Payment terms
For further details on invoicing procedures please see : https://www.finance-ni.gov.uk/ar ticles/account-ni-good-invoicing-practice.
The estimated value figure indicated in the Scope Section represents an overall estimated contract value. This value reflects the potential scale of the contract and takes into account potential optional extension periods and the uptake of potential optional services as detailed in the tender documents. This figure does not however take into account the application of indexation or increases to charges due to increases in the Real Living Wage. Neither CPD nor the contracting Authority can provide any guarantee as to the level of business under this contract. The Contracting Authority does not bind itself to accept the lowest or any tender. Suppliers remain responsible for all costs and expenses incurred by them or by any third party acting under instructions from the Supplier in connection with taking part in this procurement process regardless of whether such costs arise as a consequence, directly or indirectly of any amendments made to the procurement documents by the Contracting Authority at any time. No legally binding contract shall arise (and a Supplier shall have no legitimate expectation that a contract will be entered into) until such time as entry into the Contract has been confirmed by the Contracting Authority.
Description of risks to contract performance
The Contracting Authority has identified the following risks as risks that satisfy the criteria of Schedule 8 sub-paragraph (6)(a) of the Procurement Act 2023 i.e. that the risk/s could jeopardise the satisfactory performance of the contract but, because of its/their nature, cannot be addressed in the contract as awarded:
1. Defining future learning requirements in line with changing priorities of the Contracting Authority
2. Delays to the delivery of services due to complexity, stakeholder and Subject Matter Expertise
3. Technical compatibility with the Contracting Authority's Virtual Learning Environment which is outside of the scope of this contract and currently being procured in a separate exercise
This contract includes additional service days to provide for continuous improvement
and also to cover for unknown risks that may arise throughout the contract period. The
additional services days may be used to cover the following as a minimum; Minor developments and Minor content updates. The Pricing Schedule includes an area for Suppliers to insert their daily rate for the provision of additional services throughout the contract period.
The Contracting Authority has concluded that there is a possibility that the contract may have to be modified as a result of a materialisation of the known risk/s at a later date in accordance with Schedule 8 paragraph 5 of the Procurement Act 2023.
Exclusions
If at any time during the procurement, or post award, it comes to the attention of the Contracting Authority (CA) or CPD, by whatever means, that a Supplier has become ‘excluded’ or ‘excludable’ as per Sec 57 of the PA 2023, the CA, after compliance with its obligations under the PA 23, reserves the right to exclude said Supplier from the procurement procedure or terminate any contract they have been awarded.
The Contracting Authority expressly reserves the rights:
(I). not to award any contract as a result of the procurement process commenced by publication of this notice;
(II). to make whatever changes it may see fit to the content and structure of the tendering Competition;
(III). to award (a) contract(s) in respect of any part(s) of the [services] covered by this notice; and
(IV). to award contract(s) in stages.
and in no circumstances will the Authority be liable for any costs incurred by candidates.
This project will be used to progress the Government’s wider social, economic and environmental objectives.