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5. Tendering Process and Evaluation of Tenders
5.1 Propriety and Fairness of Evaluation
5.1.1 The Executive will evaluate Tenders transparently and fairly to meet its standards of public accountability and to meet its objectives. The Executive will use evaluation criteria that will be strictly adhered to in evaluating Tender compliance.
5.1.2 The evaluation criteria will assess quality in addition to price. Each Tender will be the subject of a technical and financial analysis. In accordance with Applicable Law, the aim of the evaluation is permit the Executive to select the compliant Tender that requires the lowest financial compensation for the provision of the services.
5.2 Technical Evaluation
5.2.1 The Executive shalll consider initially the information provided in the Technical Submission and will reach an objective decision as to whether or not, in its view, all the required information has been provided and whether the organisation and arrangements described in the Technical Submission will be capable of meeting the requirements set out in the Invitation to Tender. This process may involve a period of clarification with Tenderers. The technical evaluation criteria include but are not limited to the following:
- proven general understanding of the requirements set out in the ITT;
- analysis of the technical viability of the Tender;
- viability of proposals with particular emphasis on suggested quality and internal performance measurements;
- staffing proposals;
- proposals for safety management;
- depth of experience of key staff;
- suitability of any Operator Vessels;
- assessment of Technical Submission against the Service Specification;
- compliance with Tender requirements of this ITT.
5.2.2 The Scottish Executive intend utilising the services of external advisers to assist in the Tender evaluation process. Tenders will not proceed to financial evaluation if they fail any of these technical evaluation criteria. The Executive reserves the right to reject any Tender which does not include a fully worked up Technical Submission or which is clearly unacceptable on any grounds.
5.3 Financial Evaluation
5.3.1 Tenderers whose Technical Submissions are deemed compliant will then have their Pricing Submissions assessed. Commercial and financial analysis will be used in the Pricing Submission assessment to establish the full Tender price.
5.3.2 The information required in Pricing Submission will require to be presented in a financial model as explained in para 2.19.
5.3.3 The Executive also needs to be satisfied, as part of the financial and monitoring arrangements, that the Operator has a clearly identifiable organisational and financial structure to allow the Grant award to be transparent, ring-fenced and auditable to ensure compliance with the Executive's requirements. Tenders will be evaluated against the award criteria in para 2.22 and by reference to the following criteria:
- The cost to the Executive of the Grant payments due to the Operator throughout the Grant Period;
- Whether there is sufficient transfer of risk to the Operator to meet the Executive's requirements, and
- The level of acceptance of the Draft Grant Agreement.
This list is not exhaustive and does not represent a departure from the requirements of the ITT.
5.3.4 The Executive expects to appoint a preferred Tenderer on the basis of its completed evaluation of the Technical and Pricing Submissions. The Executive will review the detailed evaluations and a ranking will be ascertained. The final ranking will be subject to any further clarifications necessary and any further interviews held with Tenderers.
5.3.5 Tenderers will be aware that the ferry company Caledonian MacBrayne Ltd is wholly owned by the Scottish Executive. Organisational measures have been designed and implemented to ensure that any involvement of Caledonian MacBrayne in the tendering process will be treated in exactly the same way as any involvement of other Tenderers
5.4 Clarification
5.4.1 If any Tender is found not to comply with the Executive's requirements, lack any information necessary to enable evaluation or to contain inconsistent information, the Executive may:
- evaluate the Tender as submitted;
- seek additional information or clarification from the Tenderer; or
- reject the Tender.
5.4.2 Tenderers may request clarification in respect of this ITT. All requests for clarification must be made in writing and should be addressed to the Scottish Procurement Directorate at the address given in para 5.10. Clarifications shall be circulated to all Tenderers and will take the form of a Circular Advice Note.
5.4.3 Tenderers are encouraged to identify issues on which they would like clarification as early as possible in the tendering process. The Executive does not commit to answering queries received within three weeks of the Tender Return Date.
5.4.4 The Executive reserves the right to issue supplementary documentation at any time during the tendering process to clarify an issue or amend any aspect of the ITT. All such further documentation issued by the Executive during the tendering process shall be deemed to form part of the ITT and shall supersede any part of the ITT to the extent indicated. The Executive may exercise the option to extend the tendering period and postpone the Tender Return Date in the event that subsequent documentation is issued by it. If additional information is placed in the Information Room, notification will be by e-mail only.
5.5 Information Disclaimer
5.5.1 Information regarding the type and pattern of services on the Northern Isles routes, as provided by NorthLink, is included in the NorthLink Information. The NorthLink Information also provides information on the Fleet Vessels available to charter from the Lessor and the Vessel capacity on the routes.
5.6 Information Room
5.6.1 Additional detailed information is available to Tenderers. This information is available through a secure Information Room (details are provided in the covering letter). As far as possible information will be provided via electronic means and will include:
- information relating to the provision of the Services
- the Draft Grant Agreement
5.6.2 In addition information will be made available through the Information Room about:
- Vessel charter arrangements;
- Harbour information including dues etc for use, as provided by the harbour authorities involved;
- additional information about the Vessels, Harbours and terminal facilities.
5.6.3 While every effort has been and will be made to provide accurate information, Tenderers should note that the Executive does not guarantee the accuracy of the information provided and it is provided for guidance only. It is for Tenderers to satisfy themselves fully as to the accuracy and relevance of all of the information provided in connection with this ITT. It is the responsibility of the Tenderer to verify and interpret the information provided and to obtain for themselves, at their own expense, any additional information necessary for the preparation of their Tender. Tenders will be accepted by the Executive on the understanding that the Tenderer is deemed to have satisfied itself as to the scope of the Invitation to Tender from the information provided.
5.6.4 While the information in this ITT or provided in the Information Room has been prepared in good faith, it does not purport to be comprehensive or to have been independently verified. Neither the Executive not any of its advisers accepts any liability or responsibility for the accuracy, adequacy or completeness of any of the information or opinions contained within this ITT or the Information Room or any information made available during the negotiating process. No representation or warranty, express or implied, is or will be given by the Executive or any of its agents or advisers with respect to such information or opinions. Any liability is hereby expressly excluded.
5.7 Confidentiality
5.7.1 All information supplied to Tenderers by the Executive in connection with the ITT (the "Confidential Information") shall be treated as commercially confidential by Tenderers and shall not be disclosed or otherwise revealed to any party except:
- for the purpose of obtaining sureties and quotations necessary for the preparation and submission of the Tender;
- with the prior written permission of the Executive; or
- to any shareholder, Affiliate or adviser of the Tenderer to the extent necessary in connection with the preparation and submission of the Tender provided that the Tenderer has placed such persons under similar obligations with regard to the Confidential Information to those contained in the ITT on the part of the Tenderer.
5.7.2 Tenderers may only use the Confidential Information for the purpose of the preparation and submission of Tenders and not for any other purpose whatsoever. Tenderers must return to the Executive or, with the Executive's prior permission in writing, destroy all Confidential Information held by them and all copies thereof forthwith on the Executive's request in writing and indemnify and keep the Executive indemnified against all damages, losses, expenses, liabilities, costs, claims, proceedings and demands arising as a consequence of any breach by the Tenderer of these confidentiality provisions.
5.8 Cost of Tendering
5.8.1 Each Tenderer is responsible for meeting all its owncosts, expenses and liabilities incurred by it in connection with the tendering process, including in relation to the preparation and submission of expression of interest and/or qualification questionnaire, negotiations and any other costs regardless of whether the Tender is successful or not.
5.9 Communication During Tender Period
5.9.1 Correspondence connected with the Tender which requires attention before the Tender Return Date, or communication stating that no Tender will be submitted, should be sent in an envelope bearing no external reference to the Tender number or Tender Return Date and addressed to:
The Scottish Executive
Scottish Procurement Directorate
1st Floor
Meridian Court
5 Cadogan Street
Glasgow G2 6AT
5.9.2 This procedure is designed to preserve equity between Tenderers by ensuring no premature disclosure of Tender details can take place. No useful purpose is served by enquiring after the result of the Tender exercise - Tenderers will be notified as early as possible.
5.10 Guidelines for Submitting a Tender
5.10.1 The Scottish Executive has introduced electronic tendering to its procurement processes. We believe there are many advantages to suppliers from the use of electronic tendering, including savings on printing and postage and more time to spend on ITT preparation. The system is entirely free to use and will give you the opportunity to become comfortable with a technology which is likely to become widespread in the future.
Background
5.10.2 The Scottish Executive is a participant in the eProcurement Scotl@nd programme. (More information on eProcurement Scotl@nd is available at http://www.eprocurementscotland.com ). One of the elements of the programme is the use of electronic tendering, which is being implemented at a number of public sector buying organisations in Scotland. So if you tender to other Scottish public sector bodies in future you may well encounter the same system.
About the system
5.10.3 The system we are using is a third-party, internet-based system called "Dynamic Trade Centre". It has been developed by Diligent Systems and is provided to us by the programme's technology providers, Elcom. A prominent feature of the system is that the interface to suppliers is designed for ease of use. Although ITTs are submitted to an electronic "tender box", you will have the ability to work on your ITT off-line and in your own time.
What to do when you receive an electronic ITT
5.10.4 Your first contact with the system is likely to be an e-mail providing you with directions for accessing an ITT document from the system's internet site. (On logging on to this site for the first time you will need to register. The process is simple and does not imply any commitment from either party. Nor will your registration details be used for any other purpose.) An Instruction Guide taking you through the system is available at this point. (You can also obtain this guide from the sources listed below.)
Further information
5.10.5 The eProcurement Scotland website contains more information on electronic tendering, including a "Frequently Asked Questions" document. (All the available guidance can also be obtained from the website, the procurement officer you have been dealing with, or the contact below.)
5.10.6 You may like to gain some practice on the system before undertaking a real tender. We have set up a dummy (or "demonstration") PQQ and ITT so that you can see the process from end to end and practice your role. To receive the demonstration PQQ/ ITT simply send an e-mail to eprocurementscotland@scotland.gsi.gov.uk (just as if you were responding to an advert or enquiry) .
5.10.7 Tenderers should note that the operational details, service standards and other statements on service provision and legislative compliance made by the Tenderer in the Technical Submission will form a binding part of the Grant Agreement.
5.10.8 Tenderers may submit their Technical bid using their own text creation facilities; however, the content layout must be identical to that set out in Annex E and must be in the same order.
5.10.9 Tenderers will be issued with a Microsoft Excel spreadsheet in electronic format listing each area of the Service Specification where a response is expected from Tenderers. Tenderers will be required to make a cross-reference to where, in their Technical Submission, their response to each of the Executive's requirements can be located. The completed spreadsheet should be returned to the Executive in electronic format with the Tender. This process serves two purposes. It acts as a checklist for Tenderers, ensuring that each area of the Invitation to Tender that requires a response receives one. It also allows the Executive's evaluation team to confirm that all relevant aspects of the Tenderer's proposal for each of the requirements have been taken into account during the evaluation process.
5.11 Additional Notices and Instructions
5.11.1 Any Tender that does not accord with all the requirements herein and in the covering letter may not be considered.
5.11.2 Tenderers should note that the inclusion of additional services on the existing routes or on any other routes is a matter for them to raise in their Tender, provided that if any additional service is likely to prejudice or have an adverse effect on the minimum requirement this will be likely to lead to the Tender being rejected on the basis of non-compliance at the Technical Submission stage. Tenderers need to be aware that the Grant award will be decided solely on the basis of the Grant award criteria, with or without any enhancements proposed to the Services.
5.11.3 Tenderers' attention is also drawn to the transparency of financial structure required to ensure that there is no cross subsidisation between the Services and any other ferry route or any other activities carried on by the Tenderer.
5.11.4 Tenderers should provide details (including contact name and telephone number) of 2 existing or past clients to whom comparable ferry services have been provided who may be contacted for the purpose of obtaining a reference. Where there have been no such clients, then details of where the Tenderer has been involved in providing similar passenger and freight operations should be provided.
5.11.5 Tenderers should provide bank details (if not already provided) for financial reference purposes together with their audited accounts covering the past 3 years.
5.12 Canvassing
5.12.1 Except as specifically authorised by the Scottish Executive, Tenderers shall not approach any member, officer or employee of the Scottish Executive, or the Scottish Executive's advisers with a view to providing information in respect of any part of their submission or proposals or attempting to support or enhance their prospect of being selected as a preferred Tenderer. Any such approach or attempted approach by a Tenderer may lead to the Tenderer's exclusion from the Tender process.
5.13 Collusion
5.13.1 Any collusion between Tenderers may lead to the exclusion of any of the Tenderers involved at the discretion of the Scottish Executive.
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