully, or if false/misleading information or content is provided in any section. I am aware of the consequences of serious misrepresentation.
Section 1 Contact details and declaration
Question Question Response number 1.3(a) Contact name 1.3(b) Name of organisation 1.3(c) Role in organisation 1.3(d) Phone number 1.3(e) E-mail address 1.3(f) Postal address 1.3(g) Signature (electronic is acceptable) 1.3(h) Date
7 Part 2: Exclusion grounds - Please answer the following questions in full. Note that every organisation that is being relied on to meet the selection must complete and submit the Part 1 and Part 2 self-declaration.
Section 2 Grounds for mandatory exclusion
Question Question Response number
Regulations 57(1) and (2) The detailed grounds for mandatory exclusion of an organisation are set out on this web page, which should be referred to before completing these questions. Please indicate if, within the past five years you, your organisation or any other person who has powers of Please indicate your representation, decision or control in the organisation been convicted anywhere in the world of any of the offences within answer by marking ‘X’ in the summary below and listed on the webpage. the relevant box. Yes No Participation in a criminal organisation 2.1(a) If Yes please provide details at 2.1(b) Corruption If Yes please provide details at 2.1(b) Fraud If Yes please provide details at 2.1(b) Terrorist offences or offences linked to terrorist activities If Yes please provide details at 2.1(b) Money laundering or terrorist financing If Yes please provide details at 2.1(b) Child labour and other forms of trafficking in human beings If Yes please provide details at 2.1(b) If you have answered yes to question 2.1(a), please provide further details. Date of conviction, specify which of the grounds listed the conviction was for, and the reasons for 2.1(b) conviction, Identity of who has been convicted. If the relevant documentation is available electronically please provide the web address, issuing authority, precise reference of the documents. If you have answered Yes to any of the points above have Yes No measures been taken to demonstrate the reliability of the 2.2 organisation despite the existence of a relevant ground for exclusion ? (Self Cleaning) Regulation 57(3) Has it been established, for your organisation by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United 2.3(a) Kingdom or the legal provisions of the country in which the organisation is established (if outside the UK), that the organisation is in breach of obligations related to the payment of tax or social security contributions? If you have answered yes to question 2.3(a), please provide further details. Please also confirm you have paid, or have 2.3(b) entered into a binding arrangement with a view to paying, the outstanding sum including where applicable any accrued interest and/or fines. Please Note: The Council reserves the right to use its discretion to exclude a potential supplier where it can demonstrate by any appropriate means that the potential supplier is in breach of its obligations relating to the non-payment of taxes or social security contributions.
8 Section 3 Grounds for discretionary exclusion
Question Question Response number Regulation 57 (8) The detailed grounds for discretionary exclusion of an organisation are set out on this web page, which should be referred to before completing these questions. 3.1 Please indicate if, within the past three years, anywhere in the Please indicate your world any of the following situations have applied to you, your answer by marking ‘X’ in organisation or any other person who has powers of the relevant box. representation, decision or control in the organisation. Yes No
3.1(a) Breach of environmental obligations? If yes please provide details at 3.2 Breach of social obligations? 3.1 (b) If yes please provide details at 3.2 Breach of labour law obligations? 3.1 (c) If yes please provide details at 3.2 Bankrupt or is the subject of insolvency or winding-up proceedings, where the organisation’s assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are 3.1(d) suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State? If yes please provide details at 3.2 Guilty of grave professional misconduct? 3.1(e) If yes please provide details at 3.2 Entered into agreements with other economic operators 3.1(f) aimed at distorting competition? If yes please provide details at 3.2 Aware of any conflict of interest within the meaning of regulation 24 due to the participation in the procurement 3.1(g) procedure? If yes please provide details at 3.2 Been involved in the preparation of the procurement 3.1(h) procedure? If yes please provide details at 3.2 Shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a 3.1(i) prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions? If yes please provide details at 3.2 3.1(j) Please answer the following statements
The organisation is guilty of serious misrepresentation in supplying the information required for the verification of the 3.1(j) - (i) absence of grounds for exclusion or the fulfilment of the selection criteria. If Yes please provide details at 3.2 3.1(j) - (ii) The organisation has withheld such information. If Yes please provide details at 3.2 The organisation is not able to submit supporting documents required under regulation 59 of the Public Contracts 3.1(j) –(iii) Regulations 2015. If Yes please provide details at 3.2
9 The organisation has influenced the decision-making process of the contracting Council to obtain confidential information that may confer upon the organisation undue advantages in 3.1(j)-(iv) the procurement procedure, or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award. If Yes please provide details at 3.2 If you have answered Yes to any of the above, explain what measures been taken to demonstrate the reliability of the 3.2 organisation despite the existence of a relevant ground for exclusion? (Self Cleaning)
Part 3: Selection questions
Section 7 Modern Slavery Act 2015: requirements under Modern Slavery Act 2015
Question Question Response number Please indicate your answer by marking ‘X’ in the relevant box. Yes No Are you a relevant commercial organisation as defined by 7.1 section 54 ("Transparency in supply chains etc.") of the Modern Slavery Act 2015 ("the Act")? If you have answered yes to question 1 are you compliant (Please (Please 7.2 with the annual reporting requirements contained within provide provide an Section 54 of the Act 2015? relevant URL) explanation) Section 8 Additional questions
Question Question Response number
8.1 Insurance Please self-certify whether you already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover Yes No indicated below (Please indicate your answer by marking ‘X’ in the relevant box): 5m Employer’s (Compulsory) Liability Insurance = £
Public Liability Insurance = £5m
Professional Indemnity = £1m
10 Section 3 Specification for the provision of Consultancy Service
Please see below the accompanying Specification and Applicants Response Section About us Overview
Penlee House Gallery & Museum is an Arts Council England Accredited Museum and has Arts Council England National Portfolio Organisation (NPO) status. It is owned and operated by Penzance Council. Decisions in relation to Penlee House are taken by the Council through the Penlee House Committee who are responsible for all matters relating to the running and management of Penlee House Gallery & Museum1. Penlee House was originally built as a Victorian family home. It was purchased by Penzance Borough Council along with the surrounding park as a war memorial in 1946, and the house opened as the Penzance District Museum in 1949. A major refurbishment in 1997 led to the current branding, design, layout and footprint of the building. Penlee House curates and holds at least four major exhibitions each year, primarily focussing on the artists of the Newlyn School and Lamorna group. The exhibitions often include paintings on loan from national institutions such as the Tate and Royal Academy. These temporary exhibitions occupy the ground floor galleries, whilst upstairs the Museum houses social history and archaeological displays, and an additional space that displays Newlyn School paintings from the Penlee House collection. Further information can be found at: https://www.penleehouse.org.uk/
Income and expenditure / stakeholders / staff
The Gallery is run as a public service by Penzance Council, who, as the operator, is the main funder. This income is primarily funded by the precept2. The annual budget informs the level of precept charged to Penzance Council Taxpayers. The budget is agreed by Penzance Council in a meeting usually held in January. The Penlee House Committee reviews the financial position against budget at its meetings, which are held approximately every six weeks, with any in- year revisions formally decided on by Council at the relevant Town Council meetings. The financial year runs from 1 April to 31 March.
1 Penzance Council Standing Orders, p.32 https://www.penzance-tc.gov.uk/wp- content/uploads/2020/11/Standing-Orders-2019-v.8-FINAL.pdf 2 Penzance Council Annual Report, p.12: https://www.penzance-tc.gov.uk/wp- content/uploads/2020/11/Annual-Report-Final-2019_20.pdf
11 In addition to the Council budget, the Gallery’s main revenue sources are admission fees, the in-house shop and the café franchise. Significant regular grant funding sources include Arts Council England NPO funding, an Agency Fee paid by Cornwall Council and grants for educational work and acquisitions from the Friends of Penlee House (1,837 members). These funders, alongside Cornwall Museums Partnership (https://www.cornwallmuseumspartnership.org.uk), should all be regarded as key stakeholders. The Gallery employees 10 members of staff (8.5 FTE) and employees around 11 freelance museum educators and artists per year. Penlee House has over 100 volunteers that perform roles such as stewarding, education work and collections research. Like most organisations, Penlee House has been negatively impacted by Covid-19 and the enforced closure of museums and galleries during the national lockdowns. During the lockdowns, the gallery staff launched a new website and continued to create and provide content online to maintain audience interest. Staff completed behind-the-scenes tasks (such as redecorating the galleries). One hundred art boxes for children were distributed in partnership with a local foodbank. Work continued with Carefree Cornwall to develop a Culture Card for young care leavers and young people living in care to enable free access to cultural institutions. This work has been nominated for a national award. The closures and subsequent reduced visitor numbers have caused an anticipated overall shortfall in the financial year 2020-21. Income from shop, café and admissions sales is projected to be down by c.£100,000, but this has been partially offset by savings in expenditure of c.£50,000, saved mostly from cancelled exhibitions and reduction of expenditure on marketing, office costs, travel etc.3 The budget for 2021-22 has been set with the assumption that visitor numbers will be in line with the year 2019- 20. Arts Council England guidance suggests assuming that restrictions on capacity will be relaxed by April 2021.4 Visitor numbers have been reduced in the financial year 2020-21. We have had 25% of the visitors we had from 1 April – 18 December in 2019-20. Our earned income from shop and admissions is at about 40% of our 2019-20 levels. We have predicted visitor numbers will go back to 2019-20 levels in 2021-22 as our summer exhibition about the artist Laura Knight is anticipated to be well-attended. In a normal year we would budget for an additional 6,000 visitors, but we have kept to
3 At time of writing – 30 Dec 2020 4 Arts Council England, Culture Recovery Fund Grants, Round 2, 2020, p.14 accessed from https://www.artscouncil.org.uk/sites/default/files/download- file/CRFG_second_round_Guidance_for_applicants_18122020_0.pdf
12 the more modest 2019-20 levels, anticipating the post-Covid effect. We have not received any emergency funding, including Culture Recovery Funding from Arts Council. Further information about income and expenditure is supplied in Appendix 1
Collections The Collections comprise:
The Museum Object collections: Combined Archaeological (c.3,500 items), Natural History (c.820 items) and Social History Collections (c.4,300), most of which were owned by the former Penzance Natural History and Antiquarian Society, which was founded in 1839. This collection became the property of Penzance Borough Council in 1939 and, subsequently, as a result of Local Government reorganisation in 1974, the property of Penwith District Council. This comprises 65% of the present collection and it is supplemented by items that are the property of Penzance Council (32%) and items in private ownership which are held on loan (3%). Since further Local Government reorganisation in 2009, ownership of the collection formerly held by Penwith District Council (65% of the Museum Object collection) rests with Cornwall Council until 31 March 2022. Penlee House receives an Agency Fee from Cornwall Council to manage this collection. In 2020/21, this fee was £50,418. Cornwall Council has given notice that it will cease to pay the agency fee and in return will transfer ownership of the collection to Penzance Council on 31 March 2022. The Art Collection Includes what was formerly owned by Penzance Borough Council and which has subsequently been transferred to the ownership of Penzance Council. This comprises 99.5% of Penlee House's total permanent art collection and the remaining 0.5% consists of works which are currently the property of Cornwall Council until 31 March 2022. There are c.920 items in the art collection. The Governing Body regularly solicits and accepts works of art on loan for temporary exhibition. In addition, it accepts works on long term loan to supplement the collections, and approximately 9% of the fine art collection is on long term loan, including 29 works belonging to Newlyn Art Gallery. The photography collections consist of over 10,000 images, belonging to Penzance Council. More information about Penlee House’s collections can be found in the Collections Development Policy5.
5Penlee House Collections Development Policy https://www.penleehouse.org.uk/wp- content/uploads/2020/07/Penlee-House_Collections_Development_Policy.pdf
13 The As part of the Council’s wider responsibilities, an independent review into opportunity / Penlee House has been agreed by Penzance Council to enable informed project / brief decisions to be made about the future of Penlee House. This aligns with item 3.1 in the Penzance Council Strategic Plan: ‘To determine a clear vision for the long-term support of Penlee House’ This review is further driven in light of the changes to income support from the end of March 2022 and the need to ensure a long-term sustainable operational delivery model for Penlee House.
With change to funding, pending “no change” is not an option. Penzance Council is seeking to commission a consultant(s) to: 1. Define the public benefit of Penlee House, including who the Gallery and Museum serves and who is it not serving? This aspect of the work should include: a) Research among local stakeholders to establish their current understanding of Penlee House; b) Identify under-served audiences and make recommendations based on the research about how Penlee House can engage a wider range of people, taking into account audiences that may not live locally;
c) Complete audience research to determine the views of local stakeholders, including local residents, about Penlee House; d) Quantify the economic, social and educational value of Penlee House to Penzance and its role in the wider cultural and creative ecology of Cornwall6. Determine how this informs the proposed future vision, mission and objectives. 2. Assess the effectiveness of the existing governance model, explore different governance models and produce a series of options and recommendations for improvements. This work should include: a) Providing referenced benchmarked governance models for other organisations;
b) Provide respective benefits or disadvantages of each and make recommendations for Penlee House. This should reference the costs and liabilities of each option.
6 Useful references include: Cornwall's Creative Manifesto 2021-2025; Gyllyn Warbarth, Together We Can: The Cornwall Plan; in addition to Arts Council England’s Let’s Create Strategy
14 3. Review Penlee House’s current business model, exploring value for money and options for alternative business models. This should include:
a) A breakdown of costs and forecasts based on a 5 year timeframe along with degrees of confidence around the assumptions made. Look ahead beyond this timeframe to identify opportunities;
b) Details around forecast on revenue and income streams and best / worst case scenarios and assumptions made and a recommendation for a future operating model based on this work.
4. Review of the vision and mission of the gallery and museum - putting forward recommendations for future vision, mission and objectives that are informed by considerations of the consultation and future operating model.
5. Review the current operating model and the current offer, to include a review of
a) Staffing structure and leadership; b) The current offer to the public and any recommendations for improvement taking into account the cost implications of these recommendations; c) Review and make recommendations for the fundraising, marketing and income generation strategies; d) Make recommendations that will help to determine the future operating model for Penlee House and its resultant business and fundraising strategies
6. Set out wider considerations of threats and risks to future sustainability including implications due to COVID-19 The review work as set out in this brief should where possible be informed and supported by sector related intelligence, including relevant case studies and benchmarking with other comparable reference sites.
Scope In scope for the review includes (but not limited to):
• Challenging the public benefit of Penlee House including who the gallery and museum is/is not serving and the public benefit that is being delivered. • Challenge the demand / market for Penlee House - how can it engage more widely?
15 • Understand the sustainability of Penlee House including challenging the accessibility of Penlee House, considering both physical and alternative mediums (e.g. online) • Consideration of staffing and governance including reflection on the current leadership and management arrangements plus options around alternative staffing and support (including volunteers) • Challenge overall delivery including benchmarking against other galleries and museums • Reviewing the purpose of Penlee House against forward plan – how well is Penlee House delivering against this? Is it fit for purpose in the future? • Reviewing the current governance - options and recommendations and estimated costs and other implications (including at least one case study of local authority museum going to trust and costs) • Challenging the budget for Penlee House, including viability of different activities provided, expenditure and funding and income strategies, plus the impact on funding of different governance models The following is not in scope for consideration:
• Penzance Council does not wish to consider the closure of Penlee House • Penzance Council does not wish to consider the sale of its collections held at Penlee House
Aims of the Penzance Council wants to determine a clear vision for the long-term work support of Penlee House7 Penzance Council wants to understand the most sustainable way to support Penlee House in the future and how / if it can reduce its financial support of Penlee House Penzance Council wants to understand the public benefit of Penlee House
Penzance Council seek to clarify Penlee House’s future strategy, governance and funding, looking to create a business model that will be robust and long-lasting
Key Based on this brief the key deliverables and output from the appointed deliverables / consultant will be a report on the findings of Penlee House Gallery and outputs Museum which sets out a clear vision on the long term support needs.
7 Penzance Council Strategic Plan https://www.penzance-tc.gov.uk/wp- content/uploads/2020/12/Penzance-TC-Strategy-2018-2021-FINALwithupdateDec2020.pdf
16 The report would include informed proposals and recommendations on the future vision, mission and objectives for Penlee House which is empirically informed by details on the public benefit. It should set out an understanding on the economic, social and educational value with clear linkages to the future vision, mission and objectives.
The final report must provide a clear options appraisal document, exploring different governance models, including costs and informed recommendations.
In addition to governance models the report must provide costed options for future alternative business delivery models and how this would align to the governance recommendation(s).
In summary the full final written report should be completed by 1 September 2021 with costs associated over the timeframes, with degrees of confidence being higher for the nearer liabilities and a broader degree of confidence for anticipated liabilities into the future.
Supporting this a series of recommendations developed following the production of this options appraisal including considerations on future funding, marketing and income strategies. The report must set out details on best / worst case assumptions (and details on how informed these assumptions are), Strengths; Opportunities; Weaknesses and Threats plus be reflective of the current operating challenges presented by COVID-19.
Empirical Stakeholder research with a valid cohort of representative respondents – these findings should feed into the options appraisal, to understand public attitudes towards public funding of Penlee House.
Stakeholder engagement with: Cornwall Council; Friends of Penlee House; Penlee House staff team; Arts Council England, Cornwall Museums Partnership etc.
The Consultant will be required to present the final report, findings and recommendations to members at a full Council meeting in September.
During the work, you will be expected to meet with the Task & Finish Group on three occasions:
• Upon appointment (March 2021) – meet with Task & Finish Group for Project Initiation meeting • May 2021 – Progress meeting • July 2021 –Progress meeting
17 Project The budget for this project is £24,000 - £27,000 excluding VAT. This is to budget and include all elements as outlined in the key deliverables, i.e. formal payment presentation and sign off of the final report. terms Payment terms will be in line with the accompanying Terms and Conditions.
Monitoring, Who should the consultant report to? evaluation and reflection The deliverables of the project are outlined above. You will have regular (fortnightly or as appropriate) communication with Anna Renton, Director of Penlee House Gallery & Museum. A working group of Councillors, the Director of Penlee House, the Penzance Town Clerk and CEO of Cornwall Museums Partnership, the Chair of the Friends of Penlee House and the Principal Lead for Culture & Creative Economy – Cornwall Council has been established, and you will report in to this group three times during the project. Additional meetings may be called if necessary. As noted the final report must be presented to members at full Council after 1 September 2021 (date to be confirmed).
18 Section 4 Applicants Response to Tender
4.1.1 Section 4 to be completed by all Applicants looking to submit a formal response to this Tender.
Method Statement Responses:
4.1.2 Please detail your response in regard to this specific Method Statement.
Method Statement Topic Areas How you would deliver the brief (essential)
Past experience and how you would utilise this
Council requirements for the Applicant’s response to this Method Statement: You will have experience of similar projects – creating options appraisals for organisations who are exploring a range of different governance options ideally in the local authority sector. You should provide some examples of your work or references that you are happy for us to contact about the work you have undertaken for them. This could include making reference to previous projects undertaken in the form of Case Studies. Your proposals should provide clear reference on how the experience you have would be utilised on this project to deliver meaningful quality outcomes. Please provide two references for your work.
WHAT DOES GOOD LOOK LIKE? A good response would demonstrate that the Supplier has credible and transferable experience through related examples to the subject of what is required to this tender supported with case studies with positive testimonials and references. This response would also ensure that there is sufficient and proportional supporting information and evidence and how the past experience would be utilised to deliver the outcomes required in this tender.
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PLEASE ADD RESPONSE HERE:
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Method Statement Topic Areas
Methods and approach to be applied
Council requirements for the Applicant’s response to this Method Statement:
The Supplier shall provide a Method Statement in accordance with the information provided in the Specification and the Objectives of the Tender.
As part of the Supplier’s response the Council would be seeking a submission that outlines the method and approach to be adopted in response to this brief and how this would contribute to successfully meeting the objective and required outcomes as set out in this brief.
This should be in the form of a method statement for each phase that includes the approach and methodology to be applied in that phase and including the tools, techniques and processes to be followed.
WHAT DOES GOOD LOOK LIKE?
A good response would provide clear details on the methods and approach which the Supplier would undertake on the Contract and that the method and approach would be able to deliver quality outcomes to the satisfaction of the Council within the timeframe required. The tools, techniques and processes to be undertaken must be appropriately applied, proportional for the required delivery of the Contract and proven in delivering the outcomes required in this tender.
A good response would clearly indicate an understanding of the requirements as set out and what is necessary to deliver high quality outcomes. It will clearly set out how each of the identified themes will be approached and met by the bidder.
A good response would also indicate the approach to be applied in relation to resourcing plan to undertake the work, including proposed plan around when and how the service would be delivered, along with resourcing plan that maps out to the required work, and ensures resilience around service delivery and business continuity.
A good response would clearly set out a structured approach understanding and approach to ensure that the Contract is delivered in a timely orderly and professional manner.
It would also clearly outline through the delivery of the contract how the objectives of the Council would be achieved and provide high degree of confidence that the Contractor would be able to perform the Contract in line with the expectations set out by the Council.
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Method Statement Topic Areas
Consultancy Staffing Requirements - Knowledge and Skills of the proposed team Your response to the brief should provide strong evidence that you have key knowledge, experience and skills within the proposed team in respect of undertaking organisational reviews and how this experience and skills would be applied in application of any awarded contract in relation to this brief, particularly this should include: Necessary financial acumen capabilities around assessment of funding streams and budget arrangements in Public Sector (including consideration of treatment of VAT / Business Rates and other funding sources) Suitable employment / Human resources capabilities in being able to support recommendations around any staffing implications, plus non-paid support e.g. volunteers Benchmarking, survey and analytical skills that support credible research that supports credible findings and recommendations Commercial acumen to support robust consideration around funding and marketing considerations Excellent communication and stakeholder engagement skills To support the work, it would be highly desirable for the consultant(s) to have knowledge, experience and skills in respect of working with the public sector, ideally local government, along with a strong understanding of the arts, culture and / or heritage sector. Please provide CV details of all key members of your consultant team, the roles they would perform in any contract and their day rates. Your proposal should include a clear budget breakdown.
Provide detailed proposals regarding the staffing structure and the roles and responsibilities allocated to the staff:
• Provide assurance that the staff will meet the requirements detailed in the Specification • An explanation of how the staff will be supported to deliver the services required • Who will take the lead on delivering the strategic needs of the service? • The value which individuals allocated to the project can bring to support successful delivery.
WHAT DOES GOOD LOOK LIKE? A good response would provide clear assurance that the Supplier would be delivering the Contract with resources with relevant knowledge and skills required to deliver the outcomes set out in the brief.
It will provide evidence of how staff time will be dedicated to the Service with clear role profiles and person specifications and on how personnel are motivated and have skills to work and think independently, whilst ensuring that staff are supported and suitable and effectively supervised under the contract
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This could also include details on how staff are inducted and how they are trained and supported to be effective within all they do, and the assurance that they have the right and relevant skills and experience to undertake the roles required.
PLEASE ADD RESPONSE HERE:
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Section 5 Pricing Schedule
5.1.1 Applicants are required to complete the accompanying Schedule 1 - Pricing Schedule. These costs will form the basis of the Bid submission. All prices shall be stated in pounds sterling and exclusive of VAT. If there is no charge for an item, please state none. Price Review Framework
Price Validity Period
5.1.2 As a minimum, all prices submitted must remain fixed and firm for six (6) months from date of Contract commencement. In support of this, please detail exactly how long your prices will remain fixed and firm for.
Price Review Proposals
5.1.3 The Council does not expect the Applicant to implement any price increases throughout the Contract and would conversely look to explore ways of reducing costs throughout its duration. The Applicant’s signature at the Pricing Schedule Declaration will be assumed to be an acceptance of this condition. Applicants whose price review proposal differs from the Council’s expectations under this Price Review Proposals must state within their response to Schedule 1 – Pricing Schedule.
5.1.4 Any options to extend shall detail any increase prior to any formal Contract extension. No Contract once awarded shall be renewed at a higher rate than agreed between the parties through this price review framework or through any other such agreement as submitted to and approved by the Council in writing.
Pricing Schedule Declaration
I / We offer to supply the services as per the pricing schedule, in accordance with the Specification, terms and conditions and all other documents forming the Contract.
Signed*: Date:
Name (in block capitals): In the capacity of: (State official position, i.e. Director, Manager, etc.) Organisation name and postal address:
Telephone No: Fax No:
*(It must be clearly shown whether the Applicant is a limited company, statutory corporation, partnership or single individual, trading under his own or another name, and also if the signatory is not the actual Applicant, the capacity in which he/she signs or is employed).
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CERTIFICATES
Conditions of Tender CONDITIONS OF TENDER
Reference number and Title of Contract: Shall be as per the Reference Number and Title of Contract as detailed on page one (1) of this Volume Two (2) Applicant’s Offer
1. By submitting a Tender, Applicants are agreeing to be bound by the terms and conditions without further negotiation or amendment.
I/We fully accept the terms and conditions of contract for the provision of Services
2. Having examined the tender documents for the provision of the above Services, we offer to provide the said Services in conformity, without qualification, therewith for the sum/sums enclosed in the Price Schedule of this Bid. 3. The Council does not bind itself to accept the lowest or any Tender, and reserves the right to accept a Tender either in whole or in part, for such item or items specified in the Invitation to Tender, and for such place or places of delivery as it thinks fit, each item and establishment being for this purpose considered as tendered for separately. 4. I/We the undersigned DO HEREBY UNDERTAKE on the acceptance by the Council of my/our Tender either in whole or in part, to supply (or perform the services), on such terms and conditions and in accordance with such specifications (if any), as are contained or incorporated in the Invitation to Tender. I/We agree and declare that the acceptance of this Tender by letter on behalf of the Authority, whether for the whole or part of the items included therein, will constitute a Contract for the supply of such items, I/We agree to enter into a further agreement for the due performance of the Contract, and I/We declare that I am/We are acting as the Delegated Authority for the purposes of signing off this Tender, and therefore, the Contract. Signed*: Date:
Name (in block capitals): In the capacity of:
(State official position, i.e. Director, Manager, etc.) *(It must be clearly shown whether the Applicant is a limited company, statutory corporation, partnership or single individual, trading under his own or another name, and also if the signatory is not the actual Applicant, the capacity in which they sign or are employed).
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Certificate of Undertaking and Absence of Collusion or Canvassing CERTIFICATE OF UNDERTAKING AND ABSENCE OF COLLUSION OR CANVASSING The Applicant shall sign the below Certificate of Undertaking and Absence of Collusion clearly indicating whether they sign as a Consortium or Member of Consortium (Box A), or as a single body and/or individual (Box B) by striking through Box A or B, whichever does not apply. Box A – Consortium
I/We the undersigned do hereby certify that:-
(a) the consortium’s tender is bona fide and intended to be competitive; (b) the consortium has not entered into any agreement with any person outside the consortium with the aim of preventing Tenders being made or asked the amount of another Tender of the conditions or which the Tender is made; (c) the consortium has not informed any person outside the consortium other than the person calling for the Tenders the amount or approximate amount of the Tender except where the disclosure in confidence of the approximate amount of the Tender was necessary to obtain insurance premium or other quotations necessarily required for the preparation of the Tender; (d) the consortium has not caused or induced any person to enter into such an agreement as is mentioned in (b) above or to inform the consortium of the amount or the approximate amount of any rival Tender for the Contract. (e) the consortium has not and will not canvass or solicit any Member, Officer or employee of the Authority in connection with the preparation, submission and evaluation of this Tender or award or proposed award of the Contract and that to the best of my knowledge and belief, no person employed by the consortium or acting on the consortium’s behalf has done or will do such an act. (f) I/We further undertake that the consortium will not do any of the acts mentioned in (b), (c), (d) and (e) above before the hour and date specified for the return of the Tender. Box B – Single Body and/or Individual
I/We the undersigned do hereby certify that:- My/our Tender is bona fide and intended to be competitive and I/we have not fixed or adjusted the amount of the Tender by or under in accordance with any agreement or arrangement with any other person;
(a) I/we have not indicated to any person other than the person calling for the Tender 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 other quotations necessarily required for the preparation of the Tender; (b) I/we shall have not entered into any agreement or arrangement with any other person that they shall refrain from Tendering or asked the amount of any Tender to be submitted; (c) I/we have not offered 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 work any act or thing of the nature specified and described above. (d) I/we hereby certify that I/we have not and will not canvass or solicit any Member, Officer or employee of the Authority in connection with the preparation, submission and evaluation of this Tender or award or proposed award of the Contract and that to the best of my knowledge and belief, no person employed by me/us or acting on my/our behalf has done or will do such an act. (e) I/we further undertake that I/we will not do any of the acts mentioned in (b), (c) and (d) above before the hour and date specified for the return of the Tender. Signed*: Date:
Name (in block capitals): In the capacity of:
(State official position, i.e. Director, Manager, etc.) *(It must be clearly shown whether the Applicant is a limited company, statutory corporation, partnership or single individual, trading under his own or another name, and also if the signatory is not the actual Applicant, the capacity in which they signs or are employed).
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Certificate of Confidentiality CERTIFICATE OF CONFIDENTIALITY I/we hereby agree with the Council that I/we shall not at any time divulge or allow to be divulged to any person any information, confidential or otherwise, relating to information passed to me regarding this project.
It is appreciated by the parties that in the event of negotiations in respect of the proposed Contract being entered into between the Council and my organisation that it may be necessary to share information with colleagues within my organisation. In this event this confidentiality clause may be waived to allow such information sharing to take place but not further or otherwise. Signed*: Date:
Name (in block capitals): In the capacity of:
(State official position, i.e. Director, Manager, etc.) *(It must be clearly shown whether the Applicant is a limited company, statutory corporation, partnership or single individual, trading under his own or another name, and also if the signatory is not the actual Applicant, the capacity in which they signs or are employed). Commercially Sensitive Information The Council may be obliged to disclose information in or relating to this Bid following a request for information under the Freedom of Information Act (FOIA) or Environmental Information Regulations (EIR). Please outline in the table below items which you consider are confidential and genuinely commercially sensitive and which should not be disclosed in respect of your Bid.
I declare that I wish the following information to be designated as Commercially Sensitive.
The reason(s) it is considered that this information should be exempt under Freedom of Information Act FOIA) or Environmental Information Regulations (EIR) is:
Conflict of Interest CERTIFICATE OF CONFLICT OF INTEREST I/we hereby notify the Council that I/we consider the following declaration to be a conflict of interest (Applicant to insert details of the conflict of interest):
I/we hereby understand that in accordance with Article 24 of the Public Contract Regulations 2015 that the Council is obliged to take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators. Signed*: Date:
Name (in block capitals): In the capacity of: (State official position, i.e. Director, Manager, etc.) *(It must be clearly shown whether the Applicant is a limited company, statutory corporation, partnership or single individual, trading under his own or another name, and also if the signatory is not the actual Applicant, the capacity in which they sign or are employed).
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