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Defform 47ST DEFFORM 47ST (Edn 10/10) Ministry of Defence Invitation to Tender (Non-Competitive) To: Tender No: DFG/6019 Lion Lion & Son Ltd t/a A Searle & Co ITT Issue Date: 27 April 2011 Attn: [Redacted – Personal information] Due for return by 27 May 2011 From: (MOD Commercial Branch) HO Lubes and Gases Room 8, DFG HQ, West Moors Wimborne, BH21 6QS Tel No: 01202 654372 Fax No: 01202 654385 NOTICES TO TENDERER You are invited to Tender, in accordance with the following conditions, for the supply of Articles and/or Services detailed in the accompanying Invitation to Tender (ITT) Material. This Invitation to Tender has been issued only to the addressee; it is not an invitation to participate in competitive tendering. Any inferred reference to competitive tendering in this document is to be construed as a reference to a single tender. The issue of an ITT is not a commitment by the Secretary of State for Defence - ‘the Authority’ - to place an order as a result of the Tendering exercise or at a later stage. Any expenditure, work or effort undertaken prior to an offer of contract and acceptance thereof, is a matter solely for the commercial judgement of your company. The Authority reserves the right to undertake an iterative tendering process following receipt of the Tender. Publicity Announcement Tenderers are advised that MOD may wish to make a public announcement concerning the award of the contract for the requirement described in the attached Schedule of Requirements. The announcement will include information on any subcontracts placed down the supply chain valued at £1 million plus. To this end, unless there are specific objections for doing so, tenderers are requested to provide details of such subcontracts on the attached DEFFORM 47SC (Sub-contracts down the Supply Chain). Any tenderer (s) who wishes to make a similar announcement, either coincident with or subsequent to MOD's announcement, should contact the commercial officer named above. The content of any announcement a successful tenderer(s) may wish to make must be cleared in advance by the appropriate MOD acquisition team and the MOD Security branch responsible for clearance of publicity material for open publication. If the notice inviting Tenders was advertised in the OJEU or MOD Contracts Bulletin, MOD will publish, unless there are specific and valid reasons for not doing so, the following information on the contract awarded: 1) Contractor’s Name; 2) Nature of goods or service to be supplied; 3) Award criteria; 4) Rationale for contract award; 5) Total price of the contract awarded. Under no circumstances should a successful tenderer(s) confirm to any third party the fact of their acceptance of an offer of contract prior to informing MOD of their acceptance, and/or ahead of MOD's announcement of the award of contract. 1 of 9 Codes Of Practice The attention of tenderers is drawn to the agreements that have been reached by the MOD/Industry Commercial Policy Group (CPG) on Codes of Practice. The Codes of Practice are intended to demonstrate a commitment by MOD and its suppliers to the establishment of better working relationships in the supply chain, based upon openness and trust. The opportunity also exists for tenderers to advertise any subcontract valued at over £40,000 in the MOD Contracts Bulletin and further details can be obtained directly from: BiP Solutions Ltd Web address: ‘www.contracts.mod.uk’ Tel No: 0141 270 7329 Submission Of Tender Your Tender is to be submitted in a sealed envelope, bearing the enclosed label, to the address shown thereon, for receipt no later than the date and time stated above. The outer packaging must clearly distinguish between commercial and technical tenders. For health and safety reasons no individual package should weigh more than 11 kilos. The envelope bearing the label will not be opened until the date and time printed thereon. The Authority cannot undertake to give consideration to any Tender submitted in a different manner (for example, by telephone, facsimile, email or telex) or any Tender not received on time. Any request for an extension of the period for tendering must be received at least 4 working days before the due date for return, but no undertaking can be given that an extension will be granted. Correspondence connected with your Tender which requires attention before the due date or communications stating that no Tender will be submitted should be sent in a separate envelope bearing no external reference to the ITT Reference Number or return date, addressed to the MOD address as stated above. No useful purpose is served by enquiring about the result of this Invitation to Tender. You will be notified of the Authority’s decision as early as possible. Conditions Of Contract A full set of the relevant Standard Contract Conditions and DEFCONs/DEFFORMs will only be attached to the ITT when it is thought that you do not already have access to them. If you have any doubt about the requirements, please telephone the MOD commercial officer named above. Forms specified herein may be obtained from MOD, Forms and Publication Commodity Management, PO Box 2, Building C16, C Site, Lower Arncott, Bicester, OX25 1LP. INSTRUCTIONS TO TENDERER 1. Price The prices quoted for the Articles and/or Services and packaging must be calculated in strict accordance with the definition of Contract Price included in the Conditions of Contract. The Tenderer shall include with his tender any additional information regarding his quotation (price breakdown, equality of information etc.) as requested elsewhere in the ITT documentation. 2. Orders for Parts of the Tender The Authority reserves the right, unless the Tenderer expressly stipulates to the contrary in his Tender, to order some or all of the Articles and/or Services stated on the Schedule of Requirements in this ITT. 3. Alternative Conditions Subject to paragraph 4 hereof, the Tenderer shall comply with the notices and instructions set out in this DEFFORM and the Conditions of Contract in the accompanying ITT Material. Any offer made subject to additional or alternative conditions may not be considered and may be rejected on the grounds of such conditions alone. The Tenderer may, however, draw attention in his Tender to any existing understanding or interpretation with the Authority regarding Conditions of Contract which he would want to apply to his Tender. 2 of 9 4. Innovative Tendering a) The Tenderer is encouraged to submit an Innovative Tender, unless expressly directed otherwise by the conditions of the accompanying ITT Material. An Innovative Tender is a Tender which offers an alternative approach to, or method of, meeting the Authority’s requirements as established in this ITT, or some reasonable relaxation of the conditions of this ITT which might provide better value for money for the Authority. The Authority will give full and careful consideration to any innovative solution which the Tenderer may wish to submit. To facilitate such consideration, an Innovative Tender should be offered, so far as possible, on the basis of the conditions set out in this ITT. b) The Authority reserves the right to accept an Innovative Tender where it considers that this meets its requirement as established by this ITT. The Authority’s decision will be final in this regard. c) The Authority will not ordinarily seek to use an Innovative Tender as the basis for a further round of tendering. Exceptionally, where the Authority considers that the tendering exercise has been ineffective, or where an Innovative Tender has revealed its requirement to have been expressed in terms that inhibited the achievement of best value for money, it may determine that its requirement as established by this ITT should be amended and may seek new or revised Tenders based on an amended ITT. The Authority may in amending the ITT take account of the broad general features of innovative solutions from an innovative Tender but only with the prior written approval of the Tenderer concerned which shall not be unreasonably withheld, taking account of the extent of the amendment and the Tenderer’s commercial interests. The Tenderer may mark or otherwise identify areas of particular commercial sensitivity in their Innovative Tender which require prior discussion with the Authority on measures to protect the Tenderer’s commercial interests in any exercise to seek new or revised Tenders. MOD will invite the Tenderer concerned to tender against any amended ITT in these circumstances, if they are still eligible against the original eligibility criteria. 5. Alteration to Schedule of Requirements by the Tenderer Any modification to the Schedule of Requirements considered desirable by the Tenderer e.g. an alternative delivery offer, should be effected by striking through the original entry and inserting the alternative adjacent to it. The Tenderer's attention is, however, drawn to the foregoing paragraphs 3 and 4. 6. Completion of Tender a) In the event of an Article appearing more than once in the attached Schedule of Requirements, whether separately or as part of an assembly, the Tenderer is requested to quote on the basis of the total quantity for that Article. b) The Tenderer should ensure that his Tender is clear and in a form which will allow the Authority to take copies for evaluation purposes. 7. Tenders for Selected Articles or Services. Tenders need not necessarily be for all the Articles or Services listed in the Schedule of Requirements. The words “No Tender” should be inserted in the price column against items for which no offer is made. 8. Alteration of Entries Once a price or other entry has been inserted, it should not be altered or erased. Any necessary correction should be effected by striking through the unwanted entry and inserting the correct one adjacent to it.
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